Bhupinder Pal Singh vs Chandigarh Administration, Chandigarh

COMMERCIAL site No. 867 at Manimajra was allotted to Mr. Dalip Kumar and others in auction for Rs. 40,10,000/-vide letter dated 23.4.90. The complainants got it transferred in their favour as a kind of re-purchase and it was approved by the respondents on 16.8.90 after having received the transfer charges Rs. 17,610/-(Annexure P 2). The complainants have alleged that after auction the position of the site where this commercial plot is located has been materially changed. Now there is no parking place in front of the plot in question. The crossing has been widened and the pillar of the shop-cum-office was likely to touch the metalled road. Neither any pavement nor any open space now remains though it existed in original drawings. Under these constrained circumstances the complainants requested for refund of the deposit on 22.3.93 Annexure P 6. However, the respondents have remitted only a sum of Rs. 1,80,450/-though the amount deposited by them was Rs. 10,02,500/-. It has been averred that there is no justification for forfeiting the amount deposited by the complainants. The conduct of the respondents had been arbitrary in making ma terial changes on and near the site and by forfeiting the excessive amount. The relief claimed enumerated in para 15 of the complaint is briefly as under: (a) the respondents be directed to release the entire amount deposited by the complainant alongwith interest @ 18% per annum from the date of deposit; (ii) respondents be directed to pay Rs. 4 lakhs as loss and mental harassment; and (iii) costs of the complaint.

IN a reply filed on behalf of the respondents, it has been averred that the changes made were not material and it has been denied that the pillar of plot in question would just touch the metalled road. The complainants surrendered the plot on account of family circumstances vide letter dated 27.3.93. The respondents liad forfeited 10% of the total bid money i.e. Rs. 4,21,000/-out of Rs. 40,10,000/-. The complainants deposited Rs. 10,02,500/-with the respondents on 29.3.90 at the time of auction. It has been averred that the respondents have rightly deducted 10% of the total bid as per Clause 18 of the terms and conditions of the allotment letter. The learned Counsel for the complainant has pointed out that the amendment to the effect that 10% of the amount means 10% of the total bid money was not in force on 23.4.90 when the plot was allotted. At the same time it has been pointed out that Clause 18 referred to in para 10 of the reply never existed in the allotment letter dated 23.4.90 which was issued in respect of the plot in question. A perusal of the allotment letter shows that the last Clause was No. 17 and Clause 18 did not exist in those days. Thus the change that 10% of the total bid money could be forfeited is a subsequent one in policy and conditions and was not in existence at the time this plot was auctioned or transferred to the complainant. Thus we hold that only 10% of the amount deposited could be forfeited in this case and the complainants are entitled to refund of the balance.

As regards the changes made in the site which are evident from Annexure P 5 supported by the affidavit of Shri Sharvan Talwar the Architect and the fact that it has gone unrebutted establishes that the material changes were made by the respondents. The complainants being allottee of the corner plot were worst hit. This also amounts to deficiency but in the circumstances of the case we hold that ends of justice would be met if only 10% of the earnest money under the terms and conditions applicable at the relevant time is forfeited and balance is refunded to the complainants within three months of the announcement of this order, failing which the respondents shall be liable to pay interest @ 18% p.a. from the date of institution of the complaint till realisation. Costs of the proceedings assessed at Rs. 2.000/-which shall be payable by the respondents.

ANNOUNCED. The order be communicated to the parties free of charges. Complaint allowed with costs.