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3. Brief facts which led to the filing of these appeals are as follows:- The appellant/complainant was allotted a plot bearing No.1048 in Sector 64, Faridabad measuring 250 sq. yds. vide Memo No. 399 dated 01.01.2001 at the rate of Rs.1,865/- per sq. yd. The appellant along with the application form had deposited 10% as earnest money and 15% of the sale consideration was deposited on 22.01.2001. Balance amount of 75% of the total cost 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’). HUDA issued the demand notice 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 cost of the plot, which as per the terms of allotment they have right to do so. The appellant has failed to deposit the said amount and hence the possession of the plot was not delivered to him. Alleging that there was deficiency on the part of HUDA for not delivering the possession, the appellant filed a complaint 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. During the pendency of the said complaint before the District Forum, the amount deposited by the appellant towards price of the plot was refunded to and accepted by the appellant. The fact that the appellant had taken refund was however not brought to the notice of the District Forum which passed the award on 19.12.2005. The District Forum vide Order dated 19.12.2005 allowed the complaint 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 District Forum ordered that the amount already paid by the appellant to be adjusted against price of the plot now to be allotted to the appellant as per the order. 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.

“We have heard learned counsel for the parties at some length. In the ordinary course, we would have, in the light of the affidavit filed by the respondent-Authority, disposed of the matter with a suitable direction regarding payment of the extension of fee by the petitioner. What dissuades us from doing so is the fact that consequent upon the order passed by the District Consumer Forum and while the matter was still pending before the State Commission in appeal, the Estate Officer of the respondent-Authority had by letter dated 15th April, 2008 regularised the allotment of the plot and offered the possession thereof to the petitioner. This order, it appears, was passed either in ignorance of the fact that the HUDA had challenged the order passed by the District Consumer Forum or in deliberate suppression of the same. In the ordinary course if HUDA had assailed the order passed by the District Consumer Forum, there was no question of the Estate Officer going ahead with regularization of the allotment or delivering possession of the plot-in-question. Not only that we find that the possession was actually delivered to the petitioner on 7th October, 2009 and a “no encumbrance certificate” issued on 9th August, 2013 while the matter was pending before the State Commission. Building plan for the proposed construction was sanctioned on 21st September, 2010. All this happened while the proceedings before the State Commission were pending to which respondent-HUDA was a party. The State Commission eventually set aside the order passed by the District Consumer Forum on 2nd December, 2010. Even so the respondent-HUDA issued a DPC Certificate on 20th December, 2010, no matter the order passed by the District Consumer Forum directing regularised/re-allotment and possession had already been set aside by the State Commission.
9. Inspite of the above order, there was delay in conducting inquiry and also taking action against the officials of the HUDA responsible for dereliction of duties. By order dated 17.11.2015, this Court has directed the Chief Administrator, HUDA to be present in the Court and also to file the response. Thereafter, HUDA has filed its response on 19.11.2015 indicating the names of the officials responsible for lapses in this case and also the status of action taken and we are of the view that the action taken against erring officials are to be taken to their logical conclusion.

(4) That the year-wise rates of allotment of Sector-64 are as under:- 

|    Year   |HUDA Rate (per sq. yard)                           |
|2001       |Rs.2718/-including enhanced compensation.          |
|2005       |Rs. 2718/- including enhanced compensation.        |

That the rate for the year 2010 was Rs. 6200/- per sq. mtrs. and after the year 2010, the rate was not finalized till the year 2014-15, hence the deponent is not in position to intimate the rate of the year 2011. Moreover it is submitted that the rate of the year 2014-15 is Rs. 10500/- per sq. mtr.” Considering the fact that the appellant has deposited the then cost of the plot way back in 2009 and other facts and circumstances and in the interest of justice, we direct HUDA to permit the appellant to retain the plot subject to the condition that the appellant pays the cost of plot at the prevailing HUDA rate i.e. Rs.10,500/- per sq. mtr.