LAWS(NCD)-2004-7-252

MEHAR KAUR Vs. STATE OF PUNJAB

Decided On July 05, 2004
MEHAR KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) feeling aggrieved against judgment and order dated 8.3.2004 of District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] passed in Complaint Case No.628/99, the complainants have filed this appeal. At the time of motion hearing, the learned Counsel for the appellants contended that the District Forum awarded a sum of Rs.15,000/- as compensation in lumpsum besides costs of litigation of Rs.1,100/-, which is grossly inadequate.

(2.) The appellants had claimed compensation of a sum of Rs.1 lac for mental and physical torture besides the relief of issuance of a direction for mutation of the house/plot No.721, Phase IV, Mohali in the name of late S. Harnek Singh and in pursuance of the conveyance deed dated 17.3.1987 executed by sub-general power of attorney Sh. Ajay Kumar in favour of late S. Harnek Singh and thereafter issuance of a direction to transfer the said house/plot in the name of the complainants who are the legal heirs of late S. Harnek Singh, in pursuance of the legal heir certificate and affidavit submitted/executed by sub-general power of attorney to O. P. No.4 namely the Estate Officer, Urban Estate, Phase-I, Mohali. The O. Ps. arrayed in the complaint were the State of Punjab through its Secretary, Urban Development Department, Chandigarh; The Director, Punjab Urban Planning and Development Authority, SCO No.63-64, Sector 17, Chandigarh; The Chief Administrator, Punjab Urban Planning and Development Authority, SCO No.63-64, Sector 17, Chandigarh and the Estate Officer, Urban Estate, Phase-I, Mohali.

(3.) The District Forum after referring to the evidence led by the parties referred to letter dated 31.8.1987 issued by the Estate Officer, which reads, inter alia, as under: "in the meeting held on 22.7.1987 under the Chairmanship of Secretary to Govt. Punjab, Department of Housing and Urban Development, it has been decided that the plot allotted after payment must be transferred in the name of the allottee and not in the name of third party because it is only after getting the ownership in his name that allottee could sell it or pass on the right to another person. "