Sh. Ramesh Handa  V/s Central Himalayan Land Development Co. Ltd.

                                                                                       Case No. 40/09

 Heard.  It is admitted on behalf of the complainant and also recorded in the order sheet dated 26.02.14 that the mutation of the plot in question has already been done by the OP in the name of the complainant. Now, the only question to be decided by this Forum is with regard to grant of damages, if any, to the complainant on account of delay in execution of mutation of the plot in question in favour of the complainant.

          The OP in the written statement has inter-alia stated that vide letter dated 24.03.08 the complainant had been informed in advance that if he wanted to get the mutation done in his favour he would have to appear in person in the office of the Tehsildar, Nainital but, however, despite repeated requests he did not turn up due to which the Tehsildar dismissed the mutation proceedings; that thereafter the complainant sent a special power of attorney dated 28.08.08 duly notarized on 01.09.08 vide covering letter dated 29.08.08 which was received in the office of the OP in the second week of September, 2008; that accordingly thereafter the OP moved an application for restoration of the mutation proceedings and stated to be pending in the office of Tehsildar as on the date filing of written statement.

 The complainant has not filed any rejoinder to the written statement. Thus, these averments made in the written statement of the OP have remained unchallenged and uncontroverted.  The complainant has also not denied these facts in his affidavit filed in evidence.

We have been taken through the documents relied on behalf of the Complainant. The same are marked as Ex.CW-1/A to Ex.CW-1/ T in the affidavit but the Exhibit Nos. are not given to them on the corresponding documents. However, neither of these correspondences the complainant has denied these facts.  Therefore, in our considered opinion, the complainant was also responsible for delay in execution of the mutation in respect of the plot in question by the OP in his favour. 

Therefore, in view of the facts and circumstances of the case discussed hereinabove, we are of the considered opinion that the complainant is not entitled to award of any compensation or damage. 

In view of the above discussion, the complaint stands disposed of accordingly. Let a copy of this order be given dasti to the counsel for complainant.  File be consigned to record room.

Announced on 24.11.17.