PUDA Vs. JONES MASIH BHATTI

JUDGEMENT

(1.) THIS judgment of ours will dispose of Appeal Nos. 208, 209 and 210 of 2001, which have been filed by Punjab Urban Planning & Development Authority ( in short "PUDA") against different but similar judgment of the District Forum by which the complaints of the complainants were disposed of in certain terms to which reference will be made hereinafter. For sake of convenience, facts are being taken from Appeal No. 210 of 2001.

(2.) COMPLAINANT , Jones Masih Bhatti, had filed a complaint before the District Forum with the allegation that he had been allotted a plot No. 1035, Sector 69, SAS Nagar, Mohali measuring 400 sq. yards by PUDA vide allotment letter dated 29th of September 1995. The price at which the allotment was made was Rs. 1,400 per sq. yard. It was alleged that the PUDA was to give developed plot but the plot had not been developed as the Sector in which the plot was situated was still being developed. As per the allotment letter, certain sum was to be paid within 30 days in case of acceptance of the allotment to make it 25% of the total tentative price. Condition No. 3 of the allotment letter reads as under: "3. In case you accept this allotment, please send acceptance by registered post along with an amount of Rs. 92,000 within 30 days from the date of issue of this allotment letter which together with an amount of Rs. 48,000 paid by you along with your application form as earnest money will constitute 25% of the total tentative price."

(3.) THE balance amount was payable in six yearly instalments with 10% per annum interest as under: No. of Instalment Due Date Amount of Instalment Interest Total Amount Payable Ist 29.9.1996 70,000 42,000 1,12,000 2nd 29.9.1997 70,000 35,000 1,05,000 3rd 29.9.1998 70,000 28,000 98,000 4th 29.9.1999 70,000 21,000 91,000 5th 29.9.2000 70,000 14,000 84,000 6th 29.9.2001 70,000 7,000 77,000 Total 4,20,000 1,47,000 5,67,000