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Interest charged on huda plot without giving offerr of possession

(Querist) 15 January 2013 This query is : Resolved 
dear sir,

i seek valuable advice on the following issue.

1. i was allotted by lottery a plot in gurgaon by HUDA. the total amount was paid by october 2000 in instalments as were the terms of the offier.

2. a condiition s no 7 of the allotment letter dt 2.3/1995 reads as under:-

'The possession of the site will be offered to you on completion of the developments in the area'.

I DID NOT GET ANY COMMUNICATION FROM HUDA AFTER 1997.

IN MAY 2012 I GET A LETTER FROM HUDA , THE ONLY LETTER I GET , IS THAT

'UPROKT PLOT KI OFFER OF POSSESSION 30/01/2000 NIRDHARIT KEE GAYEE HAI'

meaning that it has been decided to deem date of offer of possession as 30/01/2000.

they have been levying interest , now upto 380000, on the basis of the condition of the allotment letter that 'interest shall accrue from the date of offer of possession'.

When i asked them to send a certified copy of the offer of possession sent to me in 2000 they could not do so.

my query is

1. are they legally entitled to levy interest from 'the date of offer of possession' without sending any such letter.

i repeat that in response to an rti filed by me they stated that the offer of possession copy is attached but it was not.

2. what remedy should best suit me

vinay kala jan 15,13
Raj Kumar Makkad (Expert) 16 January 2013
1. No.

2. Challenge the levy of interest before consumer forum and obtain stay order against the recovery.
vinaykala (Querist) 16 January 2013
dear makkad sahab,

thanks for the short and prompt and meaningful response.

do value your timely advice and will do so likewise.

thanks again sir.

i am deeply indebted.

vinay kala

dec 16,12
Raj Kumar Makkad (Expert) 16 January 2013
Most welcome Vinay at any time.


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