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HARPREET KAUR JEEWAN, G. S. SANDHAWALIA
Archana Aggarwal – Appellant
Versus
State of Haryana – Respondent
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 at the time of application. After the draw of lots, the petitioner has further deposited a sum of Rs. 3,01,392/- to complete 25% of the total price of the plot. There was an option for payment of the remaining price either in lump sum without interest within 60 days of the issuance of the allotment letter or in 06 annual installments of Rs. 2,51,160/- each payable in August every year. It is the case of the petitioner that the respondents did not carry out the development work in the area. Though, as per C
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.
Delay in allotment of flat – Deficiency in service – Failure to provide completion/occupation certificate by Development Authority.
(1) Subsequent purchaser - subsequent purchaser who takes over the obligation of the Original purchaser to pay the balance amount, would not per se excluded from the description of a Consumer and eve....
Refund rights of consumers upheld despite payment issues, highlighting supplier's persistent obligation to deliver services as contracted under consumer protection principles.
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....
(1) Validity of offer of possession can only be recognized if it is supported by a Completion Certificate and Occupation Certificate – There is no legal provision allowing possession to be offered ba....
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