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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4236 OF 2011
 
(Against the Order dated 05/10/2011 in Appeal No. 1778/2007 of the State Commission Haryana)
1. HUDA & ANR.
Through Its Chief Adminstrator, Sector-6
Panchkula
Haryana
2. Haryana Urban Developemtn Authority
Through its Estate Officer
Ambala
Haryana
...........Petitioner(s)
Versus 
1. NARINDER SINGH
S/o Sh Ram Singh, R/o House No-567, Sector-9,Urban Estate
Ambala
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :MR. VIVEK GUPTA
For the Respondent :MR. BRIJENDER KAUSHIK

Dated : 06 Feb 2018
ORDER

O R D E R (ORAL)

        Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), by Haryana Urban Development Authority (for short “HUDA”) is to the order dated 5.10.2011, passed by the State Consumer Disputes Redressal Commission, Haryana at Panchkula (for short “the State Commission”) in FA/1778/2007.  By the impugned order, the State Commission has affirmed the order dated 22.5.2007, passed by the District Consumer Disputes Redressal Forum, Ambala (for short “the District Forum”) in Complaint No.104/2007 and has thus, dismissed the Appeal preferred by HUDA against the said order.

2.     In the first place, allowing the Complaint filed by the Respondent herein, alleging deficiency in service on the part of HUDA in not issuing the letter of allotment in respect of Plot No.302, Sector 32, Ambala Cantt, in the name of Narinder Singh, S/o Ram Singh, under the oustees Scheme, announced by HUDA, in lieu of the acquired lands belonging to the Complainant, on the ground that the Applicant had failed to furnish ‘No objection certificate’ from other co-owners of the land acquired by HUDA, the District Forum had directed HUDA not to insist on such ‘No objection certificate’  and issue an allotment letter in the sole name of the Complainant and also pay to him compensation in the sum of ₹5,000/- for causing unnecessary harassment to him along with Costs quantified at ₹2,000/-.

3.     Thus, the short controversy falling for consideration in the case is whether the Forums below were justified in issuing the afore-noted directions to HUDA?

4.     The issue as to whether each of the co-owners of the land acquired were entitled to allotment of a plot under the Scheme, is no longer res integra.   In Haryana Urban Dev. Authority & Anr. vs. Bhagwan Singh & Ors. Etc., by its order dated 24.11.2015, the Hon’ble Supreme Court has dismissed the Special Leave Petitions, being SLP (C) Nos. 13375-13383/2013, preferred by HUDA against the judgment delivered by the Punjab & Haryana High Court, inter alia, holding that each of the co-owners of the acquired land was entitled to allotment of a plot under the Scheme.

5.     In light of the said authoritative pronouncement, no fault can be found with the afore-noted directions issued by the Fora below. 

6.     Resultantly, the Revision Petition fails and is dismissed accordingly, leaving the parties to bear their own costs.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER
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