PARDEEP SHARMA versus CHIEF ADMINISTRATOR HARYANA URBAN DEV. AUTHORITY & ANR

PARDEEP SHARMA versus CHIEF ADMINISTRATOR HARYANA URBAN DEV. AUTHORITY & ANR

Since the appellant had deposited the plot's cost and constructed on it, and possession was delivered as per execution proceedings, in the interest of justice, permitted retention of the plot on condition of payment at prevailing HUDA rate, after adjusting deposited amounts.

Parties
Appellant: Pardeep Sharma; Respondent: Chief Administrator, Haryana Urban Development Authority & Anr.
Jurisdiction
India
Judgment Date
07 January 2016
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals allowed; Orders of National Commission set aside.
Legal Topics
Allotment of Plot, Non Delivery of Possession, Refund of Deposit, Consumer Status Under Consumer Protection Act, Remedies for Deficiency of Service
Consumer Protection Law Property Law Allotment of Plot Non Delivery of Possession Refund of Deposit Consumer Status Under Consumer Protection Act Remedies for Deficiency of Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pardeep Sharma

Appellant

Chief Administrator, Haryana Urban Development Authority & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the appellant, after accepting refund and surrendering the plot, can claim possession or retain the allotted plot under the Consumer Protection Act, 1986
  2. 2 Whether the directions of the District Forum for re-allotment and possession are sustainable after refund and surrender
  3. 3 Consequences of official lapses in plot allotment and regularization during appellate proceedings

Ratio Decidendi

Since the appellant had deposited the plot's cost and constructed on it, and possession was delivered as per execution proceedings, in the interest of justice, permitted retention of the plot on condition of payment at prevailing HUDA rate, after adjusting deposited amounts.

Court Disposition

Appeals allowed; Orders of National Commission set aside.

Orders

  • HUD A to permit appellant to retain the plot subject to payment of Rs. 10,500/- per sq. mtr. (current HUDA rate for 2014-15), after adjusting already deposited amounts.
  • Appellant to deposit required amount within four months from judgment date; HUDA to execute documents and issue required clearances within four weeks thereafter.