PREM LATA BOURI vs PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (PUDA)

IN 1979 there was a scheme that urban plots shall be allotted at Mohali by preference in case the price is deposited in foreign currency. Dev Ram Bouri applied for such a plot and he became entitled to it, ultimately a 10 Marla plot was allotted to him. Unfortunately he died and Smt. Prem Lata Bouri, the present complainant resident of then 111 Milton Road, Upper Shirlex Southampton, 501 SJG (U.K.) became successor and the respondent issued a letter dated 14.10.1991 (Annexure C-2) demanding a sum of Rs. 1,19,859/- in foreign currency. This was deposited and the payment was received vide diary No. 3148 on 9.11.1992 (Annexure C-6). It appears that the respondent wanted some clarifications from Reserve Bank of INdia as to whether the amount received in the foreign currency from a British National could be credited in favour of the respondent. The answer was in the affirmative from Reserve Bank of INdia but this information was received quite late i.e. on 6.6.1996. The respondent has allotted residential plot No. 2218 measuring 262.5 Sq. Yds. in Phase 10, Urban Estate, S.A.S. Nagar, Mohali in favour of the complainant but has now quoted the total price as Rs. 9,45,000/- but is willing to adjust the amount received from the complainant earlier. The grievance of the complainant is that the respondent should be directed to affirm the allotment on the original price of Rs. 1,19,859/- already deposited and the demand for the enhanced price made on 13.7.1998 Annexure C-3 is unlawful.

ON behalf of the respondent it has been admitted that information regarding death of husband of the complainant was received on 12.7.1989 Annexure R-1 and it has been further averred that the respondent want clarification from Reserve Bank of India and in this regard a reference was made on 25.11.1994. It has further been averred that the price of the plot @ Rs. 3,600/- per sq. yds. fixed in July, 1998 is recoverable from the complainant and the complaint should be dismissed. We find that it is not disputed that the original application was made by Sh. Dev Raj Bouri, the husband of the complainant who was the original applicant and the sum of Rs. 1,19,859/- in foreign currency was deposited on 9.11.1992. The obligation on the part of the complainant was fulfilled on the aforesaid date. If the respondent required some clarifications from the Reserve Bank of India and if during the period of about 6 years the respondent has raised the rate of land in Mohali, the complainant cannot be held liable to pay the enhanced price in the circumstances of the case. Either the respondent should have sought the clarification from Reserve Bank of India before floating the scheme or at the most within a reasonable period of 6 months after having floated it and obviously deficiency on the part of the respondent is writ large. The conclusion is that the complaint succeeds, the allotment of the plot in favour of the complainant is affirmed on the price mentioned in the letter of the respondent dated 14.10.1991 (Annexure C-2) for a sum of Rs. 1,19,859/- already deposited. The possession of the aforesaid plot should be handed over to the complainant within 2 months. The complainant is also entitled to costs Rs. 1,000/-. In case the respondent fails to deliver the plot as mentioned above it shall also be liable to pay interest @ 18% per annum from the date of institution of this complaint till realisation. Complaint allowed.