LUDHIANA IMPROVEMENT TRUST & ANR Vs. SANJAY KHOSLA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The Ludhiana Improvement Trust-OP No.1 and Chairman/Executive Officer-OP No.2 invited applications for allotment by way of a public draw of 108 HIG Group Flats and 54 HIG Flats (Super) on self-financing and partially self-financing basis in Rajiv Enclave in SBS Nagar, Ludhiana from 27-01-2005 to 28-02-2005. The petitioner was allotted flat No.307-C. The complainant was to deposit the total amount of Rs.14,90,000/- in installments. In case of default, he was to pay the penal interest. The complainant deposited a sum of Rs.8,79,850/- as per the schedule. The sale agreement was also executed on 01-09-2005. Thereafter, the further installments were not accepted. It transpired that for some of the area, the Civil Court has granted stay against OPs. They were debarred from constructing those houses. The OPs are not sure when the house will be given to the complainant. It is well known that the court proceedings entail considerable time. It cannot be said with surety whether the complainant would get the house during his life time or not.

(3.) Both the fora below did not accept the request of the complainant that he should be given an alternative flat because some flats were already allotted. The District Forum passed the following order: