HARBANS KAUR Vs. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Smt. Harbans Kaur w/o Sh. Surjit Singh complainant applied to the opposite parties, Punjab Urban Planning and Development Authorty through its Chief Administrator, Chandigarh on 17.12.1984 for allotment of a residental plot measuring 500 sq. yards in Urban Estate, Mohali within earnest money of Rs.10,000/- in response to an advertisement of the opposite parties, and her application was registered at Registration No.587. It has been alleged that her registration number was changed to 778 by the opposite party No.2. As per version of the complainant, she received a notice dated 1st July, 1994 from the opposite party No.2 in the month of July, 1994 by which she was informed that she being an old applicant, the erstwhile Punjab Housing Development Board had decided to give her a last chance to become eligible for preferential allotment in the proposed new Sectors 67, 68 and 69 and she was asked to give her option for allotment of plot at the revised price and to deposit additional amount by way of earnest money to complete 10% earnest money @ Rs.1,200/- per sq. yard and also to furnish a fresh affidavit. The complainant in response to the aforesaid notice dated 1.7.1994 sent her option to the opposite party No.2 on 20.7.1994 within the stipulated period along with her fresh affidavit, She also informed the opposite party No.2 that she had already sent Draft No. EL- 492548 dated 6.5.1994 for Rs.50,000/- on 23.5.1994. Thus the complainant completed all the formalities for the allotment of plot as required by the opposite parties and the opposite parties never pointed out any deficiency in completion of formalities till the draw was held on 1.8.1995.

(2.) As per narration of the complainant, a draw for the allotment of plot numbers to the old eligible applicants who had completed the formalities and deposited 10% earnest money @ Rs.1,200/- per sq. yard upto 29.7.1994 was held on 1.8.1995. The complainant was successful for the allotment of plot No.3012, Sector 69, Mohali measuring 500 sq. yards. After the draw was held on 1.8.1995, the opposite party No.2 adopted the policy of pick and choose in the matter of issuing allotment letters to a number of successful applicants in respect of their plots at the rate of Rs.1,400/- per sq. yard but did not issue the allotment letter to the complainant in respect of her plot without any justification although she had completed all the formalities for allotment and was successful in the draw. The complainant asserted that about 10 months after the draw, opposite party No.2 vide letter dated 15.5.1994 asked the complainant to furnish the affidavits and also to attend his office on any working day, while such documents in other cases were demanded in the allotment letters. The complainant attended the office of opposite party No.2 on 14.6.1996 and submitted the copy of her Ration Card, Thumb Impression attested by the Magistrate and an affidavit along with photograph, but no allotment letter was issued even thereafter. The complainant visited the office of opposite party No.2 a number of times to enquire about allotment letter but nothing happened till March, 1997. In the month of March, 1997, the allotment letter of plot No.3012, Sector 69, Mohali for which the complainant was successful in the draw held on 1.8.1995 was issued to her by the opposite party No.2 vide No.57 dated 26.3.1997 but the price of the plot was changed to Rs.1,800/- instead of Rs.1,400/- per sq. yard the price prevalent at the time of draw. There was no decision to charge the price at the enhanced rate of Rs.1,800/- per sq. yard the applicants who were successful in the draw held on 1.8.1995. Since the delay in issuing the allotment letter to the complainant had occurred due to negligence on the part of the opposite parties, as such they cannot charge higher price from the complainant.

(3.) As per Clause 3 of the allotment letter dated 26.3.1997 the complainant was asked to send her acceptance along with an amount of Rs.1,65,000/- within 30 days to complete 25% of the price of the plot @ Rs.1,800/- per sq. yard. According to Clause 4 of the said allotment letter in case of failure of the complainant to convey her refusal within 30 days, the allotment was to stand cancelled and the earnest money deposited would be forfeited. Although the complainant was entitled to allotment at the rate of Rs.1,400/- per sq. yard and was not liable to pay the price at the enhanced rate of Rs.1,800/- per sq. yard, yet in order to avoid cancellation of allotment, she deposited the amount of Rs.1,65,000/- as per condition of allotment under compulsion and coercion. Again vide letter dated 11.4.1997, the opposite party informed the complainant that according to the decision of PUDA the price of the plot has been enhanced and that the price of the plot allotted to the complainant would be Rs.3,600/- per sq. yard. The complainant was asked to deposit an amount of Rs.2,25,000/- more within 30 days to complete 25% price of the plot, which is illegal, arbitrary and violative of the conditions of allotment. The condition No.-2 of the allotment letter issued to the complainant reads as under : "the tentative price of the plot is Rs.9,00,000/- calculated @ Rs.1,800/- per sq. yard. The above price is tentative and subject to variation with reference to the actual measurement of the site as well as in case of enhancement of compensation by the Courts or otherwise. You will be liable to pay the additional price of the plot, if any, determined by the Authority within 30 days of the date of demand in lump-sum. In case of default you shall be liable to pay interest @ 18% per annum in addition to any other action which the Authority may take. "