STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/156/2022 WITH SC/6/IA/2524/2025 (EARLY HEARING)

HSVP .......Appellant(s)

PRESENT ADDRESS - SECTOR-6, ,HARYANA.

Versus NIRMALA DEVI .......Respondent(s)

PRESENT ADDRESS - H.NO. 1135, SECTOR 15, CHANDIGARH. ,HARY BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT: MR. SIKANDER BAKSHI, COUNSEL FOR APPELLANTS. FOR THE MR. ABHINEET TANEJA, COUNSEL FOR RESPONDENT NO.1. MR.

RESPONDENT: VARUN CHAWLA, COUNSEL FOR RESPONDENT NO.2.

DATED: 12/01/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 22.04.2022 Date of final hearing: 12.01.2026 Date of order: 12.01.2026 First Appeal No.156 of 2022 IN THE MATTER OF:-

1. Haryana Shehri Vikas Pradhikaran, through its Chief Administrator, Sector

6, Panchkula.

2. The Administrator, Haryana Urban Development Authority, Panchkula.

3. The Estate Officer, Haryana Shehri Vikas Pradhikaran, Karnal.

.....Appellants Versus

1. Nirmala Devi W/o Sh. Om Parkash, R/o House No. 1135, Sector-15, Chandigarh.

…..Respondent

2. Punjab National Bank, Railway Road, Safidon, District Jind, Haryana.

…..Performa Respondent CORAM: SH. S.P. SOOD, JUDICIAL MEMBER SH. S.C. KAUSHIK, MEMBER Present: Mr. Sikander Bakshi, counsel for appellants.

Mr. Abhineet Taneja, counsel for respondent No.1.

Mr. Varun Chawla, counsel for respondent No.2.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER The present appeal No.156 of 2022 has been filed against the order dated

02.02.2022 passed by learned District Consumer Disputes Redressal Commission, Panchkula (In short “District Consumer Commission”) in complaint case No. 349 of 2020, which was allowed.

2. Factual matrix: Complainant applied for allotment of plot at Sector-33P, Karnal vide application dated 30.05.2014. In order to apply for the plot, the earnest money i.e. 10% of the total consideration amount was required to be paid to OPs No.1 to 3 at the very outset. Complainant approached OP No. 4 to avail the loan facility for the payment of earnest money and after completion of requisite formalities, OP No. 4 disbursed the amount of Rs.4,87,400/- to OPs. OPs No.1 to 3 did not hold the draw of lots for long period of time due to some litigation. The Bank started levying heavy rate of interest on the earnest money, which was got financed by the Complainant from the bank, therefore, complainant had to repay the entire loan to OP No. 4. OPs No. 1 to 3 held the draw of lots on 28.09.2017 wherein complainant was declared successful and residential plot No. 950P, Sector-33P was allotted to him by OP No. 3 vide letter dated 12.02.2018. In terms of clause No. 5 of the allotment letter dated 12.02.2018, remaining 15% was to be deposited within 30 days i.e. on or before 13.03.2018. The said allotment letter was sent by the OP No. 3 to OP No. 4. As the loan was already repaid by the complainant, OP No. 4 did not inform the complainant about the aforesaid allotment letter issued by OP No.3. Subsequently, when complainant approached to OP No.3, it was informed that the allotment of the said plot has already been cancelled due to non-payment of instalment prior to issuing show cause notice to the complainant and forfeiture of earnest money, in this regard. Complainant approached bank i.e. OP No. 4 and it came into his notice that before cancellation, OPs had sent various letters to the OP No.4. Complainant requested the Chairman, HSVP, Panchkula to condone the delay vide request letter dated 31.12.2019 but OP No. 3 rejected his request for condonation of delay. In response to said request letter dated 31.12.2019, the OP No. 3 issued the letter dated

30.09.2020 regarding forfeiture of the said earnest money.

3. Upon notice, OPs No.1 to 3 raised contention. In their defense; it is submitted that OP No.1 had invited applications for allotment of residential plots in Sectro- 32, part and 33 Part, Urban Estate Karnal, the booking for which was commenced on 12.03.2014 and clo