IMPROVEMENT TRUST, MOGA Vs. MUKESH BANSAL & ANR

JUDGEMENT

(1.) The Improvement Trust Moga allotted plot to several persons under a Scheme known as 'Scheme No.3 Truck Stand, Near G.T. Road, Moga'. Initially the scheme envisaged allotment for retiring rooms, truck drivers offices, booking agencies and parking for booking agencies but later it was changed to provide for common and commercial use i.e. SCO, SCF, Hotel/Restaurant etc. The plots in the said Scheme were sold by way of auction and the purchasers was required to get the building plan sanctioned from the Trust and complete the construction within two years. In case of failure of the purchaser to complete the construction within stipulated time, the said time could be extended upto three years on payment of prescribed fee to the Trust. The construction was not carried out by the complainants / purchasers within the stipulated time. The Trust therefore, demanded non-construction charges, before approving their building plans. The aforesaid demand of non-construction charges was challenged by the complainants before the concerned District Forum by filing separate complaints.

(2.) The complaints were resisted by the Trust, claiming that there was no deficiency on its part in rendering services to the complainants. It was stated in the reply that since purchasers did not raise construction within the stipulated time, the Trust had the legal and contractual right to charge the non-construction charges from them.

(3.) In the complaints, subject matter of RP No.4275-4287 of 2014, 1019-1031 of 2015, the District Forum ruled in favour of the complainants. Being aggrieved, the Trust approached the concerned State Commission by way of an appeal. The State Commission, vide impugned order dated 08.8.2014 took the view that with effect from 01.1.2006, the Trust was entitled to recover non-construction charges at the rates given in its letter dated 03.3.1988, which provided for extension of the construction period on payment of the following extension fee: