PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR Vs. PREET BAINS
LAWS(PUNCDRC)-2010-1-3
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 29,2010

Punjab Urban Planning And Development Authority Through Its Chief Administrator Appellant
VERSUS
Preet Bains Respondents

JUDGEMENT

S.N.AGGARWAL,PRESIDENT - (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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