U T CHANDIGARH ADMINISTRATION Vs. AMARJEET SINGH

JUDGEMENT

(1.) Leave granted in the special leave petitions. These appeals are filed by Union Territory of Chandigarh (for short "UT Chandigarh'). C.A. Nos.1994 of 2006 and 1995 of 2006 are filed against a common order dated 21.2.2005 passed by the National Consumer Disputes Redressal Commission ("National Commission" for short). Other appeals are filed against the common order dated 21.2.2007 passed by the National Commission following the earlier order dated 21.2.2005. By these orders, the lease premium instalments have been rescheduled and certain reliefs have been granted in regard to interest, to the lessees - respondents (who had secured leasehold interest in sites belonging to UT Chandigarh in public auctions held by it). (FACTS OF THE CASE)

(2.) As the facts are similar, we will refer to the facts of only one case (CA No. 1994/ 2006 arising from FA No.499/2003 on the file of the National Commission). The Estate Officer, Union Territory Chandigarh Administration issued an advertisement notifying the auction of 74 residential sites and 71 commercial sites in different sectors of Chandigarh, on leasehold basis subject to the General Terms and Conditions regarding auction. The relevant terms were .-

(3.) Respondents 1 to 4 were the successful bidders in regard to plot No. 173 in Sector No.39C & D at the auction held on 18.12.1996. The lease premium bid offered by them was Rs.20,45,000. The acceptance of the bid cum confirmation of the lease of the plot was communicated to respondents 1 to 4 by letter dated 19.5.1997 (for short 'letter of allotment') enclosing therewith a letter offering possession of the leased site. The said letter of allotment acknowledged the receipt of Rs.511,250 towards 25% of the premium and permitted the respondents to pay the balance 75% of the premium with 10% interest thereon in 3 equated instalments of Rs.6,16,736/-on 18.12.1997, 18.12.1998 and 18.12.1999. It also required the respondents to pay annual ground rent of Rs.51125/- during the first 33 years of lease. The letter of allotment set out and reiterated the terms and conditions of lease and required the respondents to enter into a lease deed within six months and take possession of the site before the lease deed is executed.