O.P. SOOD, S/O SH. DHARAM CHAND SOOD, HOUSE/PLOT NO. 154, TYPE-A, SECTOR-III Vs. O.P. SOOD, S/O SH. DHARAM CHAND SOOD, HOUSE/PLOT NO. 154, TYPE-A, SECTOR-III

JUDGEMENT

(1.) IN the above titled petitions, the petitioners have claimed the following reliefs:

(2.) THE facts as well as the reliefs claimed in the present petitions are also the same. Briefly stated, the facts are that Shimla Development Authority (SDA) had announced 5th Partially Self Financing Scheme and the 6th Self Financing Scheme in the year 1989 for the construction of residential complex below Bishop Cotton School (Phase -II) and each of the petitioners were allotted house/plot in New Shimla and put in possession after paying the additional demand made by the first respondent.

(3.) ON 4.9.2010, in the final costing of Sector -III and IV, New Shimla, the first respondent included the notional interest of Rs. 5,13,36,451/ -which was neither paid by respondent No. 1 nor it was stated to have been entered in the books of accounts. As such, the Chartered Accountants of the petitioners submitted their objections for the final costing. It is alleged that without complying with the judgment passed in Kuldeep Maria's case supra, as well as specific objections raised by the Chartered Accountants of the allottees, the first respondent wrongly called upon the petitioners to deposit the additional amount. Thus, feeling aggrieved of the alleged arbitrariness of the respondents, the present petitions were filed.