RAJ KUMAR GOYAL Vs. JALANDHAR IMPROVEMENT TRUST
LAWS(NCD)-2020-1-15
NCDRC
Decided on January 02,2020

RAJ KUMAR GOYAL Appellant
VERSUS
JALANDHAR IMPROVEMENT TRUST Respondents

JUDGEMENT

PREM NARAIN,J. - (1.) The present consumer complaint has been filed by Mr Raj Kumar Goyal against the opposite Parties - Jalandhar Improvement Trust and Anr.
(2.) The brief facts of the case are that draw was conducted by the opposite parties and the applicant/ complainant was a successful allottee. The opposite parties sent a letter of allotment dated 23.12.2011 to the complainant regarding allotment of residential plot no.83 D measuring 356 sq yards for a total consideration of Rs.56,90,030/-. The said allotment letter also contained the description of the terms and conditions under which the said plot was allotted. On 20.01.2012, for the purpose of entering into an agreement with the opposite parties, the complainant visited the office of the opposite parties and executed agreement as envisaged in the allotment letter. Opposite parties were under obligation to immediately deliver the possession of the residential plot to the complainant. However, opposite parties did not perform their part of the obligation. Opposite party no.2 also promised to send a copy of the agreement to the complainant within a week. However, the opposite parties have not yet supplied the copy of the said agreement to the complainant. The complainant has also deposited the amount of Rs.11,51,030/- (1/4 of the remaining amount + cess charge + site plan + agreement fee) vide receipt no.50621 dated 20.01.2012.
(3.) In the month of June 2015, the complainant came to know that the land under which the scheme was carved out by the opposite parties was under serious litigation before the Hon'ble High Court of Punjab and Haryana, Chandigarh. On coming to know about the said fact, the complainant again requested the opposite parties to give the possession of the plot but the opposite party put the matter on hold on one pretext or another by saying that the matter was pending before the Hon'ble Punjab and Haryana High Court, Chandigarh therefore, the possession shall be delivered after the decision of the Hon'ble High Court. The opposite parties failed to deliver the possession of the aforesaid residential plot to the complainant despite the fact that the complainant had paid the entire amount of Rs.72,34,700/- to the opposite parties. Due to non-delivery of possession of the allotted plot, the complainant could not take further steps for getting the site plan sanctioned and to start his construction within the stipulated period of three years.;


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