GULSHAN LAL BHATIA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Shri Gulshan Lal Bhatia, Shri Sanjeev Bhatia and Shri Chandan Bhatia, the complainants applied for a 2 kanal plot bearing No.181 Sector-18, Chandigarh and deposited 10% of the bid amount and the balance 15% of the amount was deposited amounting to Rs.19,25,000/- but they failed to get that plot because it came out to be 1 kanal plot. The complainants have prayed that there is a deficiency in service for not allotting 2 kanals plot as advertised in the press and as per the bid made by the complainant. The complainants have prayed for the grant 24% interest on the amount deposited with the respondent- Chandigarh Administration, Chandigarh and grant of compensation of Rs.5 lacs for financial and consequent mental harassment due to gross negligence and deficiency in service on the part of the respondents.

(2.) Briefly the complainant in response to the advertisement in "the Tribune" dated 5.11.1997, 9.11.1997 and 16.11.1997 applied for 2 kanal plot bearing No.181, Sector 18-A, Chandigarh in an auction, which was held on 19.11.1997. At the time of the bid the complainants were declared the highest bidder by the respondents. They deposited 10% of the bid amount and balance 15% of amount opted for instalment payment, thus they paid 25% premium to the respondents which amounted to Rs.19,25,000/- and waited for issuance of allotment letter. The respondents issued allotment letter bearing No.4277/bpl-1996 8/g-7 dated 13.2.1998 (Annexure C-2 ). They were shocked to note that the area of the plot in the allotment letter had been mentioned as 500.50 sq. yards (1 kanal) instead of 1000 sq. yards (2 kanals) area as advertised and auctioned by the respondents.

(3.) The complainants immediately wrote a letter dated 7.4.1998 (Annexure C-3) and requested for suitable amendment in the column of the area of the plot and they also informed the respondent that they will not pay the ground rent and interest etc. till necessary change is made.