ABDUL RASHID VAID Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Complainant approached the O. P. for allotment of a shop site in the Fruit Market Complex Narwal, Jammu in response to the advertisement made by the O. P. The complainant was allotted a shop site on 4th of August, 1994 as the complainant was advised by the O. P. to deposit the premium of Rs.71,111/- in two instalments and O. P. communicated the terms and conditions to the complainant such as production of State Subject Certificate, receipt of premium and other documents enabling the O. P. to get a lease deed executed and possession delivered, after the execution and registration of the lease deed. The complainant alleged in the complaint lodged before us that despite his deposit of the full premium of Rs.71,111/- in two instalments dated 28.9.1994, 23.6.1995 the O. P. despite his request did not execute the lease deed in itself nor handed over the possession of the shop site allotted to him and the complainant seeks the relief of a direction to the O. P. to register the Lease Deed, handover the possession to him and for compensation and litigation expenses.

(2.) Notice of the complaint was served upon the O. P. to appear and file the version of its case but as the O. P. did not choose to cause his appearance and file version of its claim the O. P. was set ex parte vide this Commission order dated 6.5.2002 and the complainant was asked to lead evidence. The complainant led his ex parte evidence and placed on record a photo-copy of the allotment order containing terms and conditions. Photo-copy of the purchase of payment of premium.

(3.) After the close of the ex parte evidence of the complainant today when the case was taken up for the ex parte evidence from A. G. Sheikh, Counsel Advocate have caused his appearance to participate in the argument.