HARYANA URBAN DEVELOPMENT AUTHORITY vs ASHOK KUMAR

THIS revision is directed against the order dated 20.9.2004 of Consumer Disputes Redressal Commission Haryana, Chandigarh dismissing appeal against the order dated 29.7.2004 of a District Forum whereby petitioners/opposite parties were directed to allot plot No. 284-P or an alternate plot, pay Rs. 5,000 towards compensation and interest @ 10% p.a. on amount of Rs. 19,996 from date of deposit to the respondent/complainant.

IN short, the facts giving rise to this revision are these. Respondent applied for allotment of 6 Marlas plot in Sector 4, Urban Estate, Kurukshetra on 6.11.2000 and deposited earnest money of Rs. 19,996 under the Government Servant Reserved Quota scheme of respondent No. 2-HUDA. Though plot No. 284-P was allotted but allotment thereof was cancelled vide memo No. 11239 dated 8.6.2001 by respondent No. 2. Against the cancellation order dated 8.6,2001 the respondent filed appeal before the Administrator of respondent No. 2 but the same was dismissed by the Administrator by the order dated 20.9.2001. Therefore, on the strength of certificate dated 2.7.2001 issued by Dy. General Manager, Haryana State Co-operative Apex Bank Ltd., Chandigarh the respondent filed complaint which was contested by the petitioners by filing written version. Main ground taken in written version was that respondent was not eligible for allotment of plot as per eligibility condition No. 12(vi) of the brochure. Both the Fora below were of the view that respondent is eligible for allotment of plot under said eligibility condition No. 12(vi). Contention advanced by Mr. Sanjay Singh for petitioners is that respondent is not eligible for allotment of plot under condition No. 12(vi) of the brochure. That condition is reproduced below : "12(vi) Only Haryana Govt. Employees, employees of its Boards, Corporation/Committees/Improve-ment Trust and Co-operative Banks under the aegis of Haryana Government are eligible to apply. However, the employees of Autonomous bodies like University, employees of the DRDA and employees of the Co-operative Federations except Haryana State Co-operative Banks are not eligible to apply."

Before issuing of memo No. 11239 dated 8.6.2001 (copy at page 57) the Estate Officer, HUDA, Kurukshetra had sent a letter dated 11.4.2001 to the Managing Director, Kurukshetra Central Co-operative Bank Ltd., Kurukshetra seeking confirmation if the respondent was an employee of Co-operative Bank and issuing Integrity Certificate. Reply dated 7.6.2001 sent by the Managing Director of the Bank (Copy at page 55) omitting immaterial portion, reads thus : "By inviting your attention to your office letter No. 6187 dated 11.4.2001 on the above subject, it is informed that Mr. Ashok Kumar, son of Mr. Daulat Ram, Salesman is an employee of the Dhurala Sehkari Rinn Evam Sewa Samiti Ltd., Dhurala which is a legal organisation separately an which comes under the business circle of this bank, but the bank is unable to issue an Integrity Certificate in connection with this employee because he is an employee of the Co-operative Rinn and Sewa Samiti, only."

SUBMISSION advanced by Mr. Sachin Jain for respondent is that the respondent falls under the category of employee of Haryana State Co-operative Banks of said condition No. 12(vi). However, in view of above letter dated 7.6.2001 this contention repelled being without any merit as the respondent is not an employee of Haryana State Cooperative Bank. Certificate dated 2.7.2001 (at page 60) is of no help to the respondent. Both the Fora below has thus, acted, erroneously in holding the respondent to be eligible for allotment of plot under said condition No. 12(vi) of the brochure. That apart, against the order of cancellation of plot on 8.6.2001 the respondent had filed appeal as provided by condition No. 13 of the brochure before the Chief Administrator, HUDA which was dismissed by the order dated 20.9.2001. The respondent could not have legally assailed the validity of the order dated 20.9.2001 in the complaint filed before the District Forum. On the face of order dated 20.9.2001 the Fora below could not have passed order for allotment of plot to the respondent.

WHILE allowing revision on both the grounds aforesaid orders of District Forum and State Commission are set aside and complaint dismissed. Deposited amount of Rs. 19,996 returned along with the aforesaid order dated 8.6.2001 if not accepted by the respondent will be refunded by the petitioners within four weeks to the respondent. No order as to costs. Revision Petition allowed.