O R D E R ; ( Per Shri B.R. Chandel, President).
The undisputed facts of the present complaint are that the complainant Shri Parkash Chand Sharma applied for allotment of the residential plot belonging to HIMUDA in Mandhala (Baddi) District Solan, H.P., before the opposite party and the allotment was made on the basis of draw of lots to the eligible applicants under various categories. The complainant has been allotted type-3 plot No.C-50 measuring 200 Sq.Mtrs. under self financing scheme vide letter dated 30-07-2007 Annexure C-1. The payment of the cost of the plot was required to be made by the complainant as per the terms and conditions mentioned in letter Annexure C-1. He made the payment accordingly. As per clause-7 relating to cost and mode of payment mentioned in allotment letter Annexure C-1 the difference between the tentative cost and final cost was payable in lump sum before handing over the possession of the plot. The opposite party issued letter Annexure C-3 dated 29-09-2011 to the complainant requiring him to make payment of full and final cost amounting to Rupees 1,73,075/- within 45 days. The complainant was put to notice that possession of the plot would be given to him after payment of the said amount and execution of the conveyance deed and after fulfillment of other requirements made therein. The complainant deposited the said amount under protest vide letter Annexure C-2 and complied with other terms and conditions on or about 16-01-2011. The possession of plot was given to the complainant within 45 days after compliance of the terms and conditions mentioned in Annexure C-3.
2. In view of the above stated undisputed facts the complainant on the strength of this complaint has claimed that the opposite party be directed to pay interest at the rate of 6% p.a. on deposit of Rupees 10,71,000/- as the opposite party has failed to hand over the possession of the plot in question w.e.f. November 2010 till date as per condition No.XV of the prospectus/voucher ( offer for freehold residential plots annexed with allotment letter Annexure C-1 inspite of service of legal notice upon it which amounts to deficiency in service.
3. The opposite party disputed the said claim and has set up the main defence firstly that this Forum has no territorial jurisdiction to try and decide the present complaint as neither the property in dispute is situated nor the opposite party resides within the territorial jurisdiction of this Forum and secondly, the opposite party did not commit any breach of the terms and conditions of the allotment hence committed no deficiency in service.
4. The complainant moved the application for allotment of plot to the opposite party. The office of the opposite party is situated at Shimla. The allotment letter Annexure C-1 was issued by the opposite party from Shimla. The plot which has been allotted to the complainant is situated at Baddi in District Solan. The possession of the plot was delivered to the complainant at Baddi in District Solan. The cost of the plot was deposited by the complainant with the opposite party at Shimla. Although, the complainant has stated that the office of the opposite party is also situated/functioning at Bilaspur town, but the said fact has not been proved nor it is proved that in spite of allotment of plot in question the complainant was having any dealing with the allottee office of opposite party at Bilaspur town. In view of the said fact, the complainant has not been able to prove that the cause of action either wholly or partly arose to file the present complaint within the territorial jurisdiction of this Forum.
5. In view of the findings recorded above, this Forum is left with no alternative except to conclude that it has no jurisdiction to try and decide the present complaint and the present complaint deserves to be returned to the complainant for presentation in the appropriate Forum.
6. In view of the findings recorded above, the complaint is ordered to be returned to the complainant along with documents after retaining certified copies thereof. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, complete in all respects, be consigned to the Records.
ANNOUNCED & SIGNED IN THE OPEN FORUM;
Today this the 21st day of January, 2015.
( B.R. Chandel)
President
(Manorma Chauhan) (Pawan Kumar)
Member Member