2004 (11) TMI 525

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....sh Chand, Advs. For the Respondents :Party in Person for Respondent No. 1, H.K. Puri, Manish Kumar Saran V.K. Verma, Advs. for Respondent No. 2. JUDGMENT Leave granted. The controversy in this appeal lies within a very narrow compass. The respondent No.1 applied for allotment of a plot in response to an advertisement issued by the Haryana Urban Development Authority (in short 'HUDA'). The appl....

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....der dated 31.03.2003, the District Forum directed refund of the amount deposited along with 12% interest with effect from the date of deposit till realisation. The matter was carried in appeal before the State Consumer Disputes Redressal Commission, Haryana, Chandigarh (in short the 'State Commission') by HUDA. By order dated 09.06.2003, the State Forum reduced the interest to 10% but otherwise af....

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....losure period, i.e. 03.12.2001, the letter was served on HUDA and therefore the orders of the Forums below do not suffer from any infirmity. What is stipulated in Clause-4 of the letter dated 30.10.2001 is a communication regarding refusal to accept the allotment. This was done on 28.11.2001. Respondent No.1 cannot be put to loss for the closure of the office of HUDA on 01.12.2001 and 02.12.2001 ....

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....thin that period if it is done on the next day on which the court or office is open. The reason is that law does not compel the performance of an impossibility. (See Hossein Ally V. Donzelle) ILR 5 Calcutta 906). Every consideration of justice and expediency would require that the accepted principle which underlies Section 10 of the General Clauses Act should be applied in cases where it does not ....