L.S.DUGGAL vs HARYANA URBAN DEVELOPMENT AUTHORITY

S/Shri L.S. Duggal and A.C. Chhabra, two residents of Chandigarh allegedly purchased a plot measuring 209 sq. metres situated at Shahbad on 14.1.92 from Shri Ajay Kumar Bangia, respondent who was the allottee of this plot belonging to Haryana Urban Development Authority, Panchkula. On failure of Shri Ajay Kumar Bangia to implement his agreement to sell dated 14.1.1992 the complaint was instituted and the Consumer Disputes Redressal Forum, Chandigarh, dismissed it on 13.2.1997. Aggrieved against it the present appeal has been attempted.

WE have perused the complaint and the replies filed by the Haryana Urban Development Authority and Shri Ajay Kumar Bangia, the allottee respondent No. 2. The plot was allotted on 26.6.91 and the agreement to sell by Shri Ajay Kumar Bangia, the allottee was executed on 14.1.1992. The complaint now under consideration as a consequence of the dismissal of which the present appeal arose was instituted on 20.8.1996 and was clearly barred by time. Besides this there are a large number of questions of fact and law, examination of the terms and conditions of the agreement, which shall require considerable evidence. It is also doubtful whether the appellants i.e. prospective buyer can be deemed to be consumer in the facts and circumstances of the case now in hand. We do not concur with the contention of the learned Counsel for appellants that the complaint was simply dismissed in limine. The replies were filed by both the respondents and after considering and hearing the complaint was rightly dismissed. No interference is called for and the appeal is hereby dismissed. Appeal dismissed.