ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

First Appeal No.811 of 2018

Date of Institution:27.06.2018

Reserve for orders:12.02.2026

Date of Pronouncement:-10.03.2026

1. Haryana Urban Development Authority, Sector-6, Panchkula its Chief Administrator.

2. The Estate Officer, Haryana Urban Development Authority, Rewari.…..Appellants

Versus

Kamlesh Yadav W/o Sh.Jaswant Singh Yadav R/o House No.1725-P, Sector-4, Rewari...…Respondent

CORAM:

Hon’ble Mr. Justice T.P.S Mann, President.

Mrs. Manjula, Member.

Present:- Shri Sikander Bakshi, counsel for the appellant.

Shri Jaswant Singh Yadav, husband of respondent Kamlesh Yadav in person.

O R D E R

T.P.S. MANN J.

1. Delay of 117 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Opposite Parties-Appellants-HUDA and another, have filed the instant appeal under Section 15 of the Consumer Protection Act, 1986 for challenging the order dated 29.01.2018 passed by District Consumer Disputes Redressal Commission, Rewari whereby complaint filed by complainant-Kamlesh Yadavwas allowed with directions:-

“Resultantly, the present complaint is allowed directing the opposite parties to refund the deposited amount of Rs.4,05,480/- to the complainant within 45 days from the date of receipt of the copy of this order failing which the amount shall fetch interest @ 9% p.a. from today i.e. the date of decision till payment. Since the complainant has suffered a lot, he is also awarded a lump sum compensation of Rs.One lac and litigation expenses of Rs.5500/- against the opposite parties to be paid within the above stipulated period. Ordered accordingly.”

3. The brief facts of the case are that the complainantis owner and in possession of plot No.1725-P, Sector-4, Rewari and the said plot was re-allotted by HUDA, Rewari vide letter No.3990 dated 09.07.2012. Complainant has constructed a house on aforesaid plot and occupation certificate has been issued by HUDA, Rewari vide dated 19.5.2016. The aforesaid plot was initially allotted through draw of lots to Sh.Chatter Singh vide letter No.3946 dated 24.11.2003. The tentative cost of the plot measuring 300 sq. meter was Rs.7,89,600/-. The aforesaid plot was increased to 365.625 sq. meter being corner plot by HUDA vide memo No.1177 dated 22.01.2004. An amount of Rs.78,960/- was demanded on account of preferential plot (corner plot), while the plot was still in the name of Sh.Chatter Singh (the original allottee). The cost on accountof change in area was Rs.2,12,798/-. The cost on account of enhancement was Rs.1,04,156/-. Thus the total cost of this plot was Rs.11,85,514/- (Rs.7,89,600+Rs.78,960/-+Rs.2,12,798/- +1,04,156/-). Vide letter No.2563 dated 12.03.2004, the OP demanded only 6 installments and one enhancement installment from the first/original allottee namely ChatterSingh. The total amount deposited by Sh.Chatter Singh was Rs.1,18,440/- on 23.12.2003, Rs.17,000/- on 01.01.2004 & Rs.56,000/- on 06.04.2004. The original allottee Sh.Chatter Singh applied for transfer of plot in the name of Anil Kumar. The OP vide letter dated 19.05.2004, re-allotted the plot in the name of Sh.Anil Kumar and further informed vide letter No.4994 dated 19.05.2014 that he has to pay in all only six installments and one enhancement installment. When the plot was transferred, Chatter Singh took the total cost of the plot minus the balance amount intimated by EO, HUDA Rewari from Sh.Anil Kumar. The amount on account of change in area was not intimated by OP. Sh.Anil Kumar paid Rs.2,12,798/- to Sh.Chatter Singh instead to HUDA. Sh.Anil Kumar did not pay any amount under any head but instead applied for permission to transfer the plot in the name of Sh.Rattan Lal Aggarwal and Sh.Sanjay Kumar Aggarwal. The OP transferred the plot vide letter dated 22.03.2005. Vide letter dated 22.03.2005, OP informed under subject condition of transfer of plot 1725P that only five nos. of installment and one no of enhancem