Urban Improvement Trust vs MOHD. ZAHEER

IN the lottery held by the appellant trust for allotment of residential plots to the aspiring applicants, the respondent was fortunate enough to be allotted plot No. 8-C-42 in the Jainarayan Vyas Nagar Yojna Sector 8 of the appellant trust. The respondent had duly deposited the entire consideration with the appellant trust on 28.1.1995 and was put in possession of the allotted plot on 6.3.1995. His grievance, however, was that the allotted plot was having pits of 11 to 12 feet deep. He, therefore, required the appellant to get the pits filled in but the appellant declined to do so. The Forum held that the appellant had rendered deficient services to the respondent and accordingly awarded a compensation of Rs. 1,000/- for deficiency of service and Rs. 500/- as cost of litigation.

AT the very outset the learned Counsel for the appellant stated at Bar that the pits have since been filled in. The learned Counsel for the other side, however, showed photographs to us with this statement at Bar that upto 28.9.2002 the pits were not filled in. The appellant could not even produce before us the date of filling the pits. Under such circumstances we are not inclined to interfere with the impugned order. The appeal is dismissed with cost on parties. Appeal dismissed.