GAGANDEEP SAREEN Vs. IMPROVEMENT TRUST

JUDGEMENT

(1.) JAGATPAL Sareen had purchased built -up House No. 60 -C situated in Ranjit Avenue, Ropar from the respondents in the draw of lots held on 25.2.2000 for an amount of Rs. 6,38,000. He had made the payment of Rs. 58,000 at the spot and the remaining amount was paid in instalments. Said Jagatpal Sareen expired on 9.9.2002 leaving behind Gagandeep Sareen and Bharatdeep Sareen - appellants as his only legal heirs. The wife of Jagatpal Sareen had pre -deceased him. After the death of Jagatpal Sareen, the last instalment of Rs. 60,464 was deposited by the appellants. The appellants requested the respondents to transfer House No. 60 -C situated in Ranjit Avenue, Ropar in their name as legal heirs of Jagatpal Sareen.

(2.) IT was further pleaded that the respondents vide their letter dated 2.9.2003 demanded an amount of Rs. 31,900 from the appellants as transfer fee. The appellants requested respondents not to recover this amount as they are claiming the transfer of the house in their name as the legal heirs of their father Jagatpal Sareen. The appellants received another letter dated 22.12.2003 in which the demand of Rs. 31,900 was repeated. The respondent also claimed interest @ 18% per annum whereas they were entitled to recover interest @ 12% per annum.

(3.) IT was also pleaded that house in question was not constructed as per the specifications and sub -standard material was used. As a result the appellants had spent an amount of Rs. 1 lac to make the house livable, Therefore, pleading deficiency on the part of the respondents, the appellants filed the complaint in the learned District Consumer Disputed Redressal Forum, Ropar (in short the District Forum ) for challenging the transfer fee, charging of higher rate of interest and for compensation for using sub -standard material in the construction of the house, interest and costs.