RAM MURTHI LAMBA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS appeal has been directed by the complainant against order dated 28.4.2005 passed by the District Consumer Disputes Redressal Forum -I, U.T. Chandigarh, whereby his complaint was dismissed as there was no deficiency in service on the part of the respondents.

(2.) BRIEFLY stated the facts are that the complainant (appellant) had purchased plot No. 34 (double storey booth), Sector - 14, Karnal (Haryana) in public auction for Rs. 81,800, held in the year 1986. 10% of the price was paid on the fall of hammer while remaining 15% of the price i.e. Rs. 12,270 was deposited on 13.5.1986, so as to make it 25% of the auction money. The balance amount was paid by instalments, as detailed in the allotment letter dated 15.4.1986, whose copy is Annexure P -1. It was next averred that according to terms and conditions of the allotment letter, the respondents were required to deliver possession of developed plot to the appellant, but they issued a fake letter for taking possession of the said plot, although the plot was not available at the spot and the copy of the said letter dated 15.4.1986 is Annexure P -2.

(3.) IT was further averred that in pursuance of the said letter dated 15.4.1986, he approached respondent No. 3 (the Estate Officer) personally many times for delivery of the possession and gave in writing on 13.5.1986 and 30.5.1986, whose copies are Annexures P -3 and P -4 respectively, but the possession was not delivered as the same was not ready. He, even wrote letter dated 20.1.1988 from Jallandhar and requested the respondents for delivery of the possession but no reply was received. Copy of the letter dated 20.1.1988 is Annexure P -5 and receipt dated 20.1.1988 is annexure P -6.