ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.215 of 2024 Date of Institution:22.02.2024 Date of Decision:08.01.2025

1. Haryana Shehri Vikas Pradhikaran, through its Estate Officer, HSVP, Sector-

14, Gurugram.

2. The Administrator, HSVP, Sector-14, Gurugram.

3. Haryana Shehri Vikas Pradhikaran, through its Chief Administrator, HSVP Office Complex, C-3, Sector-6, Panchkula.

…..Appellant Versus GaganVashisth and Nitin Vashisth sons of Shri Ram Nath Sharma, R/o House No.484P, Sector-10, Gurugram.

..…Respondents CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs.Manjula, Member Present:- Shri Sikander Bakshi, counselfor the appellants.

Shri Sahil Sharma, counsel for the respondents.

O R D E R

T.P.S. MANN J.

Delay of 103 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Appellants-Opposite Parties (OPs),have filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 01.09.2023 passed by learned District Consumer Disputes Redressal Commission, Gurgaon whereby complaint filed by complainants/respondents herein GaganVashisthand Nitin Vashisthwas partly allowed with directions:

“Thus, in view of our aforesaid discussions, the complaint of the complainants is partly allowed with costs. Accordingly, the present complaint is hereby disposed of with the direction to the HUDA to recover the amount of only Rs.20,760/- as additional cost of the subject preferential corner plot from the complainants with the further direction to waive off the remaining amount of interest i.e. Rs.82,247/- as well as to issue No Dues Certificate in respect of the subject plot to the complainants. In the peculiar circumstances of the present case, the complainants cannot be held entitled to any compensation on account of any alleged mental agony and harassment. However, the complainants are awarded the amount of Rs.11,000/- as costs of litigation. The complainants are directed to pay the aforesaid amount of Rs.20,760/- to the OPs after adjusting the amount of cost of litigation i.e. Rs.11,000/- within 45 days from the date of this order, failing which the amount will attract interest @ 12% per annum from the date of this order till actual realization.”

3. The brief facts of the case as set out in the complaint are that complainants have purchased plot No.484-P, Sector-10, Gurgaon in the year 2008 from Shri Sikander Sultan-the predecessor allottee of the said plot. The transfer of residentialPlot No.484-P, Sector-10, Gurgaon was allowed by HUDA vide endorsement No.361 dated 19.02.2008 addressed to Shri Sikander Sultan-the previous allottee after clearance of all outstanding dues of the said plot. The building plan on the said plot was also approved by HUDA/OPs vide memo No.SDE(s)1262 dated 04.06.2008 after clearance of all the dues outstanding up to that time. The OPs also granted permission for DPC level certificate vide memo No.SDE(s) 593 dated 17.07.2008 after clearance of all the dues outstanding up to that time and nothing was balance. The OPs issued completion/occupation certificate vide memo No.SDE(s) 567 dated 02.03.2009 after clearance of all dues outstanding upto that time. Similarly, all the outstanding dues were also cleared at the time of revised building plan, which was submitted by the complainants and sanctioned by HUDA authorities on 10.07.2019. Despite paying all the outstanding dues of HUDA and receiving the NOC at the time of completion/occupation certificate on 02.03.2009 for plot No.484-P, Sector-10 Gurgaon and after sanction of the revised building plan for additional constructions as per rules.The complainants visited HUDA office for getting the cancellationof revised building plan.They were shocked to know that they were informed that an amount of Rs.20,760/- (Additional cost of corner plot) + Rs.82,247/-=1,03,007/- was outstanding, which was wrong and illegal. The OPs did