JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 8.5.2007 (P-5), declining the request of the petitioner for condonation of delay in depositing the dues in respect of Plot No. 511SF, Shaheed Sewa Singh Thikriwala Nagar Development Scheme, Rajpura Road, Patiala. A further prayer has been made for directing the respondents to accept the remaining instalments of the aforementioned house and to hand over physical possession of the same.

(2.) BRIEF facts of the case are that the petitioner was allotted LIG Flat No. 511 (Second Floor) in Shaheed Sewa Singh Thikriwala Nagar Development Scheme, Rajpura Road, Patiala, by the Improvement Trust, Patiala, vide demand-cum- allotment letter dated 7.7.2006 (P-1). At the time of submitting the application, the petitioner had already deposited a sum of Rs. 47,000/- as earnest money being 10% tentative cost. The petitioner was required to pay Rs. 80,200/- within 30 days of allotment and the balance 75% amount i.e. a sum of Rs. 3,22,500/- was required to be paid in 10 instalments as per the details given in the schedule attached with the letter of allotment starting from 5.10.2006 to 5.4.2011. Interest at the rate of 12% was payable on the outstanding instalments after the date of offer for possession of flat. It has further been stipulated in the allotment letter that in case of failure of payment of instalment on due date, interest on the due amount was to be charged as under :-

(3.) THE petitioner has claimed that since he was unwell and his brother-in-law (sister's husband), namely, Shri Bhagat Singh was seriously ill and admitted in the Rajindra Hospital, Patiala, therefore he could not deposit 15% cost of Rs. 80,200/- within the stipulated period of 30 days. However, the petitioner deposited a sum of Rs. 83,350/- instead of Rs. 80,200/- on 10.10.2006, which includes Rs. 3,150/- towards interest and penalty. In this manner, a delay of three months and three day has occurred in payment of 15% amount. In token of aforementioned payment a receipt No. 31740, dated 10.10.2006, was issued to the petitioner (P-2). Thereafter, on 24.11.2006 the petitioner deposited a sum of Rs. 33,133/- towards first instalment and interest @ 18%, which was actually payable upto 5.10.2006 (P-3). The second instalment which was due on 5.4.2007. It is claimed that when the petitioner went to deposit the said instalment in the month of April, 2007 alongwith Demand Draft No. 894786, dated 22.3.2007, amounting to Rs. 32,250/-, he was told that the payment of 15% cost made by him earlier, was not accepted because the same was not deposited in time. Though the aforementioned demand draft was taken from the petitioner but no receipt of the same was issued. Faced with this situation, the petitioner made a detailed representation dated 3.4.2007 and requested for acceptance of the amount paid by him (P-4). However, the request of the petitioner has been declined vide order dated 8.5.2007, which is subject matter of challenge in the instant petition. After passing of the impugned order the petitioner also sent a legal notice dated 23.5.2007 (P-6). The respondents instead of replying the legal notice, sent a communication dated 31.5.2007 and again intimated that his request has been rejected. He was asked to produce the original receipt dated 10.10.2006 and 24.11.2006 so that Rs. 1,16,480/- could be reimbursed to him. The draft dated 22.3.2007, for a sum of Rs. 32,250/- was also returned to him (P-7).