HARPREET KAUR JEEWAN, G. S. SANDHAWALIA
Archana Aggarwal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner seeks restoration of plot allotment. (Para 1 , 2) |
| 2. arguments presented by both petitioner and respondent. (Para 3 , 4 , 5) |
| 3. court's analysis of payment obligations and petitioner’s claims. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. verification of documents related to alleged forgery. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. court identifies misuse of legal provisions by the petitioner. (Para 21 , 22) |
| 6. final dismissal of the petition with costs imposed. (Para 23 , 24 , 25) |
JUDGMENT
Ms. Harpreet Kaur Jeewan, J.
This petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of 'mandamus' directing the respondents to restore the originally allotted plot No. 2071, measuring 1 Kanal, in Sector 21 (Part-II), Panchkula, and for delivery of actual physical possession or in the alternative, an allotment of a similar plot of the same size in the same sector.
2. The brief facts of the case are that the said plot was allotted to the petitioner, as per allotment letter dated 07.08.1998 (Annexure P-1) and the total price of the plot was Rs. 20,09,280/- out of which 10% amount, i.e. Rs. 2,00,928/- was deposited
A subsequent allottee can claim an alternative plot if the original plot is embroiled in legal issues, validating consumer rights under the Consumer Protection Act.
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1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
The court established that under the Consumer Protection Act, petitioners are entitled to an alternative plot when the originally allotted plot is unfit for habitation and the HUDA policies support s....
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