PUNJAB URBAN PLANNING AND DEVELOPMENT Vs. PREM LAL

JUDGEMENT

(1.) This appeal has been filed by the appellant No.1, Punjab Urban Planning and Development Authority (PUDA) through its Estate Officer, Ludhiana and appellant No.2 Punjab Urban Planning and Development Authority through its Chief Administrator against the order dated 11.9.2001 in Complaint Case No.376/95/apl.98 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-I ). The factual matrix narrated briefly is as under :

(2.) The respondent/complainant, Mr. Prem Lal, resident of SCF 56, Sector 29-D, Chandigarh applied in the year 1983 for 8 Marla residential plot in Sector 32-A, Samrala Road, Ludhiana, Punjab and deposited an amount of Rs.1,700/- by a demand draft. The same stands acknowledged by appellants/o. Ps. and a copy of the receipt issued has been brought on record vide Annexure C-1. Further an amount of Rs.2,300/- towards the enhanced amount of the plot was sent by the respondent/complainant on 9.9.1983 (Annexure C-2 ). As per averments made by the respondent/complainant, inter alia, the appellants/o. Ps. on 6.1.1992 issued a Circular (Annexure C-3) vide which the appellants/o. P. informed the respondent/complainant that the price of @ 1200/- per sq. yd. was fixed for all the plots and draw of lots will be taken. Besides giving the details of proposed development of the area, it was mentioned that with effect from February 1, 1992 all the applicants will be paid interest on their earnest money @ 10% till the allotment is made or applicant seeks the refund of earnest money himself. The respondent/complainant exercised his option for the allotment of the plot and same was communicated to appellants/o. Ps. vide letter dated 22.1.1992 (Annexure C-4 ). The grievance of the respondent/complainant is that till date neither his earnest money amounting to Rs.4,000/- has been refunded nor any plot has been allotted till date. Copies of reminders dated 29.3.1994 (Annexure C-5) and 29.4.1994 (Annexure C-6) and copy of complaint in Tribune's column (Annexure C-7) has been placed on record. The respondent/complainant has further averred that he was not aware of the status of his plot as appellants/o. Ps. have not responded even once to his numerous reminders. The respondent/complainant has alleged that he suffered mental tension due to above and has prayed to be compensated for Rs.10,000/- towards the same. The respondent/complainant has also prayed that appellants/o. Ps. be directed to allot the plot immediately and the O. Ps. be burdened with costs.

(3.) The appellants/o. Ps. in their reply dated nil (filed on 18.9.1995 as per the record of District Forum-I) took the preliminary objection of the complaint being time-barred as the earnest money was deposited in 1983. Further the O. Ps. have averred that on mere application or registration for the plot, no right as a consumer as envisaged under the C. P. Act has accrued to the complainant before the actual allotment, hence the complaint is liable to be dismissed on this ground itself. Further the O. Ps. have taken the plea of lack of territorial jurisdiction as the plot in dispute pertains to Ludhiana and consequently only the Forum at Ludhiana have the jurisdiction to entertain the complaint and Forum at Chandigarh cannot proceed with the complaint.