IMPROVEMENT TRUST, BARNALA Vs. MEENA MODI
LAWS(PUNCDRC)-2010-8-1
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 30,2010

IMPROVEMENT TRUST, BARNALA Appellant
VERSUS
Meena Modi Respondents

JUDGEMENT

- (1.) MEENA Modi, respondent was allotted Plot No.140 measuring 125 sq.yards by the appellants in 22 Acre Scheme vide Allotment Letter dated 28.11.1997. The respondent made the payment of all the instalments of that plot. The basic facilities like road, electricity, water supply and sewerage line, etc. were to be completed even before the allotment of these plots but these were completed only in December, 2002. However the possession of the said plot was not given to the respondent.
(2.) IT was further pleaded that in the first week of July, 2003, the respondent approached the appellants for possession and demarcation of her plot but instead, the appellants raised the payment of Rs. 63,000 as non -construction fee from the respondent for the period from 2001 to 2003 vide letter dated 14.7.2003. The respondent requested the appellants to withdraw this demand and to provide possession and demarcation of the said plot to her. She also filed application dated 22.7.2003 to the appellants to withdraw the illegal demand and provide possession of the plot to her. On this, the appellants threatened the respondent either to deposit a sum of Rs. 63,000 or the plot would be resumed.
(3.) IT was further pleaded that the prices of construction have increased. The appellants have illegally retained the amount of Rs. 87,500 deposited by the respondent as price of the plot. Therefore, she was entitled to interest @ 18% p.a. from the appellants on this amount from the date of deposit till the basic amenities were provided in December 2002. Since the appellants had declined to give possession till the amount of Rs. 63,000 was deposited by the respondent, therefore, on 21.8.2003 this amount was deposited by the respondent with the appellants. Hence the complaint for the refund of Rs. 63,000 with interest @ 18% p.a. from the date of deposit besides interest on the amount of Rs. 87,500 on the same rate. Compensation and costs were also prayed.;


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