Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 - Allotment of plot in favour of appellant - Deposit of 25% of the tentative price of the plot - Subsequently application by appellant for surrender of the plot and the allotment in his favour |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 - Allotment of plot in favour of appellant - Deposit of 25% of the tentative price of the plot - Subsequently application by appellant for surrender of the plot and the allotment in his favour -Application allowed - Refund of amount by respondent - Acceptance of the said amount by appellant without protest - Thereafter, complaint by appellant seeking direction against the respondent for restoration of the plot or for allot111ent of an alternative plot alongwit~ compensation of Rs.2,00,0001- - Complaint allowed by the District Foru111 - Howeve1; the State Com111ission dis111issed the complaint - National Commission upheld the said order - On appeal, held: Subsequent developments took place whereby conveyance deed was executed, plot was transferred to the appellant, building plan was approved by the Estate Officer, occupation certificate was placed on record and no due certificate was issued by the Estate Officer - These are vitiated by reason of complicity of the officials working in HUDA and named in the report - HUDA directed to take disciplinary action against those found responsible and to punish the111 in accordance with law - Even though the appellant has been a beneficiary of a so called fraudulent allotment yet in view of the facts and circumstances of the case demolition of the house and restoration of the plot to HUDA at this stage would be harsh for hi111/them - Thus, the allotment is allowed to continue subject to the appellant depositing the prevalent price of the plot at the rate of Rs. 18,000/- per square meter within the stipulated period - In case the needful is not done, the order passed by National Com111issio11 and the Stale Commission would be affirmed. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 998 |
Petitioner | Pratap Singh Yadav |
Respondent | Haryana Urban Development Authority & Anr. |
SCR | [2016] 8 S.C.R. 827 |
Judgement Date | 2016-10-28 |
Case Number | 10418-10419 |
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