SADGURU LAND FINANCE Vs. SANJAY KUMAR GOENKA

JUDGEMENT

(1.) THE complaint filed by the Respondent before the District Forum was disposed of vide order dated 4th October, 2007 holding the Appellant guilty of deficiency in service in raising unjustified demand of Rs. 1,54,976 and, thereafter, raising it to Rs. 3,33,576. Aggrieved by the aforesaid order, the Appellant has filed the instant appeal.

(2.) THE complainant s case before the District Forum in brief was that he had booked a plot of 100 sq. yds. with the OP @ Rs. 1,100 per sq. yds. and had paid a sum of Rs. 1,04,500 to the OP upto 30th June, 1992. 5% of the balance amount of sale consideration was to be paid at the time of demarcation of the plot. However, despite having paid 95% of the total value of the plot, the Respondent noticed that Appellant had not carried out any development work. The Respondent approached the Appellant several times but to no avail. On 3rd March, 2006, the Respondent received a notice/letter from the Appellant calling upon the Respondent to pay a total sum of Rs. 1,54,976 as the balance amount so that possession letter could be issued in favour of the Respondent. The Respondent approached the Appellant for reducing the amount but instead the Appellant sent another letter calling upon the Respondent to pay an enhanced sum of Rs. 3,33,576 instead of Rs. 1,54,976. Thus the respondent was constrained to file a complaint before the District Forum praying for appropriate directions.

(3.) THE Appellant contested the complaint. While justifying the demand, it was stated by the Appellant that the rate of land was Rs. 1,20,600 and as such the Respondent was liable to pay an amount of Rs. 13,100 as the remaining amount of cost of land. As regards the other demands raised towards the registration, maintenance and other charges it was alleged that the same were raised in accordance with the terms and conditions of the Agreement and as such there was no deficiency of service on its part.