NEW DELHI: In a significant ruling that underscores the importance of transparent governance and emphasises the legal principle of ‘contra proferentem’, reinforcing the need for clear communication in administrative processes, the National Consumer Disputes Redressal Commission ( NCDRC ) has sided with a retired head constable from the para-military service , ordering Haryana govt to allocate him a residential plot in Hisar, in a decision that reverses a previous order of the state consumer commission. Contra proferentem is a rule of contract interpretation that states that an ambiguous contract term should be construed against the drafter of the contract. Retired personnel Naresh Kumar had got the plot of Haryana Urban Development Authority (HUDA) through a draw under the reservation criteria for ex-servicemen in Feb 2014.
But later govt cancelled the allotment citing that he did not fall in the category. Following this, Kumar challenged the cancellation of the plot in district consumer commission, which ruled in his favour. Yet, HUDA appealed to the state commission, which upheld the cancellation but ordered it to refund the earnest money with 12% interest.
Kumar contested the state commission’s ruling at NCDRC, arguing that he qualified as an ex-serviceman based on a HUDA circular specifying a 10% reservation for defence personnel and ex-servicemen, including those from paramilitary forces. HUDA contended that the draw brochure clearly delineated reservation categori.
