RAJAN GUPTA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) SHRI Rajan Gupta and Miss Kajal Gupta have filed the present writ petition against the respondents under Articles 226/227 of the Constitution of India and it has been prayed by the petitioners that directions in the nature of mandamus to refund a sum of Rs. 1765064/- along with interest at the rate of 24 per cent, be given to the respondents. Further it has been prayed by the petitioners that respondents be restrained from charging ground rent lease money and interest on the amount as they failed to perform their statutory duties in not delivering the possession in time to the petitioners.

(2.) THE case set up by the petitioners is that Chandigarh Administration auctioned the residential Plot No. 1057 situated in Sector 21-B, Chandigarh in an open auction on 19.11.1997. The petitioners were successful in their bid for the purchase of the said plot of an area measuring 249.375 sq. yards for Rs. 32 lacs and also paid Rs. 8 lacs being 25% of the sale consideration immediately at the fall of the hammer.

(3.) THE notice of the writ petition was given to the respondents. They filed reply and denied the allegations. A preliminary objection was taken that the petitioners had already approached the Consumer Disputes Redressal Commisison for the redressal of their grievances and for claiming the same relief the said complaint is still pending for adjudication and as such this writ petition is liable to be dismissed because two remedies cannot be availed of by the petitioners. It was also pleaded by the respondents that no cause of action has arisen to the petitioners for filing the present writ petition. The petitioners are liable to make payment of the actual dues in accordance with the terms of allotment and the relevant rules.