RAM SARUP vs State of Punjab

THE complainant had been Principal in Government Senior Secondary School, Nabha, District Patiala. He applied for 100 sq.yds. plot in Mohali in 1969 and deposited a sum of Rs. 560/- in this regard with the predecessor in interest of the respondent. THE complainant deposited a sum of Rs. 3,306/- on 14.1.75, Rs. 950/- on 20.1.75 and Rs. 2,356/- on 20.12.74. Originally the Estate Officer, Mohali issued two letters dated 24.6.75 and 15.9.75 for a smaller size plot of 100 yds. By overlooking his request for cancellation of smaller plot and his subsequent requirement of a bigger plot of 250 yds. THE respondent made a further demand of Rs. 1,194/- at the enhanced rate of Rs. 127.50 per square yard ignoring that the complainant was an old applicant. Now the respondent has demanded a further sum of Rs. 30,000/- as new earnest money telling that the rate of land now is Rs. 1,200/- per sq. yd. and the price of the plot of 250 yards may go above Rs. 3 lacs. THE complainant has prayed that the respondent be ordered to allot a plot of 250 sq. yds. at the old rate in response to the deposit of a total sum of Rs. 3,806/- made by him.

IN a reply the respondents Nos. 1 & 2 have averred that the complainant has rightly been required to deposit Rs. 30,000/- as earnest money for a probable allotment of 250 sq. yds. plot at the prevalent rate. The mere filing of an application for allotment of a plot did not vest any right on the complainant for allotment of a plot. The learned Counsel for the respondent has pointed out that though the complainant has availed the opportunity of amending the complaint yet the facts given in the original complaint dated 27.10.93 could not be ignored. We have perused the record which we requisitioned from the respondent and have gone through the applications made by Shri Ram Sarup, the complainant. The complainant originally applied for 10 marla plot on 30.8.69 and he had deposited Rs. 560/- the same day at the time he was a Lecturer at Amargarh. On 20.1.75 by means of a Registered letter he withdrew the demand for a smaller plot. On 10.5.76 he made a demand of 250 sq. yds. plot. On 7.3.81 he informed the respondent that he had remitted V4th price of a plot measuring 250 sq. yds., the total price of which was Rs. 15,225/-. On behalf of the respondents in para No. 5 of their reply the specific plea has been that the complainant failed to furnish the requisite affidavit on 24.6.75 and again on 15.9.75 that he did not possess any other plot. This appears to be the reason that his claim was not actively considered. Subsequently the price of the plot increased and the complainant was also informed about it by means of letter dated 12.12.84 that on account of enhancement of the price he was required to deposit the enhanced price. The complainant never fulfilled this condition.

The facts given above go to show that the complainant is challenging the enhancement of the price contained in letter dated 12.12.84. In the facts and circumstances we are of the view that the complainant had no legal right to challenge enhancement of the price which was conveyed to him long ago on 12.12.84. Besides this the complaint has been instituted on 27.10.93 and is clearly barred by time. The conclusion is that so far as the relief of allotment of the plot is concerned, there is no merit. However, it is ordered that the respondent shall refund the amount deposited by him together with interest @ 18% per annum from the date of deposit till realisation. The complaint stands disposed of.

ANNOUNCED. The orders be communicated to the parties free of charges. Ordered accordingly.