SHASHI BALA MITTAL Vs. KEWAL KRISHAN MITTAL

JUDGEMENT

(1.) Opposite party No.2 advertised sale of commercial plots by way of auction in Zirakpur, Dist. Ajitgarh. The auction was to be held on 29.4.2013. The complainants submitted a bid for allotment of a plot, depositing a sum of Rs.6,40,000/- as earnest money on 26.4.2013. The demand letter was issued to the complainants on 3.5.2013 asking them to deposit a sum of Rs.1106721/-. The said amount was deposited by the complainants on 6.5.2013. An allotment letter dated 7.6.2013 was then issued to the complainants. They made a total payment of Rs.4493444/- to OP-2 followed by further payment of Rs.746720/- on 19.8.2013. An amount of Rs.164286/- was demanded from them towards interest, without offering possession of the plot to them. The complainant claim to have deposited that amount under duress, on account of threat to forfeit the plot allotted to them. The complainants wrote several letters to OP-2 requesting for providing infrastructural facilities in the area. Their case is that even the basic infrastructural faculties were not provided by the aforesaid opposite party and a possession letter dated 31.3.2016 was issued to them. The possession letter was issued in the sole name of the complainant -Shashi Bala Mittal though the plot according to the complainants was purchased jointly by both of them. Since physical possession of the plot which the complainants had booked for the purpose of earning their livelihood, with basic infrastructural facilities was not delivered to them, the complainants have approached this Commission seeking the following reliefs:-

(2.) The complainant has been opposed by OP-2, which has admitted the allotment made to the complainants as well as the payment received from them. It is stated in the written version that on receiving the letters dated 15.9.2017 and 12.10.2017 from the complainants, the matter was processed and the letter dated 26.12.2017 was issued to the complainant as well as other successful bidders to get the sale deed executed. Therefore, directions were given by OP-2 to its Engineering Branch on 28.12.2017 to deliver physical possession of the plot and doing the needful, but the complainants did not come forward to get the sale deed executed. It is also stated in the written version that the plans for the construction have already been approved by them.

(3.) A perusal of the advertisement issued by OP-2 for auctioning the plot would show that the possession of the plot was to be delivered on payment of 25% of the bid amount. The possession came to be offered to them only on 31.3.2016.