THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 537-14 Date of Institution : 14.10.2014

Date of Decision : 6.11.2015

Ram Sharan Pal Son of Sh. Ram Rakha , resident of 488-B, Basant Nagar, Majitha Road, Amritsar ...Complainant

Vs.

Amritsar Improvement Trust, Amritsar through its Chairman Cum Administrator, Ranjit Avenue, Amritsar

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. Vinay Khera,Advocate

For the opposite party : Sh. Amit Bhatia,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

-2-

1 Present complaint has been filed by Ram Sharan Pal under the provisions of the Consumer Protection Act alleging therein that he was allotted plot bearing No. A-515 in Area 340 Acre Development Scheme known as New Amritsar Scheme on 26.8.2002. Thereafter an agreement of sale was also executed between the parties on 17.1.2003. The said plot was allotted to the complainant against a consideration of Rs. 10,31,250/- @ Rs. 4125/- per sq.yds. As such the complainant has a legal right ,title or interest in respect of the plot in question complainan. The complainant requested the opposite party so many times to execute the sale deed and hand over the actual possession of the plot in question after demarcation/measurement , to the complainant. But the opposite party did not pay any heed to the request of the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to execute sale deed of the plot in question in favour of the complainant. Compensation of Rs. 1,00,000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that plot No. A-515 under 340 Acre Scheme was allotted to the complainant and vide letter No. AIT/SS/11670 dated 17.10.2002 one allotment letter was issued in favour of the complainant and agreement to sell was also executed between the parties on 17.1.2003. . It was denied that entire sale consideration of the plot was paid by the complainant in time . It was submitted that complainant had filed a civil suit against the opposite party and the Hon'ble Civil Court vide its order dated 27.5.2011, directed the complainant to make the payment of the remaining amount to the Trust and the fact of the Civil Suit has been concealed by the complainant from this Forum intentionally. It was submitted that as per the clause 2 of the agreement to sell dated 15.11.2002 which was executed between the parties, the possession of the plot was given to the complainant at the time of execution of agreement . The possession of the plot in question was handed over to the complainant and further vide letter No. AIT/SS/743 dated 28.1.2003 the intimation was given to the complainant regarding the fact that as per clause 2 of the agreement to sell the date of possession should be considered as 16.11.2002. As per report dated 14.2.2003 of opposite party, demarcation was done at the spot and the possession was delivered to the complainant. It was submitted that in compliance of the order passed by the Civil Court, opposite party has issued two letters dated 20.9.2012 and 12.12.2012 requested the complainant to deposit the remaining amount and construction fee which the complainant has deposited with the opposite party. It was submitted that as the possession of the plot in question has already been given to the complainant for the last many years , as such there is no deficiency of service on the part of the opposite party.

3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-18.

4. Opposite party tendered into evidence affidavit of Sh. Sandeep Rishi,Chairman Ex.OP1 alongwith documents Ex.OP2 to Ex.OP14.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.

6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties it is clear that complainant was allotted plot bearing No. A-515 in Area 340 Acre Development Scheme known as New Amritsar Scheme on 26.8.2002. Thereafter an agreement of sale was also executed between the parties on 17.1.2003. The complainant paid the entire sale consideration of the plot i.e. Rs. 10,31,250/- @ Rs. 4125/- per sq.yds. Therefore, the opposite party is under onligation to execute sale deed of the said plot in question in favour of the complainant and to hand over the actual physical possession of the same after giving demarcation, so that the complainant could raise construction thereon. The complainant requested the opposite party so many times to execute the sale deed and hand over the actual possession of the plot in question after demarcation/measurement , to the complainant. But the opposite party did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant.

