CHANDIGARH ADMINISTRATION Vs. R S ESTATES PVT LTD

JUDGEMENT

(1.) BRIEFLY stated the facts are that Chandigarh Administration put up certain sites for sale by way of open auction situated in Sector 40 -D, Chandigarh, on 16.12.2002. SCO site No. 314, Sector 40 -D, Chandigarh was purchased by Ramesh Kumar Chawla, his wife Smt. Sunita Chawla and his father Sh. Sant Lal Chawla, for a sum of Rs. 51,40,000. They deposited Rs. 12,85,000 being 25% of the cost of site with the Estate Officer and allotment letter dated 31.3.2003 was issued in their favour containing the terms and conditions.

(2.) SH . Ramesh Kumar Chawla purchased another SCO Site through open auction on 16.12.2002 bearing No. 315, Sector 40 -D, Chandigarh for Rs. 51,80,000 and deposited Rs. 12,95,000 being 25% of the cost of site with the Estate Officer and allotment letter dated 31.3.2003 was issued containing terms and conditions of the allotment. The said SCO site was purchased in favour of M/s. R.S. Estates Pvt. Ltd. H.No. 3536, Sector 38 -D, Chandigarh.

(3.) IN both cases the balance amount was to be paid in three equated instalments. The possession of both sites was taken and after getting the site plans sanctioned, construction was raised. The occupation certificate was issued on 17.10.2003 in case of R.S. Estates Pvt. Ltd. The copy of the same is Annexure C -2. While occupation certificate in case of Ramesh Kumar Chawla, etc. was issued on 20.10.2003 and the copy of the same is Annexure C -2. However, appellants (opposite parties in complaint) did not provide approach road and parking facility in spite of repeated requests.