ASEEM BHATNAGAR vs DELHI DEVELOPMENT AUTHORITY

BRIEF facts of the case are that originally one Mr. Anandi Parshad Bhatnagar became a member of Bhatnagar''s Co-operative House Building Society Ltd. The said Co-operative Society allotted plot No. 86 in Chitra Vihar, Delhi to the said Mr. A.P. Bhatnagar. Perpetual sub-lease deed dated 30.5.1981 was executed in his favour. Mr. Bhatnagar nominated his wife Smt. Shanti Devi Bhatnagar. He died on 21.7.1983. The nominee applied for transfer of the plot in her name alongwith ''No Objection Certificate'' of the Co- operative Society on 9.11.1983. Her name was duly mutated on 3.1.1984. Smt. Shanti Devi nominated her grandson Dr. Aseem Bhatnagar, complainant herein, on 14.2.1984. She died on 14.4.1986. The complainant informed the D.D.A. for transferring the plot in his name and furnished various documents required in this behalf. The complainant found that the Co-operative Society adopted an unhelpful attitude. He, therefore, filed a representation before the Registrar, Cooperative Societies. By order dated 17.5.1992 the Registrar, Co-operative Societies directed the Bhatnagar Co-operative Society to substitute the name of the complainant for that of Smt. Shanti Devi. Inspite of repeated representations and furnishing the documents required by the D. D.A., the D.D.A. failed to transfer the plot in favour of the complainant and hence this complaint seeking a direction to D.D.A. to transfer the plot in complainant''s name and to pay Rs. 5 lacs as compensation for the inconvenience and mental agony suffered by the complainant.

THE plea of the opposite party is that the complainant is not a ''consumer'' and in the alternative it is stated that the case involved complicated questions of fact and the complainant should be relegated to his remedy in the Civil Court. It was admitted that the plot had been mutated in favour of Smt. Shanti Devi being nominee of the original perpetual sub lessee Shri Anandi Prasad Bhatnagar. It was further stated that according to an old affidavit furnished by Smt. Shanti Devi during her lifetime. She had one son and a daughter who were heirs of Class-1 and unless those persons furnished a deed of relinquishment in favour of the present complainant, the plot could not be transferred in his name. When the case came up for hearing today, the complainant stated that he had already furnished relinquishment deed executed by Surinder Prasad Bhatnagar, son and Smt. Kamlesh Bhatnagar, daughter, heirs of Class-1 of Smt. Shanti Devi, duly registered in the office of the Sub-Registrar to the D.D.A. vide complainant''s letter dated 26.8.1996, in reply to D.D.A''s letter dated 31.5.1995.

We have heard Mr. Shailender Bhargava, Advocate for the complainant and Mr. S.C. Varshney, Advocate for the opposite party and have perused the records.

IT has not been disputed that the complainant was nominee of Smt. Shanti Devi Bhatnagar, deceased. He has also furnished copy of the relinquishment deed executed by his father Mr. Surinder Prasad Bhatnagar and father''s sister Smt. Kamlesh Bhatnagar, who were the only heirs of Class-1, surviving Smt. Shanti Devi Bhatnagar. IT is also not disputed that the Registrar Co-operative Societies has directed the Co-operative Society to transfer the plot in favour of the complainant. No other difficulty having been brought to our notice, we direct the opposite party to transfer the plot in favour of the complainant. In the facts and circumstances of the case, the delay in carrying out the transfer has not been shown to have resulted in any pecuniary loss to the complainant. A token amount of damages would, therefore, meet the ends of justice. We allow the complaint, direct the opposite party to transfer the said plot in favour of the complainant on the basis of his being the nominee of the last holder, namely Smt. Shanti Devi Bhatnagar together with Rs. 500/- as damages and an equal amount as costs. This order shall be complied with within six weeks from the date of receipt of a copy of this order. Both the parties be informed. Complaint allowed. ____________