Case nº Revision Petition No. 726 Of 2012, (Against the Order dated 24/11/2011 in Appeal No. 3296/2007 of the State Commission Haryana) of National Consumer Disputes Redressal Commission, May 03, 2012 (case 1. Ajay Kumar and Anr. 2. Mr Krishan Kumar Vs Huda and Anr.)
| Judge | For Appellant: Mr. Jitender Vashisht, Advocate and For Respondents: Nemo |
| President | Mr. Ashok Bhan, President and Mr. J.M. Malik, Member and Mrs. Vineeta Rai, Member |
| Resolution Date | May 03, 2012 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Order:
Complainants/Petitioners have filed this Revision Petition against the order and judgment dated 24.11.11 passed by the State Consumer Disputes Redressal Commission, Haryana (in short, ''the State Commission'') in appeal no. 3296/07 whereby the State Commission reversing the order passed by the District Forum has allowed the appeal filed by the Respondent herein and has dismissed the complaint filed by the Petitioners.
FACTS:-
Complainants/Petitioners purchased a freehold residential plot bearing No.118 admeasuring 200 sq. yards situated in Mandi Township, Bhiwani in an open auction for a sum of Rs.1,02,000/-. Petitioners paid the entire amount of consideration. Letter of allotment was issued on 17.10.89. Petitioners filed the complaint before the District Forum alleging that due to delay in offering the possession of the allotted plot for a period of five years, Petitioners suffered huge financial loss on account of escalation in the cost of construction. According to the Petitioners, the Respondent was required to offer the possession of the plot within 90 days of the issuance of the allotment letter after carrying out the development work.
Respondent, on being served, entered appearance and filed its written statement taking the preliminary objection that the complaint was hopelessly barred by time. On merits, it was stated that the Complainants have no locus-standi to file the present complaint as the plot was purchased in an open auction; that the possession of the plot was offered after completing the development works; that there was no deficiency in service on their part and the complaint was liable to be dismissed.
District Forum after taking into consideration the pleadings and evidence led by the parties, allowed the complaint in the following terms:-
" Accordingly, under the provision of Section 14 of the Consumer Protection Act, 1986 amended upto date, we direct the Respondents to issue the fresh offer of possession after completing the development work and also direct to pay interest @ 10% p.a. on the deposited amount to the complainant after two years from the date of allotment till the date of payment. Besides it, cost of litigation is also allowed to the Complainant, which we quantify at Rs.2,000/-. Other relief are hereby declined. The order be complied within two months from today. In case of default, the complainant is entitled to get interest @ 12% p.a. on the above said awarded amount from the date of...
To continue reading
Request your trial