LACHHA RAM CHOWDHARY Vs. VATIKA TOWNSHIP PRIVATE LIMITED

JUDGEMENT

(1.) This Complaint came to be filed with its presentation before the Registry of this Commission on 6/9/1999 that was later on registered as a Consumer Complaint No. 176 of 2000. The mentioning of these dates is relevant for the purpose of deciding the prime issue of limitation that has to be dealt with in this Complaint.

(2.) The dispute is with regard to the services to be rendered under a contract for the plantation of 1300 eucalyptus trees along with sale of 1 acre land, for which a total consideration of Rs.95,000.00 was agreed upon out of which Rs.35,000.00 was the cost of 1 acre land and Rs.60,000.00 towards development and maintenance of the eucalyptus trees that were to be planted within a span of 7 years under the purchase agreement dtd. 12/11/1988. The agreement provided that the Complainant would acquire Plot No.-C - 71 having area of 1 acre and in order to facilitate the plantations a lease would be executed in favour of the developer to carry out the plantations over the land except the area to be occupied by a dwelling unit. The lease had to be registered and executed in favour of the vendor simultaneously with the sale deed.

(3.) The Complainant came up with a grievance that the 7 years period was over by February 1995 but the Opposite Party neither delivered the usufruct of the eucalyptus trees nor the cost thereof as agreed upon hence the relief prayed for was to compensate the deficiency in services by awarding Rs.20,00,000.00 being the cost of 800 eucalyptus trees at the rate of Rs.2500.00 per tree as in February, 1995 and compound interest of 18% was also prayed for therein.