Capt C P Gupta vs Joint Secretary Department Of Local Government Government Of Punjab

THIS appeal is against the Order of State Commission, Punjab in original complaint No. 56/92. The complainant, who is the Appellant herein, Capt. C.P. Gupta was allotted plot No. H -272 in Bhai Randhir Singh Nagar, Ludhiana on 19.9.83 on instalment payment basis. After paying the final instalment on 16.1.89 he requested the Chairman, Improvement Trust, Ludhiana for registering the plot in his name. After repeated reminders he was told by the Chairman, Improvement Trust, Ludhiana that the same plot had been allotted to someone else long ago. Thereafter at the intervention of the then Governor of Punjab another Plot No. A - 116 in Raj Guru Nagar Scheme was allotted to him on 3.9.91. when he asked for the registration of this plot in his name, the Chairman, Improvement Trust, adopting a recalcitrant attitude, kept quite and did not even acknowledge his letters. Capt. Gupta thereafter went to Ludhiana to get the plot transferred in his name put was told by Shri Multani to pay Rs 77,511/ - being the difference in price of the old and the newly allotted plot plus Rs. 27,120/ - as interest and penalty for not depositing the enhanced amount in time. Shri Gupta did deposit Rs. 77,511/ - under protest because he was told that even this allotment may be cancelled unless this amount is deposited immediately. Even then the plot has not been registered in his name till today.

THE State Commission, Punjab considered his complaint and in a detailed order found gross deficiency on the part of the Improvement Trust Ludhiana and directed them to refund the amount of Rs. 1,20,000/ - (Rs. 43,089/ - for the originally allotted plot + Rs. 77,511/ - for the alternative plot) along with running interest at the rate of 18% per annum on various payments made by the complainant, with effect from the respective dates of payment, upto the realisation of the amount within a period of three months from the receipt of the order along with costs of Rs. 1,000/ - and an amount of Rs. 5,000/ - as compensation. It is against this order that Capt. Gupta has come in appeal before us. The main contention of Capt. Gupta is that the Plot No. A - 116 in Raj Guru Nagar Scheme, allotted to him on 3.9.91 still stands in his name. He is keen to have this plot and also claims the refund of Rs. 77,511/ - charged and deposited under protest for the allotment of this plot which is an alternate plot for the original plot which after allotment had been allotted to someone else allegedly by mistake. Capt. Gupta has also claimed damages amounting to Rs. 8,70,000/ - plus interest accrued on deposits lying with the trust. We have heard Capt. Gupta, the appellant herein and Mr. B.B. Sharma, Advocate for Improvement Trust, Ludhiana. In their detailed order dated 21.7.93, the State Commission, Punjab has very correctly pointed out that the attitude of the Improvement Trust has been far from satisfactory in this transaction. Firstly, they allotted the plot to someone knowing that it had been allotted to Capt. C,P. Gupta who had even deposited the full price of it on 16.1.89. It is strange that the Improvement Trust had been receiving instalments for Plot No. H -272, Bhai Randhir Singh Nagar from 19.9.83 upto 16.1.89 from Cap. Gupta, without even informing him that the plot has been allotted to someone else. Only after having received full payment for this plot that Capt. Gupta was informed of the so -called mistake in allotting this very plot to someone else and that too long ago. Adding to this deplorable attitude and action, the Improvement Trust asked Shri Gupta to pay a sum of Rs. 77,511/ - along with Rs. 27,129/ - as interest and penalty for the alternate plot No. A -116 in Raj Guru Nagar Scheme which was allotted to him on 3.9.91 at the intervention of the then Governor, Punjab. The contention of the Improvement Trust is that they had informed Capt. Gupta about the allotment of this plot in 1989 but he did not deposit the required amount of Rs. 77,511/ - in time, and hence he was also liable to pay Rs. 27,129/ - as interest and penalty. The Improvement Trust could not satisfactorily explain before the State Commission and even before us as to why the letter informing Capt. Gupta about this allotment was not sent through registered post which is the normal practice in such like cases. Moreover the address of Capt. Gupta was of Delhi and it is found that the so -called letter of the allotment of plot in Raj Guru Nagar Scheme was addressed in Punjabi. Be that as it may, Capt, Gupta contends that he never received any such letter. It was on the threat of cancellation of this allotment that Capt. Gupta deposited Rs. 77,511/ - but did not deposit Rs. 27,129/ - on account of interest and penalty which later on was waived off by the Secretary, Local Government, Punjab, Chandigarh.

FROM a perusal of the record including the comprehensive order of the State Commission, Punjab and after hearing the appellant and the Advocate for the respondent No. 2 i.e. Chairman, Improvement Trust, we are of the considered opinion that the Improvement Trust is patently guilty of gross deficiency in service. We see no justification for the Improvement Trust asking for an extra amount of Rs. 77,511/ - being the difference in price of the old and newly allotted plot particularly when they kept in deposit an amount of Rs. 43,089/ - for as along as a period from 16.1.89 to 3.9.91, when the alternate plot was allotted to him by the then Governor of Punjab. Even upto date no plot has been registered in his name. We are, therefore, of the opinion that the direction of the State Commission for refunding the total amount with interest would not meet the ends of justice. After all Capt. Gupta has invested his life time saving for the purchase of a plot in Ludhiana where the prices have now escalated quite steeply. In our opinion it would be appropriate that the Plot No. A -116 in Raj Guru Nagar Scheme allotted to Shri Gupta on 3.9.91 should be transferred in his name straightaway without raising the technical objection of this plot being of 460 sq. yards whereas the original lot in Bhai Randhir Singh Nagar Scheme allotted on 19.9.83 was of 400 sq. yards. We see no merit in the contention of the Improvement Trust for charging extra price for this 60 sq. yards or the additional amount of Rs. 77,511/ - for this plot 12 years after the original allotment of a plot to him which was by mistake allotted to someone else. Hence, we direct that the plot No. A -116, Raj Guru Nagar Scheme should be transferred in his name straightaway and the sum of Rs. 77,511/ - received from him being the difference in price of the old and the newly allotted plot be returned to him. In fact the interest on the amount of Rs. 43,089/ - from 19.9.89 and on Rs. 77,511/ - from 8.11.90 to date @ 18% per annum which would be quite a considerable sum by itself. The transfer of plot in his name and refund of Rs. 77,511/ - would in our opinion be enough to compensate for the harassment and hardship caused to Capt Gupta. We therefore, see no merit in his claim for compensation of Rs. 8,70,000/ - Improvement Trust, Ludhiana shall also pay a sum of Rs. 5,000/ - by way of costs to Capt. Gupta in this appeal. Appeal allowed with costs.