HUDA to pay compensation for delay in alloting plot

From ET Realty

PANCHKULA: The Panchkula District Consumer Disputes Redressal Forum has directed the chief administrator (CA) and the estate officer (EO) of Haryana Urban Development Authority (HUDA), Sector 6, to pay Rs 1 lakh as compensation to a resident of Sector 11 for not giving him possession of plot allotted in 2004.

In his complaint, the Panchkula resident, Satya Pal Sangwan, said HUDA had invited applications for residential plots in various sectors here. “I had applied for a 10 marla plot in Sector 21 in my wife’s name after taking a loan from a private bank. During draw of lots, my wife was one of the successful applicants and plot number 2473 in Sector 21 was allotted to her on April 27, 2004.” Sangwan transferred the property in his name on November 11, 2004. He withdrew his provident fund to pay the entire amount of the plot. On August 24, 2014, Sangwan submitted an application and filled a form to get possession certificate of the plot. He received a return application from HUDA mentioning that they were unable to give the possession of the plot as the demarcation plan has not been approved by the office of chief town planner (CTP). He was directed to apply afresh after the approval of the demarcation plan. Sangwan told the forum that as per the HUDA policy, if the authorities failed to deliver the possession of plot to the successful allottee, then they would pay the amount deposited, along with interest till the possession is delivered, to him.

The HUDA chief administrator and the estate officer told the forum that the revised demarcation plan was approved on December 18, 2007, but it was found that there were some discrepancies in it. Therefore, the matter was taken up with the district town planner for necessary correction. The possession was then being offered to Sangwan as the demarcation plan was approved on April 8, 2015.

“Sangwan had applied for the possession of the plot in 2014, and the plot was allotted in 2004. And so, it is clear that there is no intention to raise any construction on the plot. The allottee has got an immovable property in the form of a residential plot on a tentative price of Rs 9.09 lakh and even out of this amount interest has not been charged on instalments which the allottee had opted for,” they added. Sangwan not only got the benefit of payment of tentative price on deferred basis, but also got the advantage of non-payment of interest. He also had the benefit of appreciation in the value of land, said officials of HUDA.

The forum stated, “It is strange that after passing of plot for more than a decade from HUDA, Sangwan has not been delivered possession of his plot for which he has paid full price.” The forum directed the EO and the CA to pay interest at 12% on the amount deposited by Sangwan from the date of deposit till the delivery of possession. They were also directed to pay Rs 1 lakh as compensation for causing harassment, mental agony, unfair trade practice and deficiency in service.

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