PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR Vs. PREET BAINS
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Punjab Urban Planning And Development Authority Through Its Chief Administrator
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(1.) PLOT No. 3005 measuring 500 sq. yards
in Sector 69, SAS Nagar, Mohali was allotted to one Balbir Singh by the
appellants in the year 1995. Surjit Singh respondent purchased this plot
from the allottee after making the entire payment to him and the plot was
transferred in the name of Surjiit Singh respondent vide re -allotment
letter dated 30.12.1998. The amount of first and second installments
along with interest was deposited by the original allottee while third
and fourth installments along with interest amounting to Rs.1,57,500 and
Rs.1,46,250 respectively were deposited by the respondent.
(2.) IT was further pleaded that as per the terms and conditions of the allotment letter, the appellants were bound to deliver possession of
the plot in question to the allottee and thereafter to the respondent
within a reasonable time and the allottee/transferee was required to
complete construction of the building within a period of three years.
However possession of the plot was not delivered by the appellants to the
allottee/transferee even after the expiry of three years. Therefore the
respondent has suffered a huge financial loss besides suffering physical
harassment and mental tension.
(3.) ALLEGING deficiency in service on the part of the appellants, the respondent filed the complaint against them in the District Consumer
Disputes Redressal Forum, Ropar (in short District Forum ) for
compensation for the delay in delivery of possession of the plot to the
respondent. The refund of the interest amount, interest thereon and costs
of litigation were also prayed.
The appellants filed the written reply. It was pleaded that originally one Mohinder Singh had applied for a plot measuring 500 sq.
yards in Sector 69, SAS Nagar, Mohali on 17.12.1984 and the application
was registered at No. 567 General. This application was got transferred
by Mohinder Singh in the name of Balbir Singh Kanwar from the appellants
vide letter dated 18.9.1996. Said Balbir Singh was allotted plot No. 3005
measuring 500 sq. yards in Sector 69, SAS Nagar, Mohali vide allotment
letter dated 28.2.1997 at the rate of Rs.1,800 per sq. yard. The terms
and conditions of the allotment were accepted by the allottee and he had
deposited a sum of Rs. 1,65,000 on 19.3.1997 through demand drafts and
another sum of Rs. 1,80,000 vide receipt dated 19.3.1998.;
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