Improvement Trust, Barnala vs Manmohan Singh

V.K. Jain, J

The complainant/respondent purchased a plot meant for a construction of a shop-cum-flat from the petitioner. The allotment in the name of the complainant was confirmed vide resolution dated 18.7.1980. The case of the complainant/respondent is that the construction on the said plot was completed in the year 1997. His grievance is that the sale deed in respect of the said plot has not been executed in his favour. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint, seeking registration of the sale deed along with compensation etc.

The complaint was resisted by the petitioner which admitted the allotment made to the complainant but claimed that the building was incomplete and the complainant had failed to comply with the terms and conditions of the agreement.

The District Forum vide its order dated 17.6.2016 directed the petitioner to execute the sale deed in favour of the complainant within 45 days but no compensation was awarded.

Being aggrieved from the order passed by the District Forum, both the parties approached the concerned State Commission by way of separate appeals. Vide impugned order dated 18.7.2017, the State Commission dismissed both the appeals thereby maintaining the order passed by the District Forum. Being aggrieved from the order passed by the State Commission, the petitioner is before this Commission. The complainant, however, has not challenged the order passed by the State Commission.

The agreement executed between the parties to the extent it is relevant, reads as under:-

"3. ERECTION OF BUILDING

During the ensuring 36 calendar months to be reckoned from the date of possession taken by the intended vendee shall be and will at his own expense erect upon the land in accordance with plans, sections, frontage, elevation and designs which shall have been previously approved by the Trust in writing or by any authority empowered by the this behalf.

For this purpose, the intended vendee shall submit to Trust in duplicate plans, sections, elevations and designs as may from time to time be prescribed Trust and shall not start construction of the said building unless and until sanction aforesaid plans, sections and elevations and designs has been communicated in with the intended vendee by the Trust.

The said plans, sections, elevations and designs shall follow the detailed introduced in schedule land of this agreement in respect of all matters there in provided for. After approval the said plans by the trust, the intended Vendee shall not make any alteration additions to the building either externally or internally without prior sanction of the trust in Writing.

5 . BYE LAWS

The intended vendee shall confirm to all rules, regulations and bye laws of 1 Municipal Council, Barnala in any way relating to buildings to be erected on the said or conditions and limitations set out in the schedule of clauses attached of 6.3 Acre Shaheed Jita Singh Shopping Centre Scheme if on any point the schedule of clauses mentioned and building by laws of Municipal Council, Bamala are in conflict with each other, the provisions schedule of clauses shall prevail.

REGISTRATION ETC.

Upon production by the intended vendee of certificate/dated and signed by the Chairman of the trust or any other officer of the Trust duly authorized in this behalf, certifying that the building has been constructed upon the said land, in accordance with the provisions of this agreement and all other rules, bye laws or regulations governing the construction of building and applicable to the said land and provided the intended vendee shall have fulfilled all the conditions herein contained to the satisfaction of the Chairman of the trust, or any other officer who may be appointed for this purpose by the Trust, the intended vendee shall be entitled to receive a sale deed duly executed in respect of the said land, the intended vendee shall get the said deed registered and shall also pay stamp duty and registration fee in connection with the said execution & registration. The sale deed shall contain the provisions of the agreement as for as applicable.

It would thus be seen that the building on the allotted plot could be constructed by the complainant only after getting the plans duly approved from the petitioner Trust. The construction is required to confirm to the building plans so approved by the petitioner Trust. Thereafter, the allottee is required to submit a certificate signed on behalf of the Trust certifying that the building has been constructed in accordance with the provisions of the agreement and all other rules, bye-laws, etc. governing the construction by the building. Only thereafter the complainant is entitled to execution of a sale deed in his favour. The plans, if any, got approved by the complainant from the petitioner have not been placed on record. Therefore, it is not clear as to whether the complainant had got the said plans duly approved from the petitioner or not.

After approval of the plan, the building has to be inspected by the petitioner in order to confirm that it has been constructed in accordance with the plans and all relevant rules, bye-laws, etc. Thereafter, a certificate has to be issued by the petitioner certifying that the building has been constructed in accordance with the provisions of the agreement and all other rules, bye-laws etc. applicable to the land. On the issuance of such a certificate, the complainant is entitled to execution of the sale deed in his favour.

In these circumstances, it would be necessary to verify whether the complainant had got the plans approved from the petitioner in terms of clause 3 of the agreement or not and if the plans were got approved from the petitioner whether the building erected by him confirmed to the said plans and applicable rules, bye-laws etc. If on such inspection, the petitioner finds that the construction confirms to the provisions of the agreement and other rules, bye-laws etc. applicable to the said construction, it is required to issue a certificate to the complainant in this regard and then execute the sale deed in his favour.

For the reasons stated hereinabove, the revision petition is disposed of in terms of the following directions:-

The respondent/complainant shall submit a copy of the plans which were got approved by him from the petitioner, in terms of clause 3 of the agreement, to the petitioner within two weeks from today.

On receipt of the said plans from the complainant, the petitioner shall get the building inspected and if it is found that the building constructed by the complainant confirms to the provisions of the agreement and all other rules, bye-laws etc. governing the construction of the building and applicable to the allotted land, and that the complainant has fulfilled all the conditions contained in the agreement, the petitioner shall issue requisite certificate to the complainant within four weeks thereafter and shall also execute the sale deed of the plot in his favour within next four weeks.

No order as to costs.