USHA INDIA LTD Vs. KAJAL BHATTACHARYA

JUDGEMENT

(1.) Learned counsel for the parties present. Arguments heard.

(2.) Smt. Kajal Bhattacharya, proprietor of M/s Elametics, a proprietorship firm, was offered shop/premises by the opposite parties/petitioners-M/s Usha India Ltd. and Shri Jarnal Singh, General Manager, M/s Usha India Ltd., opposite parties 1 and 2, respectively, in the year 1992. Allotment letter was given to the complainant on 12.3.1994. As per the allotment letter, the petitioners/opposite parties demanded Rs.6,48,200/-. The complainant paid Rs.4,60,227/- till June, 1999. The allegation of the complainant is that the possession has not been delivered to him for the last 13 years.

(3.) Both the fora below have decided the case in favour of the complainant. The opposite parties were directed to deliver the possession of shop/premises and to execute the agreement in favour of the purchaser. The fora below awarded Rs.18,000/- for mental agony and Rs.2,000/- as cost of litigation. The complainant was directed to pay the residue amount at the time of delivery of shop/premises.