IMPROVEMENT TRUST Vs. ASHWANI KUMAR
LAWS(PUNCDRC)-2010-2-4
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 23,2010

IMPROVEMENT TRUST Appellant
VERSUS
ASHWANI KUMAR Respondents

JUDGEMENT

- (1.) THE appellants had developed scheme No. 1, Giani Zail Singh Nagar, Rupnagar for allotting plots and shop -cum -flats to the general public on payment basis. Shop -cum -Flat No. Ill measuring 121 sq. yards in the said scheme was owned by Kartar Singh who sold the same to the respondents vide registered sale deed dated 8.6.1994 through his attorney Om Prakash.
(2.) IT was further pleaded that after purchasing the plot, the respondents applied to the appellants to transfer the said plot in their names. The appellants vide their letter dated 6.7.1994 asked the respondents to appear in the office of the appellants on 8.7.1994. Accordingly the respondents appeared in the office of the appellants on the appointed day. When the respondents appeared, they were required by the appellants to deposit a sum of Rs. 4,717 as non -construction fee and Rs. 5,566 as transfer fee. However when the respondents went to the office of the appellants for depositing the said amount it was not accepted by the appellants on the pretext that one Vidya Sagar had filed a civil suit in the Court of Sub -Judge, First Class, Rupnagar ((Shri R.K. Tyagi) regarding this plot.
(3.) IT was further pleaded that the said civil suit was filed by Vidya Sagar on 22.7.1994 but it was dismissed in default on 25.9.1995. He had also filed an application for restoration of the above said suit on 27.9.1995. It was again dismissed in default by the Court of Additional Civil Judge (Senior Division), Rupnagar (Shri Chanan Singh) on 11.4.1996. Said Vidya Sagar had filed an appeal against the order dated 11.4.1996. The said appeal was also dismissed as withdrawnby the Court of Additional District Judge, Rupnagar (Ms. Sabina now Hon'ble Judge of the Punjab and Haryana High Court at Chandigarh) on 29.9.1997. It was further pleaded that in the meantime the respondents tried to deposit a sum of Rs. 4,717 as non -construction charges and Rs. 5,566 as transfer fee on 30.12.1996. However the appellants had accepted only a sum of Rs. 4,717 as non -construction fee and refused to accept Rs. 5,566 as transfer fee.;


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