COL.H.S.NAHAL vs PUNJAB URBAN DEVELOPMENT AUTHORITY

THE complainant applied for one Kanal residential plot in 1974-75. THE Bank draft No. CK-956444 dated 1.3.76 for Rs. 2.000/- was deposited with the respondent at their office in Sector 18A, Chandigarh and its acknowledgement was received vide Annexure C-l. THE complainant reminded the respondent for allotment of the plot on 12.2.77, 19.10.77 and 24.11.77 Annexures C- 2 to C-4 but of no avail. THEre were further letters reminding the respondent in this regard which are Annexures C-5 and C-6. THE complainant further wrote letters on 5.5.78, 6.4.88, 4.3.92 and thereafter sent his representation to the Governor of Punjab on 12.12.94. THEre was no response except that the name of the complainant was formally registered for the allotment of a plot at Mohali. THE complainant has claimed the following reliefs "(a) To allot one Kanal plot to the complainant immediately or in alternative pay, (b) Cost of one Kanal plot at Government/Estates Officer rates Rs. 7.00 lacs; (c) Compensation for agony, desperation, uncertainty and delay of approx 20 years Rs. 12.5 lacs. Total: Rs. 19.5 lacs"

IN a reply filed on behalf of the respondent the fact of depositing the sum of Rs. 2,000/- by means of Bank draft has been admitted after verification from the accounts branch. It has also been averred that the name of the complainant was not included in the batch of persons whose names were included as his case was not transferred to the respondents in 1988. At any rate it is undisputed that the name of the complainant was registered as an applicant for one Kanal plot on 1.3.76 as soon as he had deposited the sum of Rs. 2,000/- with the Estate Officer at House No. 102, Sector 18A, Chandigarh. This is also very well established from Annexure C-8 that the name of the complainant was registered at Sr. No. 497 for allotment of one Kanal plot at Mohali. The fact that this applicant was not considered for allotment at the appropriate time was a kind of continued deficiency on the part of the respondent.

After perusal of the complaint, reply and hearing the learned Counsel for the parties, the complaint succeeds and it is ordered that one Kanal plot shall be allotted to the complainant by the respondent as early as possible and certainly within six months of this order on the rate which was prevailing on 5.8.88, the date on which Annexure R-l was issued. The complainant shall also be entitled to interest @ 18% p.a. on the sum of Rs. 2,000/- from the date it was deposited till the allotment of plot. The amount of interest may be adjusted in the price of plot. Besides this complainant shall also be entitled to costs Rs. 5.000/-.

ANNOUNCED. The order be communicated to the parties free of charges. Complaint allowed with costs.