CHANDIGARH HOUSING BOARD Vs. NARINDER KAUR MAKOL

JUDGEMENT

(1.) Shri Balbir Singh Makol was allotted a commercial site on 4.4.1979 in the Commercial Complex at Manimajra as a result of draw which was held on 3.2.1979. The instalments @ Rs.4,950/- per annum commencing from 28.2.1980 were deposited and other formalities were fulfilled. Smt. Narinder Kaur Makol wife of Shri Balbir Singh Makol applied for a residential flat, luckily she also succeeded in the draw and a residential flat at second floor in Sector 44-D has been allotted to her on 25.10.1989 at a price of Rs.1,81,800/-. She deposited a sum of Rs.58.046/- on 30.5.1991 and payment of subsequent instalments was also in the process. However, on 15.12.1992 the allotment of this residential flat was cancelled, on the plea that her husband already possessed Shop-cum-Flat No.409 in the Motor Market, Manimajra. On a complaint instituted by Smt. Narinder Kaur Makol/ the District Forum accepted her claim and or dered on 14.5.1997 that the Chandigarh Housing Board should put Smt. Narinder Kaur Makol in possession of the residential flat. The relief granted by the District Forum, Chandigarh is as under : " (a) She is entitled to be put in actual physical possession of dwelling unit by Opposite Parties. (b) She is entitled to interest @ 18% p. a. on the amount she had deposited with Opposite Parties from the date of physical possession would have been delivered to the complainant but was not delivered till the date she is put in actual physical possession of the dwelling unit. (c) Through their conduct and behaviour Opposite Parties have caused the complainant physical harassment and mental agony and for the same we allow the complainant compensation of Rs. l0,000/-. (d) Complainant is also held entitled to costs of the complaint which are assessed at Rs. l,500/-. The complaint disposed of accordingly. " Aggrieved against it, the present appeal has been attempted by Chandigarh Housing Board.

(2.) The relevant part of the allotment letter dated 4.4.1979 which deals with the subject of allotment is reproduced as under : "allotment of a commercial site on Free-Hold Basis in the Motor Market and Commercial Complex at Manimajra. " This would go to show that the allotment in favour of the husband as a consequence of draw was of a commercial site and the mere fact that a part of it was also residential could not obviously debar Smt. Narinder Kaur Makol, the wife from applying for a residential flat. The plea raised on behalf of the appellant that there was a provision for residence as well in the commercial flat obviously could not dis-entitle a person or his wife to apply for a flat which is wholly residential. In reply to the contention raised on behalf of the appellant, the learned Counsel for the respondent has drwan our attention as well to the unreported decision in Rakesh Kumar V/s. The U. T. and Others, C. W. P. No.13292 of 1992 decided by a Division Bench of Punjab and Haryana High Court on 5.10.1993, wherein it was held that the petitioner could not be denied the relief on the solid ground that he owned a commercial site which may or may not be used for the purpose of residence. Any authority to me contrary pertaining to Chandigarh or any other town has not been brought to our notice. The conclusion is that the appeal fails and it is hereby dismissed.

(3.) The cross appeal that damages awarded were inadequate or that Smt. Narinder Kaur Makol was entitled to a sum of Rs.2 lacs on account of mental torture or other damages on account of probable delay in delivering the possession etc. has no merit and there is no scope for enhancement. The Cross-Appeal No.109 Narinder Kaur Makol V/s. Chandigarh Housing Board, is also dismissed.