BHUPINDER NAGPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) FEELING aggrieved against the order dated 12.10.2004 passed by the District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 16 of 2003, the complainant Shri Bhupinder Nagpal has filed this appeal impleading Union of India through Advisor to the Administrator, Chandigarh Administration, U.T., Secretariat, Sector 9, Chandigarh and Estate Officer, Estate Office, Sector 17, Chandigarh as respondents. These respondents were arrayed as O.Ps. in the complaint case.

(2.) THE appellant participated in an auction of commercial site conducted on 16.12.2002 and was successful in respect of booth site No. 269, Sector 37 -D, Chandigarh for a total auction/sale/price/premium of Rs. 15,10,000/ - and deposited 10% of the said amount at the spot. The remaining 15% was deposited within stipulated period making the total deposit to 25% amounting to Rs. 3,77,500/ -. A letter of allotment (Annexure C -1) was issued by the Estate Officer. The balance 75% of the sale price was to be paid in three equal instalments each of Rs. 4,55,000/ - inclusive of interest @ 10% per annum and these were to be paid by 10.1.2004, 10.1.2005 and 10.1.2006 respectively. The Clause 5 of letter of allotment provided that in case the instalment was not paid on due date, interest @ 24% per annum or at such rate, which may be enhanced by the Chandigarh Administration from time to time shall be payable from the due date of payment till the instalment is actually paid. The possession of the said booth site No. 269, Sectors 37 -C and D, Chandigarh was handed over to the complainant on 21.4.2003 through Executive Engineer, C.P. Division No. 2, Chandigarh vide Annexure C -2. It was alleged in the complaint that the possession of the booth site was to be delivered to the complainant after completing all development and other works in the area and after providing the basic amenities and facilities to the said site including proper approach parking, street lights, provisions of rain -water drainage system etc.

(3.) THE grievance of the appellant was that these amenities and facilities were not provided to him. The complainant somehow managed to raise construction of building on the booth site as per the sanction plan, Architectural Control and zoning of the area. The site still remained undeveloped and Malba has been dumped around the site. It was alleged that the respondents were pressing for the recovery of balance of the sale price with interest @ 24% per annum on account of non -payment of instalment. With these allegations, the complainant prayed for the relief regarding the date of provision of basic amenities/facilites to be held to be the date of auction of booth site No. 269, Sectors 37 -C and D, Chandigarh and the O.Ps. be held entitled to recover the balance 75% of the premium and the 10% interest thereon through annual instalments only from the date of provisions of the basic amenities. The complainant also sought interest @ 24% per annum on the 25% premium deposited already with the respondents till the basic amenities and facilities were provided. A sum of Rs. 50,000/ - was claimed as compensation/damages, torture, suffering and loss of business, harassment and costs of litigation.