AI Structured Summary
Not yet generated for this judgment
Judgment
THIS appeal is directed against order dated 26.3.1996 in Case No. 131/95 of District Consumer Disputes Redressal Forum (hereafter referred to as District Forum) Khandwa, by which the District Forum has directed the opposite party to refund the amount deposited by the appellant for purchase of plot amounting to Rs. 10,000/- with 18% interest from 3.7.1993 together with costs. The appellant is not satisfied with this order, because he is not interested in getting his money back but instead wanted the promised plot No. 19 admeasuring 20'' X 40''=800 sq. ft. for the agreed price of Rs. 15,000/-.
IT is not necessary to recount the whole case, because the dispute between both parties is about the payment of extra cost of electrification before transfer of the plot in question. The argument put forward by appellant is that the purchase price of plot of land 20 X 50 sq. ft. fully developed was fixed at Rs. 15,000/-. Appellant has paid only Rs. 10,000/- against Rs. 15,000/- and is ready and willing to pay the balance amount of Rs. 5,000/- for getting the sale of the plot registered in his favour.
It is not disputed that the development of the plot agreed to be sold for Rs. 15,000/- did not include electrification.
IT appears that the Colonizer-opposite party later approached the M.P.E.B. for getting electrification for the colony and ascertained the total cost of electrification which the Colonizer wanted to be shared by allottees of plots. Accordingly, the demand of Rs. 5,000/ - + late fee of Rs. 500/- has been made by the Colonizer- opposite party. The Colonizer however, seems to insist that the sale of plot shall be registered only after payment of electrification charges. It is not disputed that the complainant has paid Rs. 10.000/- to the opposite party towards the cost of the plot which was agreed to be sold for Rs. 15,000/- and the complainant is willing to pay the balance of Rs. 5,000/- where after he wants registration of the sale deed and delivery of possession but the Colonizer wants the complainant to pay Rs. 5,500/- extra for electrification of the colony before delivery of the sale of the plot and delivery of its possession. We do not think that the opposite party-Colonizer can legally refuse sale and delivery of possession on payment of the complete price of Rs. 15,000/- for the plot fully developed, unless the complainant further deposits Rs. 5,500/- for electrification which was not included in the price of the plot as per the original agreement for purchase of plot since the development of the plot did not include electrification to be carried out by the Colonizer-opposite party.
THE opposite party cannot legally impose the condition of payment of electrification charges before execution of sale of the plot in favour of the complainant for a price of Rs. 15/000/- as originally fixed. There can be no doubt that the facility of electrification which the opposite party has decided to carry out for the colony will be availed of by the plot holders when they build the houses on the plots only upon payment of their share of cost of electrification. But since there existed no bipartite agreement between the complainant and the opposite party regarding electrification at the time a developed plot was agreed to be sold for a price of Rs. 15,000/-, the opposite party cannot refuse to execute sale with delivery of possession of the plot for coercing the complainant to pay the electrification charges first before executing the sale deed. In view of the discussion aforesaid, we direct the opposite party-Colonizer to execute a registered sale with delivery of possession of the agreed developed plot No. 19 admeasuring 20'' X 40''= 800 sq.ft. in favour of the complainant upon his paying the balance amount of Rs. 5,000/- within a period of one month and the complainant shall get the facility of connection from the electrification that may be installed in the colony only after payment of his share of the cost of electrification to the opposite party. Appeal allowed.