Chandigarh, September 24
A local court has dismissed a civil suit of an allottee seeking Rs 10 lakh as damages for causing harassment and interest loss due to a delay in construction and delivery of possession of a flat in a housing scheme launched in 2008 in Sector 63 by the Chandigarh Housing Board.
In the civil suit, Chaman Lal Goyal, a resident of Sector 27-A, Chandigarh, stated that he had applied in a Self-financing Housing Scheme 2008, Sector 63, for allotment of a flat in category ‘B’ on April 29, 2008.
As per the brochure of the scheme, a timeline was provided for conducting preliminary draw of lots and a second draw of lots. Thereafter, an acceptance-cum-demand letter was to be issued. The draw of lots, which was to be conducted on or before October 30, 2008, was not conducted and as such acceptance-cum-demand letter was not issued in the time frame. He claimed that the CHB did not comply with the conditions of the scheme and as such he is entitled to the interest on the amount received by the defendant from April 29, 2008. He said the cost of the flat was also enhanced due to an amendment in the layout plan. He said since the flat was not delivered to him, as was agreed, he faced harassment and as such was also entitled to compensation.
Vikas Jain, counsel for the CHB, stated that the suit was not maintainable and there had been no delay on part of the defendant for giving the delivery of the flat. He argued that the plaintiff had given a declaration to the effect that he shall not claim any interest on the amount deposited by him for allotment of the dwelling unit under the scheme. He said the plaintiff even gave an undertaking to pay higher price due to the change in layout plan/design, specification or increase in the price of building material, labour charges, land cost or due to any other reason and that the price of flat, which was to be finally fixed by the board, was to be binding upon him.
After hearing the arguments, Mayank Marwaha, Civil Judge (Junior Division), dismissed the suit.