7. Whereas the case of the opposite party is that the complainant has filed one civil suit against the opposite party and the civil court vide its judgement dated 27.5.2011 Ex.C-14 directed the complainant to make the payment of the remaining amount to the Trust and restrained the opposite party from transferring the residential plot in question in favour of any person except the plaintiff (complainant). In that suit the complainant nowhere stated that he was not given the possession of the plot in question by the opposite party. All these facts have been concealed by the complainant as per agreement of sale executed between the parties Ex.OP8. The possession of the plot in question was given to the complainant on 16.11.2002 and it was duly acknowledged by the complainant in this agreement of sale Ex.OP8 under his own signatures. However, the complainant submitted that he was not given demarcation /measurement of the plot in question, as such the complainant is unable to raise construction over his plot. So a letter dated 28.1.2003 Ex.OP11 was written to the complainant that as per the conditions of the allotment letter as well as agreement of sale executed between the parties, the possession of the plot has already been given to the complainant on 16.11.2002 and the date of possession shall be considered as 16.11.2002. However, if the complainant still wants demarcation of his plot, he was asked to appear on 14.2.2003 at 11.00 a.m in the office of concerned Asstt. Trust Engineer/Section Officer of the opposite party to get demarcation of his plot and as per this record, the complainant was given demarcation and actual possession of the plot in question on 14.2.2003 which was also signed by the concerned Patwari and other officials. Not only this the complainant admitted that he has taken the actual possession of the plot in question, deposited the non construction charges of the plot in question to the tune of Rs. 4,90,313/- with the opposite party vide receipt Ex.C-3 dated 18.9.2014 for the period from 1.7.2006 to 31.12.2014 . All this prove that the complainant had already taken the possession of the plot in question on 14.2.2003 as per this letter Ex.OP11 . Not only this the complainant gave affidavit Ex.OP14 to the opposite party that if the opposite party executes sale deed of the plot in question in favour of the complainant, then he shall be responsible in future in case any litigation of this plot is filed by anyone and Trust shall not be responsible for the same. Thereby the complainant has submitted that if the opposite party executes the sale deed of the plot in question in favour of the complainant, then the complainant shall not file any litigation against the opposite party. Resultantly on this promise, opposite party executed sale deed of the plot in question in favour of the complainant Ex.OP13 which was duly registered. So there is no deficiency of service on the part of the opposite party qua the complainant.

8. From the entire above discussion we have come to the conclusion that complainant was allotted plot bearing No. A-515 in 340 Acre Area Development Scheme known as New Amritsar Scheme on 26.8.2002. The parties entered into and executed agreement of sale dated 17.1.2003 Ex.OP8 in which it has been categorically mentioned that the possession of the plot in question has been handed over to the complainant on 16.11.2002 under his (allottee's) own signatures. The complainant made the payment of the price of the plot in question in installments, lastly in 2014. The complainant submitted that opposite party is not executing sale deed in favour of the complainant nor opposite party had given demarcation/actual possession of the plot in question to the complainant. The complainant has admitted under his own signatures the execution of the agreement of sale regarding the plot in question dated 17.1.2003 Ex.OP8 in which the complainant himself has admitted that the possession of the plot in question was given to the allottee on 16.11.2002. No doubt the complainant again approached the opposite party that he was not given demarcation of the plot in question. Resultantly the opposite party wrote letter bearing No. AIT/743-744 dated 28.1.2003 Ex.OP11 in which the opposite party has specifically mentioned to the complainant that as per the terms and conditions of the allotment letter the actual possession of the plot in question has already been given to the complainant on 16.11.2002. So it shall be considered that the actual possession of the plot in question has been given to the complainant on 16.11.2002. However, if the complainant wants demarcation /measurement of his plot, he was asked to appear before concerned Asstt.Trust Engineer/Section Officer on 14.2.2003 at 11.00 a.m to get demarcation/measurement of his plot. Resultantly on 14.2.2003 measurement/ actual possession of the plot in question was given to the complainant on 14.2.2003 as per the noting on this letter Ex.OP11 which is duly signed by the concerned Patwari and the other officials. Not only this the complainant himself has deposited non construction fee amounting to Rs. 4,90,313/- with the opposite party vide receipt dated 18.9.2014 Ex.C-3 impliedly admitting that possession of the plot in question has already been delivered to the complainant, but he could not raise the construction, as such he had been depositing the non construction fee for the period from 1.7.2006 to 31.12.2014 as is evident from this receipt Ex.C-3. So this plea of the complainant that he was not given actual possession of the plot in question, is not tenable

9. The other plea of the complainant is that the opposite party is not executing sale deed of the plot in question in favour of the complainant. The parties have entered into a compromise and the complainant submitted affidavit Ex.OP14 dated 6.2.2015 that if the opposite party executes sale deed of the plot in question in his favour , then he shall not file any litigation against the opposite party nor any other person shall file litigation against the opposite party. Resultantly the opposite party executed and got registered sale deed of the plot in question in favour of the complainant dated 6.5.2015 Ex.OP13, as such the complainant is bound as per the terms and conditions of his affidavit Ex.OP14 to withdraw the present complaint.

10. Consequently we hold that in these circumstances the complainant has failed to prove on record any deficiency of service on the part of the opposite party qua the complainant. Hence, the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

6.11.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member