SADGURU LAND FINANCE Vs. TARUN SACHDEVA

JUDGEMENT

(1.) Aggrieved by the order of the District Forum dated 8th Jan., 2008 directing the appellant to withdraw all demands of money, issued by notices of Sh. Shailash Gupta, Advocate dated 11.7.2006 and to accept Rs. 22,410 with interest at the rate of 18% per annum (simple interest) from 30.6.1999 till date as full and final outstanding amount against plot No. E-47, Ved Vihar, Delhi, the Appellant has preferred the instant appeal on account of having been held guilty for deficiency in service for raising unjustified demand.

(2.) The Respondent had filed the complaint before the District Forum alleging that he is son of late Shri Madan Lal Sachdeva who had booked a plot measuring 200 sq. yards at the rate of Rs. 500 per sq. yds and had entered into an agreement dated 12th May, 1989 with the appellant for the purchase of the said plot. The respondent was to make payment as per schedule in terms of the agreement and in accordance with that the father of the complainant had paid 95% of the agreed amount. The appellant further issued a notice to the father of the respondent dated 16th Feb., 1993 asking him to make payment of Rs. 16,600 which was duly paid by his father on 17th Aug., 1999 vide cheque No. 048941. Thereafter the father of the Respondent died on 6th Feb. ,2002 and since there was a change in the residential address of the respondent there was no communication between the parties. On 7th Jan., 2007 the Respondent had approached the Appellants to verify the status of the plot and was informed that a sum of Rs. 5,31,246 was due against the father of the respondents plot. The respondent was called upon to pay the said amount failing which the allotment would be cancelled. As such the respondent filed a complaint before the District Forum stating therein that he was ready to pay interest on the outstanding amount @ 18% but prayed for quashing unjustified demand of the Appellant to the tune of Rs. 5,78,765 and also prayed for delivery of possession of the plot on payment of outstanding dues with interest @ 18% p.a. (simple interest) and reasonable development charges. He also prayed for compensation for harassment and agony caused to him as well as the cost of proceedings.

(3.) The appellants admitted before the District Forum having allotted Plot No. E-47, Ved Vihar Residential Colony to the father of the Respondent and also admitted that the Respondent was the only legal heir of late Shri Madan Lal Sachdeva, the allottee of the plot E-47. It was alleged by the Appellants that Shri Madan Lal Sachdeva had made last payment very late, hence became liable to pay compound interest. The Appellant justified claiming the said amount from the Respondent by filing a statement containing a break up of the amount claimed, which is as under: <FRM>JUDGEMENT_15_CPJ4_2008_1.html</FRM>