LUDHIANA IMPROVEMENT TRUST AND ORS. Vs. BASANT LAL

JUDGEMENT

(1.) Petitioners/Opposite Parties have preferred this revision petition against impugned order 13.5.2014, passed by State Consumer Disputes Redressal Commission, Punjab, Chandigarh (for short, 'State Commission').

(2.) Brief facts are, that Respondent/Complainant was allotted plot No.157 measuring 200 sq. yards by Atam Nagar Co-operative House Building Society, Ludhiana(hereinafter in short to be described as 'Society') being its member vide allotment No.3175 dated 19.8.1966. The land under the plot was acquired by the Petitioners Trust which regularized plot No.157 in favour of the respondent. Respondent deposited all the installments and development charges of the plot with the petitioners and raised the construction of house within seven years after the sanction of the site plan. Respondent has also been depositing the water and sewerage charges of this plot. The electric connection is also installed in the said property/house. The respondent has not violated any rules and regulations of the Trust and also raised the construction within the stipulated period after getting the plan sanctioned. 'No Due Certificate' of this plot has also been issued to the respondent. The respondent had been approaching the petitioners for the execution and registration of the sale deed of the said plot. Petitioners issued a letter NO.49 dated 13.10.1999 for deposit of Rs.34,845/- in the account of the Trust, which was deposited by the respondent vide pay order dated 4.10.2010. On 21.3.2011, when the respondent applied for execution of sale deed since there was a scheme for execution and registration of the sale deeds at the reserve price till 30.9.2011, which was extended till 31.3.2012 but petitioners failed to perform their part of the contract of execution and registration of the sale deed of the plot in favour of the respondent, due to which he has suffered mental pain, agony and harassment. Thereafter, petitioners refused to execute the sale deed in his favour and also informed, that now the sale deed would be executed on the prevailing rate. Hence, respondent filed complaint praying for direction to petitioners to execute and register the sale deed of plot No.157, Atam Nagar, Ludhiana and to pay Rs.5 lakh to the complainant as damages due to deficiency in service, besides Rs.22,000/- as litigation costs.

(3.) Petitioners in their written statement have admitted the factum of allotment of the plot in question and deposit of amount. However, it denied that respondent has raised the construction within 7 years as alleged. Rather, respondent has failed to raise construction within the stipulated period. Thus, he is liable to deposit an amount of Rs.58,800/- as non-construction charges alongwith interest from the accrued date, which the respondent has not deposited. Respondent has filed this complaint intentionally and willfully. Further, it is stated that "No Due Certificate" was never issued by the petitioners. However it is not denied, that petitioners issued letter No.49 dated 13.10.1999 for deposit of the amount of Rs.34,845/- with the Trust and respondent deposited the said amount. Further it is submitted, that as a matter of fact the area of plot was found excess to the extent of 8.86 square yards and respondent is liable to pay the sale price of the excess area, as per terms of the allotment letter and sale agreement. Since, the respondent has not raised construction within the stipulated period thus, he is liable to pay Rs.58,800/- alongwith interest as non-construction charges and without depositing the abovesaid amount, sale deed cannot be executed. There is no deficiency in service on the part of the petitioners.