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Judgment
COMPLAINANT approached the O.P. for allotment of a shop site in the Fruit Market Complex Narwal, Jammu in response to the advertisement made by the O.P. The complainant was allotted a shop site on 4th of August, 1994 as the complainant was advised by the O.P. to deposit the premium of Rs. 71,111/- in two instalments and O.P. communicated the terms and conditions to the complainant such as production of State Subject Certificate, receipt of premium and other documents enabling the O.P. to get a lease deed executed and possession delivered, after the execution and registration of the lease deed. The complainant alleged in the complaint lodged before us that despite his deposit of the full premium of Rs. 71,111/- in two instalments dated 28.9.1994, 23.6.1995 the O.P. despite his request did not execute the lease deed in itself nor handed over the possession of the shop site allotted to him and the complainant seeks the relief of a direction to the O.P. to register the Lease Deed, handover the possession to him and for compensation and litigation expenses.
NOTICE of the complaint was served upon the O.P. to appear and file the version of its case but as the O.P. did not choose to cause his appearance and file version of its claim the O.P. was set ex parte vide this Commission order dated 6.5.2002 and the complainant was asked to lead evidence. The complainant led his ex parte evidence and placed on record a photo-copy of the allotment order containing terms and conditions. Photo-copy of the purchase of payment of premium. After the close of the ex parte evidence of the complainant today when the case was taken up for the ex parte evidence from A.G. Sheikh, Counsel Advocate have caused his appearance to participate in the argument.
Heard learned Counsel for the parties. During the arguments Mr. Shiekh submitted that though the penal premium was received by the O.P. but neither the complainant approached the O.P. nor submitted the documents such as State Subject Certificate etc. and in the meanwhile Forest Department has raised a dispute by approaching the O.P. disclosing that the shop site belongs to the Forest Department.
ON going through the file we find no material to disclose that there is any dispute much less litigation coming on between the Forest Department and the O.P. regarding the shop site. However, there is no document on record to disclose that the complainant before filing the complaint had served any notice though not legally require for the redressal of his grievance upon the O.P. Learned Counsel for the complainant submits that he had verbally approached number of times but his grievance was not redressed. On the material on the file we are convinced that after receiving the premium and allotment of shop site in favour of the complainant, the O.P. was under an obligation to direct the complainant to come forward with the documents enabling the O.P. to execute the Lease Deed, get it registered and handover the possession to the complainant.
SO, we direct the O.P. to execute the lease deed regarding the shop site allotted to the complainant by the O.P. vide their allotment order dated 4.8.1994 within a period of 3 months. In the meanwhile the complainant shall approach the O.P. with requisite documents such as State Subject Certificate in order to enable the O.P. to complete the lease deed, get it registered and handover the possession within a period of 3 months. In case the complainant completes all the formalities of handing over documents to the O.P. against proper receipt the O.P. does not comply this order, the O.P. shall be liable to the penal consequences as required under Section 21 of C.P. Act besides paying market value of the shop site. In both the events the O.P. shall also pay to the complainant litigation expenses of Rs. 2,000/-. Complaint disposed of.