ADMINISTRATOR, NEW MANDI TOWNSHIP, PUNJAB Vs. HARI RAM GARG
LAWS(PUNCDRC)-2010-12-12
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 17,2010

Administrator, New Mandi Township, Punjab Appellant
VERSUS
Hari Ram Garg Respondents

JUDGEMENT

INDERJIT KAUSHIK,MEMBER - (1.) THE Administrator, New Mandi Township, Punjab appellant (In short the appellant ) has filed this appeal against the order dated 14.9.2006 passed by the learned District Consumer Disputes Redressal Forum, Sangrur (in short the District Forum ).
(2.) FACTS giving rise to the present appeal are that Sh. Hari Ram Garg and others, respondents/complainants filed a complaint under Section 12 of the Consumer Protection Act, 1986 (in short, the Act ), pleading that the respondents purchased a plot/shop No.45 at Dirba in an open auction held on 10.11.2000 and as per the terms of the auction, the successful allottees were to deposit 25% of the sale consideration of plot and allotment would be issued within one month, whereas the remaining 75% amount was to be paid in half yearly equal installments along with interest. Accordingly, plot No.45 was allotted and the respondents deposited a sum of Rs.2,34,625 through demand drafts with the appellant. The appellant did not confirm the auction and failed to issue the allotment letter within 30 days. The respondents visited the office of the appellant but no explanation was given for causing the delay in issuance of the allotment letter. The respondents were surprised to receive a letter dated 31.12.2001 from the appellant vide which the allotment was cancelled on flimsy grounds.
(3.) THE respondents filed a writ in the Honble High Court and it was allowed and on the basis of that, the appellant did not issue the allotment letter nor delivered the possession of the plot in dispute. A registered letter dated 5.9.2005 was sent, but the appellant failed to issue the allotment letter and to deliver the possession of the plot in dispute. Ultimately, on 23.8.2005, Sh. Darshan Singh, Patwari handed over the allotment letter and the possession of the plot in question was also delivered with a copy of the demarcation report to the respondents. Thereafter on 5.9.2005, the respondents requested the appellant through registered letter followed by reminders dated 17.10.2005, 14.11.2005 and 20.2.2006 to re -schedule the installments from the date of delivery of possession and receipt of allotment letter, but the appellant failed to do so and, thus, are deficient in rendering service towards the respondents. The appellant was also requested to pay interest on Rs.2,34,625 from the date of deposit i.e. 10.11.2000 to 28.3.2005 i.e. the date when the allotment letter was received by the respondents. The respondents had only deposited 1/4th price of the plot i.e. Rs.2,34,625 and no other amount was deposited. In this case, one Jiwan Kumar one of the owners has died and his share may be transferred in the name of Smt. Shanti Devi wife of Sh. Brij Lal, mother of the deceased, who is the only legal heir of the deceased and will also pay the remaining price of the plot. It was prayed that the appellant be directed to pay interest @ 24% on the amount of Rs.3,34,625 from the date of deposit i.e. 10.11.2000 to 23.8.2005; to reschedule the installments of the plot from the date of delivery of possession and receipt of allotment letter by Sh. Darshan Singh Patwari i.e. from 23.8.2005; to waive off the interest/penal interest from the date of auction till the date of delivery of possession; execute sale deed of the plot in favour of the respondents after getting entire sale price of the plot without payment of interest on the remaining sale price; transfer the ownership of Jiwan Kumar in the name of Shanti Devi; pay Rs.50,000 as damages for mental pain, agony and harassment and; pay Rs.10,000 as transportation charges along with Rs.5,500 as litigation expenses.;


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