LUDHIANA IMPROVEMENT TRUST Vs. VIJAY KUMAR SHARDA

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 26/2/2021 passed by the Ld. State Consumer Disputes Redressal Commission, Punjab in Appeal No. 32 of 2021, vide which the Order of the Ld. District Forum affirmed.

(2.) The factual circumstances leading up to the present Petition are that the Complainant/Respondent was initially allotted Plot No. 77-D, measuring 156.66 sq. yds., in July 1976. Due to identified construction irregularities, the Ludhiana Improvement Trust (LIT)/Opposite Party/Petitioner required payment of compounding charges amounting to Rs.910.00, which the Complainant paid on 28/7/1983. After completing other formalities, a Sale Deed was executed in his favour on 13/11/1984. Following a decision by the Land Acquisition Tribunal in 1987, the Punjab Government resolved to charge an enhanced rate of Rs.34.00 per sq. yd. with 15% interest, resulting in an effective rate of Rs.100.00 per sq. yd., as per letter no. 1856 dtd. 10/2/1999. The Complainant subsequently paid this enhancement, totalling Rs.15,666.00, on 15/3/1999. However, when he applied for a "No Due Certificate " on 19/8/2014, the LIT demanded an additional Rs.42,959.00 under Memo No. 10790 dtd. 25/11/2014. This demand was based on a second enhancement following the decision in CWP No. 1599 by the Punjab and Haryana High Court, which raised rates by Rs.8.00 per sq. yd. for Block-B (three-fourths of Kitchlu Nagar's land). Three years after the Court's decision, the LIT passed Resolution No. 4 on 21/5/2009, setting a new rate of Rs.199.00 per sq. yd., which was publicised in December 2012, after a delay of over three years.

(3.) The Complainant filed his Complaint with the Ld. District Forum, Ludhiana, on 5/12/2014, disputing the calculation and asserting the correct rate to be Rs.64.20 per sq. yd. On 27/9/2016, the District Forum ruled in the Complainant's favour, quashing the demand notice and directing LIT to recalculate the enhancement rate in consultation with the Allottees. The Forum also awarded compensation of Rs.10,000.00 for mental harassment and Rs.5,000.00 in litigation costs. LIT challenged this decision in Appeal No. 137 before the Ld. State Commission, Punjab, which dismissed the appeal on 4/8/2017, as the LIT's Counsel could not substantiate the Rs.199.00 rate calculation.