DINESH DUTT SHARMA vs U.I.T. BHARATPUR

HEARD. The appellant had entered into a contract of purchase of a residential plot admeasuring 60 x 90 feet equal to 600 sq. yds. from the respondent trust at the rate of Rs. 85/- per sq. yd. The respondent had accepted the proposal and allotted plot No. 71 in Ranjeet Nagar colony to him on 15.4.1982. The appellant duly deposited the entire sale consideration of Rs. 51,510/- with the respondent. On 15.2.1983 the respondent had though issued a site plan of the allotted plot also but no possession of such plot was ever delivered by the respondent to the appellant despite requests. On 19.1.1989 the respondent charged a further amount of Rs. 837/- from the appellant on account of lease money. But the possession of the allotted plot was not delivered to him. Meanwhile the appellant had come to know that plot No. 71, which had been allotted to him, was less than 600 sq. yds. in area. He, therefore, requested the respondent to reduce the sale consideration of the said plot and make refund of the excess amount to him. Since the respondent did not reduce the sale consideration and/or refund any part thereof to the appellant, as had already been received from him, the appellant has filed a complaint before the Forum.

IN order to solve the controversy between the parties the Forum appears to have appointed a site Commissioner for measuring the plot allotted to the appellant. The J.En. of the respondent, acting as site Commissioner, measured the area of the allotted plot and came to the conclusion that it was less by 55 sq. yds. than the area of the said plot at 600 sq. yds. The site Commissioner worked out the amount refundable to the appellant by the respondent @ Rs. 85/- per sq. yd. and submitted his report accordingly on 14.6.1996 before the Forum. After having made such exercise in the matter, the Forum finally held that the dispute between the parties involved complex and complicated question of fact and dismissed appellant''s complaint on that ground. Hence this appeal by the appellant. Although the learned Counsel for the appellant urged before us that the possession of the allotted plot has since been delivered by the respondent to him in the year 1998 and the area of such plot was less by 120 sq. yds. and, therefore, the price of 120 sq. yds. @ Rs. 85/- per sq. yd. be got refunded to him, but, we find no evidence in support of such contention on our record. Instead, we find that respondent''s own J.En. had reported that the allotted plot was less by 55 sq. yds. in area and had accordingly opined that a sum of Rs. 4,721/- was refundable to the appellant. There appears to be no ground to reject such report of the J.En. of the respondent. In the presence of such report on record and appellant''s readiness to take the refund of the amount, there was no involvement of any complex and complicated question of neither fact or law in the case.

In the result the impugned order is set aside and the appeal as also the complaint of the appellant against the respondent allowed. The respondent is directed to refund a sum of Rs. 4,721/- to the appellant with interest @ 12% p.a. from 1.7.1996 within a period of three months from the date of service of this order on the respondent failing which the rate of interest shall get enhanced/increased to 15% p.a. The appellant shall also get Rs. 2,500/- as cost of litigation from the respondent. Appeal allowed.