Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Statutory fees, levied in lieu of service provided, may in the usual course be subject matter of Consumer Forum's jurisdiction provided that there is a `deficiency in service' etc. - Law laid down in case HUDA Vs Sunita, overruled...........
HUDA -- Resumption of plot - Plot in question allotted for industrial use but it was misused for commercial purposes - Even after cancellation of allotment in 1996, misuse continued till 2007 - There was blatant misuse of plot in question - Power of resumption exercised by authority was not on trivial breach but on material breach - Power of resumption rightly exercised...........
Auction -- Rejection of bid - Validity - Bid rejected after considering the reports, as price fetched was on lower side as compared to similar properties in other urban areas - Moreover, Administrator not only rejected the plaintiffs bid but also rejected the six other bids in the interest of public, revenue of State and in the interest of HUDA - Rejection of bid, held,..........
Allotment of plot -- Fraudulent allotment - Dereliction of duties by HUDA officials - Enquiry conducted by HUDA shows that several officials were responsible for lapses in the matter of granting approval for allotment of plot, execution of Conveyance deed, approval of building plans and issue of full occupation certificate - Entire process leading to allotment of plot in..........
Allotment of plot -- Fraudulent allotment in favour of appellant by officials of HUDA - Appellant constructed a house over plot in question - Though appellant is a beneficiary of what is and can be said to be fraudulent allotment yet keeping in view the facts and circumstances of case that demolition of house and restoration of plot to HUDA may at this stage work rather..........
Haryana Urban Development Authority Act, 1977, Section 17(8) -- Revision - Whether HUDA can charge interest @ 18% - None of provisions of 1977 Act or Regulsation framed therein has been pointed out enabling HUDA to charge interest rate @ 18% - Revision of HUDA dismissed with costs of Rs.10,000/-.`..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Acquisition of land - Land acquired for public purpose but diversified for private purpose - Effect - Transfer of title of land, in favour of builder, seeking release of land for colonization - Resulting into gross abuse of law on account of unholy nexus of concerned authorities and builder for enabling builder to profiteer -..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Unauthorized use of building allotted by HUDA - Schools allegedly being run from premises allotted for shops and houses - Held, authority needs to comply with their statutory obligation under the act - Directions issued to ensure compliance by way of necessary actions...........
Consumer Protection Act, 1986, Section 12, Haryana Urban Development Authority Act, 1977, Section 15 -- HUDA - Re-allotment of plot on revised rate - Plot allotted to appellant was cancelled by HUDA on account of default in payment of enhanced money - 10% earnest money also refunded to appellant and he accepted the same - However, District Forum restored the allotment -..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Proper party - If the owner of property was HUDA and defendants were allottees with equitable right of purchase from HUDA, latter would be necessary party in terms of S.13 of Specific Relief Act...........
