MALIBU ESTATES PVT LTD Vs. ASHUTOSH AHLUWALIA

JUDGEMENT

(1.) Short question arising for determination in this appeal directed against impugned order dated 7.9.1982 passed by the District Forum is whether the appellant was entitled to cancel the allotment of a plot allotted to the respondent on the ground that the respondent declined to pay the preferential location charges. Vide impugned order the appellant was ordered to pay Rs.10,000/- to the respondent as compensation for having cancelled the allotment of a plot on non-payment of preferential location charges and also Rs.5,000/- towards cost of litigation.

(2.) Perusal of the impugned order shows that there was no such clause in the allotment letter or in the advertisement for sale of the plots by the appellant company that if the respondent is interested in preferential location he has to shell out extra charges. We find no infirmity with the observations of the District Forum that the appellant was not entitled to claim any preferential location charges from the respondent nor had the right to cancel the allotment of the plot.

(3.) Since the appellant is now ready to allot the plot in question to the respondent without charging preferential location charges as well as maintenance charges and so far as the extra development charges are concerned, there is no dispute as the respondent is liable to pay these charges, the appeal is allowed to the extent that appellant now shall allot the plot to the respondent without charging preferential location charges as well as maintenance charges within one month subject to verification by the parties as to the quantum of deposited amount as well as extra development charges and any outstanding amount towards the price of the plot. Appeal partly allowed.