AI Structured Summary
Not yet generated for this judgment
Judgment
Dinesh Singh, J
The dispute relates to 2013, we are in 2019.
We heard the learned counsels for the revision petitioners - developer, and perused the material on record.
The dispute relates to delivering possession of the owner's allocation in the subject property to the owner by the developer as per the agreement entered into between the owner - complainant and the developer- opposite parties.
The District Forum had heard both sides, appraised the evidence and vide its Order dated 30.04.2014 partly allowed the complaint:
Decision with reasons
Admittedly owner's allocation has not been delivered.
- - -
So, from the above it appears that justice would be sub served if the O.P.s be directed to hand over the owner's allocation to the complainant as per development agreement dated 10.01.2003 and to pay cost. Considering the circumstances we pass no order as to compensation.
- - -
Hence,
Ordered
That the case being C.C. no. 416 of 2013 be and the same is decreed on contest with cost of Rs. 10,000/- against the O.Ps.
The O.Ps are directed to deliver possession of the owner's allocation as per agreement dated 10.01.2013 to the complainant within one month from this day failing which the complainant will be at liberty to put the decree into execution in accordance with law.
The O.Ps are also directed to pay the cost within one month from this day failing which the O.Ps shall pay penalty @ 500/- per deim till payment.
(extract from District Forum's Order)
[The (correct) date of agreement flowing from the previous paras of the District Forum's Order is 10.01.2003. Evidently, therefore, 10.01.2013 above is a typographical error.]
The State Commission had heard both sides, appraised the evidence and vide its Order dated 02.08.2018 partially modified the award made by the District Forum:
The factual aspect of the matter is not seriously disputed. - - - We cannot overlook to the fact that a land owner who requested the Developers to develop her plot of land comes to the court for seeking relief when she was allowed to take possession of the same in a physical manner. Hence, without taking into any controversy, we dispose of the appeal by directing the OPs to hand over the owner's allocation to the complainant within a period of 60 days from the date of the order and to pay compensation of a sum of Rs. 50,000/- (Rupees fifty thousand) for mental agony and harassment coupled with litigation cost of Rs. 10,000/- (Rupees ten thousand) to be paid within the stipulated period (60 days) in default the complainant would be at liberty to take steps according to law. The other directions in the judgment stand modified to the extent as indicated above.
(extract from State Commission's Order)
This revision has been filed under section 21(b) of the Act 1986 against the said Order dated 02.08.2018 of the State Commission.
We find the Order of the State Commission to be well-appraised and well-reasoned. We note that the sum and substance and import of the State Commission's Order is that the owner's allocation be handed over to the owner by the developer as per the agreement entered into by the owner and the developer within a period of 60 days, that is, the State Commission has but directed that the agreed terms and conditions of the agreement entered into by the two sides be duly complied with, within, now, a specified time period. (The State Commission has also awarded reasonable and fair compensation of Rs.50,000/- and cost of litigation of Rs.10,000/-.) The subject agreement is admitted by both sides. The award made by the State Commission is self-evidently just and appropriate, and cannot be faulted. Within the meaning and scope of section 21(b), we find no jurisdictional error, or a legal principle ignored, or miscarriage of justice.
The revision petition, being misconceived and devoid of merit, is dismissed.
Needless to add that the District Forum shall undertake execution as per the law.
A copy each of this Order be sent to the District Forum and to the respondent - complainant by the Registry within ten days.