PREET MOHINDER PAL SINGH Vs. HUDA

JUDGEMENT

(1.) PETITIONER /Complainant in the year 2001,purchased two plots bearing sites no.2 and 3 in Sector -1, Ambala City, in an auction conducted by Respondent/Opposite Party, for sum of Rs.9 Lac each. Petitioner made entire payment of the aforesaid plots in the year 2003/2005. Since, petitioner wanted to raise construction over the sites in question, he deposited sum of Rs.2,000/ - each, on account of Malba security, vide receipt nos.161 and 162 dated 11.02.2005. On 30.05.2005, petitioner wrote to the respondent for demarcation of the aforesaid plots. Consequently, J.E. of respondent went for demarcation. But to the utter surprise of the petitioner, the allotted plots were not existence at the site. Therefore, physical possession of the plots could not be delivered to the petitioner by the respondent. This amounts to gross deficiency of service on the part of the respondent. Thereafter, legal notice was sent on behalf of the petitioner. The respondent vide its letter dated 6.6.2005, directed the petitioner to pay enhanced cost of the plots and fee for raising construction. Hence, petitioner filed Consumer Complaints (No.354 and 359 of 2005) before the District Consumer Disputes Redressal Forum, Ambala(for short, 'District Forum').

(2.) RESPONDENT in its written statement has taken a legal objection, that petitioner is not 'Consumer' as per, the Consumer Protection Act, 1986(for short 'Act'), as sites in question are commercial one and had been purchased for commercial purposes.

(3.) ON merits case of respondent is, that due to some technical reasons demarcation of the sites in question could not be done, as the layout -cum -demarcation plan at the sites had become wrong. The competent authority was requested to change the layout -cum -demarcation plan of the shopping centre, where the plots in question exists. Necessary permission is likely to be granted by the competent authority very shortly. As soon as, the amended/changed layout -cum -demarcation plan is received from the competent authority, plots in question would be got demarcated and physical possession would be delivered. Due to some mistakes, the layout -cum -demarcation plan of shopping centre, where plots in question exist has been got changed. District Forum, vide its separate orders dated 16.10.2006, allowed both the complaints and passed common following directions to the respondent;