ADMINISTRATOR, NEW MANDI TOWNSHIP, PUNJAB Vs. HARI RAM GARG
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Administrator, New Mandi Township, Punjab
Hari Ram Garg
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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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