IMPROVEMENT TRUST Vs. SURINDER KAUR

JUDGEMENT

(1.) IT is the case of the Complainant that residential plots admeasuring 137 sq. yards in 12 acre diggi area scheme of Improvement Trust, Sangrur, were allotted to the Complainants vide allotment letter dated 14.5.2001. The total consideration was for a sum of Rs.1,95,636/- on deferred payment basis. It is the contention of the Complainant that the Petitioner was required to provide amenities like water supply, sewerage, road and electricity and thereafter deliver the possession of the plot. The failure of the Petitioner to provide the essential amenities, as stated above, resulted in delay of construction of the building for gainful utilization, and, as a result, the cost of construction went up considerably in the meantime. Hence, Complaint No.55/04 was filed before the District Forum on 23.1.2004 wherein it was prayed that the Petitioner be directed to deliver possession of the plot after providing basic amenities; pay interest at the rate of 18% p.a. on the amount recovered from the Complainant; refund the amount of interest recovered from her; pay Rs.1 lakh on account of escalation of cost of construction, and building material; Rs.50,000/- as compensation for mental agony and harassment; and, Rs.10,000/- as litigation expenses.

(2.) THE District Forum from the material available on record, arrived at the conclusion, that these amenities were completed in November, 2002. And, therefore, the empty offer of delivery of possession of the plot by allotment letter dated 14.5.2001 appears to be meaningless, and hence by its order dated 30.8.2004 directed as under:

(3.) FOR deciding these Revision Petitions, we would first refer to the observations made by the Supreme Court in the Case of Municipal Corporation (Supra), upon which reliance is placed by the State Commission, wherein it has been held"