MATA PRASAD VERMA Vs. ASHOK AGGARWAL

JUDGEMENT

(1.) These revision petitions arise out of the common order; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 9.7.2013 passed by learned State Commission in Appeal No. 1092/2009 Mata Prasad Verma Vs. Ashok Aggarwal by which, while dismissing appeal, order of District Forum allowing complaint was affirmed.

(3.) Brief facts of the case are that complainant/respondent purchased Plot No. 16, measuring 2450 sq. ft. from OP/respondent. As per site plan, there should have been gali in the East, 35 ft. road in south side and park of 40 x 50 ft. was to be provided surrounded by 20 ft. road. There was also temple in front of Plot No. 6 & 7. OP time to time changed maps and cheated complainant. Now, OP wants to sell Plot No. 17 and wants to close down doors and windows of south side of complainant's plot. Alleging deficiency on the part of OP, complainant filed two complaints before District Forum. OP resisted complaint, but submitted that amendment in the map was done so that there may not be any dispute between the purchasers. It was further submitted that intimation regarding change was given to complainant and other persons. It was denied that complainant's plot no. 16 was open from three sides and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaints and directed OP to provide 12 ft. way towards complainant's south side of plot and further allowed compensation of Rs.7500/- on account of non-availability of land in east side and Rs.5,000/- for mental agony and Rs.3,000/- as litigation cost. Appeals filed by the complainant were dismissed by learned State Commission vide impugned order against which, these revision petitions have been filed.