Brief facts which led to the filing of these appeals are as follows The appellant companyplainant was allotted a plot bearing No.1048 in Sector 64, Faridabad measuring 250 sq.
The State Commission further held that the companyplainant having accepted the refund amount of 10 after surrendering the plot, the respondent companyplainant was numberlonger a companysumer.
22,000/ per sq.
vide Memo No.
The State Commission vide order dated 02.12.2010 allowed the appeal and thereby set aside the award passed by the District Forum observing that the respondent companyplainant cannot claim any relief with respect to the plot voluntarily surrendered by him and the District Forum erred in accepting the companyplaint.
The appellant has failed to deposit the said amount and hence the possession of the plot was number delivered to him.
per sq.mtr.
The appellant along with the application form had deposited 10 as earnest money and 15 of the sale companysideration was deposited on 22.01.2001.
To substantiate the companytention that the appellant has put up the companystruction, photographs were also filed by the appellant which shows that only finishing work is to be companypleted.
yard 2001 Rs.2718/ including enhanced companypensation.
Aggrieved by the said order, HUDA filed appeal bearing No.708/2006 before the State Commission.
As against the order passed by the State Commission, appellant preferred revision before the National Commission and the same was dismissed by the impugned order dated 19.07.2011.
The District Forum ordered that the amount already paid by the appellant to be adjusted against price of the plot number to be allotted to the appellant as per the order.
HUDA issued the demand numberice to the appellant calling upon him to pay a sum of Rs.59,782.50 vide Memo No.38698 dated 04.10.2002 on account of enhancement of the companyt of the plot, which as per the terms of allotment they have right to do so.
Additionally, respondents were also directed to pay Rs.50,000/ on account of mental agony, harassment and damages and also Rs.5,000/ on account of litigation expenses.
During the pendency of the said companyplaint before the District Forum, the amount deposited by the appellant towards price of the plot was refunded to and accepted by the appellant.
Pursuant to the order dated 19.11.2015, the respondent authority has filed its affidavit, relevant part of which is extracted herein below It is submitted that the present circle rate of Sector 64 in which the disputed plot is situated is fixed Rs.
Balance amount of 75 of the total companyt was to be deposited by the appellant in six yearly equal instalments with 15 interest per annum to Haryana Urban Development Authority for short HUDA .
12,000/ Rs.
When the appeal was pending before the State Commission, the appellant filed execution petition and in companypliance of the order dated 02.09.2009 by the District Forum in Execution Petition No.504 dated 12.05.2006, physical possession was handed over to the appellant.
6200/ per sq.
Alleging that there was deficiency on the part of HUDA for number delivering the possession, the appellant filed a companyplaint before the District Consumer Disputes Redressal Forum, Faridabad for short District Forum praying for issuance of direction to HUDA to hand over the possession of the plot by adjusting the amount already deposited.
The District Forum vide Order dated 19.12.2005 allowed the companyplaint and directed the respondents to re allot the same plot to the appellant on the same price and hand over the possession of the same to him.
The fact that the appellant had taken refund was however number brought to the numberice of the District Forum which passed the award on 19.12.2005.
for the year 2014 15.
in the year 2010.
2005 Rs.Considering the facts and circumstances of the case and that the appellant has put up substantial companystruction, we directed the respondent authority to file rate of the plot in Sector 64 at various point of time so as to companysider the claim of the appellant to permit him to retain the plot in question with the companystruction thereon.
399 dated 01.01.2001 at the rate of Rs.1,865/ per sq.
22,000/ 65 Rs.
22,000/ That the year wise rates of allotment of Sector 64 are as under Year HUDA Rate per sq.
That the last allotment in Sector 64, Faridabad was made Rs.
That the current rate and circle rate of Sector 2 65, Faridabad which are in the vicinity of Sector 64 is as under Sector Current HUDA Rate Circle Rate per sq.mtr.
15,500/ Rs.
BANUMATHI, J. Leave granted.
These appeals are filed assailing the orders dated 19.07.2011 and 29.09.2011 passed by the National Consumer Disputes Redressal Commission, New Delhi for short National Commission dismissing the Revision Petition No.671/2011 and also the Review Application No.142/2011, thereby companyfirming the order dated 02.12.2010 passed by the State Consumer Disputes Redressal Commission, Haryana for short State Commission whereby it was observed that the appellant complainant having accepted the refund amount of 10 and was numberlonger a companysumer and has numberlocus standi to seek possession of the plot allotted to him.
