MANOHAR LAL SHARMA Vs. URBAN IMPROVEMENT COMPANY (P) LTD.
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MANOHAR LAL SHARMA
Urban Improvement Company (P) Ltd.
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(1.) COMPLAINANT was 50 years old when he booked two plots, one in his name and another in his wifes name with the
opposite party Urban Improvement Co. (P) Ltd. in Greenfield Society.
Having waited for 45 years and having paid the entire consideration
amount, he could not get the possession as the plots were cancelled in
the year 2002 allegedly on non -payment of the amounts demanded from time
to time on account of additional development charges. He is now 95 years
old and has on account of wrongful cancellation of the plots, through
this complaint, sought following reliefs:
A.. Direct the respondent to immediately handover the peaceful possession to the complainant of the said plot No. N -94, measuring 223 sq. yds. booked in the name of the complainant and that of the said Plot No. N -135 measuring 267 sq. yds. booked in the name of late Smt. Mohan Devi Sharma the wife of the complainant or in the alternative direct inter alia to the respondent to pay a sum of Rs. 10,000 per sq. yards i.e. Rs. 22,30,000 for the said plot No. N -94 and Rs. 26,70,000 on the said plot No. N -135, to the complainant for non -delivery of the possession of the said plot and/or plots as the present market value of the said plot/plots with interest @ 24% from the date of filing the present petition till realisation of the said amount.
B. Direct the respondent to pay a suitable rather exemplary damages to the complainant for the respondents failure to hand over the timely possession of the said plot/plots to the complainant, as may be deemed fit and proper in the circumstances of the case.
(2.) FACTS as disclosed by the complainant in short are that the complainant had booked two plots of land in the Greenfield Society with
the OP in the year 1961 viz. one plot in his name and the second in the
name of his wife late Smt. Mohan Devi Sharma, who expired on 7.3.1990 and
consequently the name of complainant was substituted in her place. The
payments towards cost of the said plots were made in stipulated
instalments to the OP. The details of payments made by the complainant in
respect of Plot No. N -94, (measuring 222 sq. yds) in his name are as
(a) Total cost of the plot as per offer documents, including the cost of entire development work. Rs. 3,145.50
(b) 15% paid on 18.2.1961 Rs. 472.00
(c) 20% paid on 11.9.1962 Rs. 629.00
(d) 20% paid on 15.10.1962 Rs. 629.00
(e) 20% paid on 23.10.1962 Rs. 629.00
(f) 20% paid on 16.3.1964 Rs. 629.00
(3.) THE balance amount of the cost of plot was to be paid at the time of completion of the arrangement of lighting etc. But the project
was delayed by the OP company. On 22.2.1967 the company demanded
˜Additional Development Charges (ADC) from the plot holders @ Rs. 6 per
sq. yd. even though at the time of booking of plots there was no mention
of such charges to be recovered from the plot holders. Every cost of
development was included in the cost of the plot. The plot holders
objected to the same and did not pay ADCs at that time.
On 2.9.1969 the OP advised that plot area had been increased by 50 sq. yds. from 233 yds. but later on in May, 1982 it was actually decreased to 222 sq. yds. and the plot No. was also changed. In May 1982
i.e.. after 15 years the OP company demanded Additional Development
Charges (ADCs) @ Rs. 65 per sq. yd. and the same were paid through
(g) 1st instalment of Rs.4,014.00 was paid on 10.8.1983.
(h) 2nd instalment of Rs.3,300.00 was paid on 10.8.1984.
(i) 3rd instalment of Rs. 3,3300.00 was paid on 12.10.1985.
(j) 4th instalment of Rs. 4,400.00 was paid on 20.3.1987.
(k) On 20.3.1987 complainant paid Rs. 370.00 against interest on account of delay in deposit of ADCs. ;
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