Land Acquisition Act, 1894 -- Acquisition of land - Market value - High Court reducing it by cut off of 20% as determined by reference Court - Land acquired for HUDA - HUDA alleged to have charged higher price for alloting acquired land - Refund was asked from appellants from paid higher compensation - It does not amount to unjust enrichment of HUDA - Appeal dismissed...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Services - Housing - Plot - Reallotment - HUDA while allotting and subsequently reallotting the plot now to Complainant, undertook to render service - Not a case of out and out sale held in respect of the plot in question - Provisions of C.P. Act would be applicable...........
Compensation -- Housing - Plot - Reallotment of - Non-delivery of possession - Encroachment - HUDA directed to hand over possession of the entire area of the allotted plot after removal of the encroachment or to allot an alternative plot of the same size at the same rate - Compensation of Rs.50,000/- awarded for mental and physical harassment...........
Interest -- Plot - Delay in delivery of possession - Caused by the petitioner-HUDA without sufficient reason, it cannot ask for interest on delayed payment of instalments - District Forum directed petitioner-HUDA to refund Rs.66,720/- charged on account of interest for delayed payment and extension fee, Rs.5000/- as compensation and Rs.1,000/- as costs - In appeal..........
Housing -- Delay in construction of flat - Self financing scheme - Refund - Interest - District Forum directed refund of amount with 15% interest - State Commission reduced interest to 9% p.a. - Revision - Order of State Commission set aside and that of District Forum affirmed in view of judgment in `HUDA vs. Darsh Kumar'...........
Housing -- Plot allotment - Execution of conveyance deed - Respondent-HUDA reducing the area of the plot allotted to the petitioner by 4.17 sq. yards at the time of the delivery of possession - On this account conveyance deed could not be executed - Complaint filed for deficiency in service - District Forum directing refund of the price of the reduced area with interest..........
Consumer Protection Act, 1986, Section 2(1),(g),18 -- HUDA Act, Sections 2(b) , 3 and 30(2) - Plot allotment - Cancellation of letter of intent by Estate Officer - On appeal filed before Administrator HUDA appeal allowed and letter of intent restored - On asking of Estate Officer, HUDA required amount deposited with interest but possession of plot not delivered - Order of..........
Plot Allotment -- Alternative plot - Price to be charged - Possession of the original plot could not be given due to litigation - Allotment of alternative plot - Held that the price of the alternative plot shall be the same which was prevailing at the time of original allotment - HUDA is not entitled to charge the present price of the alternative plot for the reason that..........
Alternative Plot -- Allotment of - Original plot allotted a decade ago - Possession could not be delivered due to litigation and an alternative plot allotted on floating price - Held that HUDA is not entitled to charge the prevailing price of the alternative plot - Direction issued to HUDA to charge the same price which was prevailing at the time of the original allotment...........
Plot allotment -- Interest - Charging on - The HUDA can charge interest only after the offer of physical possession of the plot...........