JATINDERDEV SINGH MUSAFIR Vs. LUDHIANA IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the Order dated 11.9.95 passed by the Punjab State Commission at Chandigarh allowing the appeal of the Ludhiana Improvement Trust, Ludhiana and reversing the order dated 24.3.95 passed by the District Forum, Ludhiana thereby dismissing the complaint of Jatinderdev Singh Musafir. The District Forum had allowed the complaint and directed the opposite party to allot another plot of 500 sq. yards to the complainant in some other alternative locality of the same type as Model Town Extension Part C on the old price i.e. Rs. 30,176.45 and to refund a sum of Rs. 10,000/ - taken extra from the complainant with interest at the rate of 15% per annum from the date of deposit of that amount till payment besides costs of Rs.500/ -.

(2.) THE facts in brief as mentioned in the complaint are these. The complainant's father Giani Gurmukh Singh Musafir, Ex -Chief Minister of Punjab was allotted a plot No. 146 -C, measuring 1000 sq. yards in Model Town Scheme Extension -C, Ludhiana by the Ludhiana Improvement Trust vide their letter No. LIT/71/22 dated 25.5.71 at the reserved price payable in instalments. Similar allotments were made to several other persons in the said Scheme. Giani Gurmukh Singh Musafir later died and the allotment of the plot was transferred in the name of his son, petitioner herein, in 1976. The entire consideration of Rs. 30,176.45 was deposited in instalments either by late Giani Gurmukh Singh Musafir or by the complainant and completed by 15.7.80. The complainant had, thereafter, made repeated requests and demands for delivery of the possession of the allotted plot for which full consideration had been paid. Ultimately the opposite party in its letter dated 22.10.85 referred to the subject of "Plot No. 146 -C, Model Town Extension Part -C" and stated that it was not possible for the opposite party to deliver the possession of the subject cited plot in complainant's favour and called upon the complainant to give his consent in case he was willing for the allotment of an alternative plot in lieu of the aforesaid plot in some other development scheme of Ludhiana Improvement Trust. The petitioner gave his consent in his letter dated 30th January, 1986 reiterating that it would have been more appropriate if the opposite party had delivered the plot No. 146 -C, Model Town Extension Part -C in view of the fact that full payment had been made towards the plot but gave his consent as suggested by stating that "I am willing to accept the alternative plot and request you to advise me the situation so that I can confirm you accordingly". The complainant did not receive any response from the opposite party and sent detailed representations dated 30.5.86 and 18.2.87 to all concerned. Ultimately the opposite party obtained the sanction of the Government of Punjab for allotment of alternative plot in lieu of Plot No. 146 -C, Model Town Extension Part -C and conveyed it to the Petitioner who wrote letter dated 7.5.87 reading as follows:

(3.) AS no allotment was made or possession given, the complainant set representation pointing out hardship caused to him in non -delivery of possession of the allotted plot or the alternative plot in the localities indicated as also the enormous rise in the cost of construction during those years. Ultimately in May, 1990, the opposite party allotted one plot of 500 sq. yards in Rajguru Nagar Scheme and called upon the complainant to deposit a further sum of Rs. 10.000/ - which he did on 2.5.90 and obtained the possession. The complainant represented that no doubt the possession of the plot measuring 500 sq. yards had been delivered to him but he was entitled to another 500 sq. yards of land against the total consideration of Rs. 30,176.45 deposited on or before 15.7.80 for the plot of 1000 sq. yards and prayed for the refund of Rs. 10,000/ - with interest. The complainant then filed the complaint with the above facts and pleaded that the opposite party was under an obligation to render the services of allotting the plot either at Model Town Extension Scheme or in Atam Nagar, Sarabha Nagar or Bhai Randhir Singh Nagar equivalent to the area of the plot measuring 146 -C, Model Town Extension Part -C, Ludhiana. The complainant prayed that since the opposite party had committed default in the performance of the services to be rendered the opposite party be directed to allot the alternative plot equivalent to the balance of the area to be allotted in lieu of plot No. 146 -C, Model Town Extension Scheme or to refund the 50% of the consideration already deposited alongwith interest and the sum of Rs. 10,000/ - got deposited from the complainant alongwith interest thereupon at the rate of 18% per annum being the market rate, customs and usage.