SHALIMAR ESTATE (P) LTD Vs. SAROJ BALA VERMA

JUDGEMENT

(1.) The complainant / respondent booked a residential plot with the petitioners in a project, which the petitioners were to develop in Village Naggal, Alipur, District Panchukla of Haryana. The petitioners issued an allotment letter dated 28.10.2002 after receiving Earnest Money from the complainant. The price of the plot was agreed at Rs.2,70,000/-. A sale agreement was then executed between the parties on 28.11.2002. The said consideration was payable in installments. The complainant paid all the six installments but the possession was not offered to her and in fact even the development at the site was not completed. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint, seeking possession of the allotted plot with all the facilities and compensation quantified at Rs.5,00,000/-.

(2.) The complaint was resisted by the petitioners, which admitted the allotment made to the complainant as well as the agreement executed with her. It was stated in the written version filed by the petitioners that the Town and Country Planning Department had vide order dated 08.8.2002 directed them to demolish the work, which they had by that time carried out. The appeal preferred by them came to be dismissed by the Tribunal. Thereafter, they approached the Hon'ble High Court of Punjab and Haryana by way of a Writ Petition wherein demolition was stayed on 13.2.2003 and later the writ petition was allowed on 05.10.2016. A Special Leave Petition was filed by the Haryana Government against the order of the Hon'ble High Court dated 05.10.2016, which is still pending though, the order passed by the Hon'ble High Court has not been stayed.

(3.) Vide its order dated 27.8.2018, the District Forum directed as under: "a) To get the Sale Deed executed / registered in favour of the complainant(s) in respect of the plot in question, within sixty days from the date of receipt of copy of this order, on payment of the remaining sale consideration, if any, due to it by the complainant and the expenses of Sale Deed shall also be borne by complainant. b) To deliver the complainant(s) the possession of the plot in question, after providing all basic amenities, within the committed period of three years form the date of this order. c) To pay Rs.20,000/- to each of the complainant(s) as compensation for mental agony and harassment d) To pay Rs.10,000/- to each of the complainant(s) as costs of litigation."?