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Company commander in Kargil war, Retd Lt Col contests and wins case against real estate firm after 19 years

In his complaint at the forum, Lt Col Singh said that he had booked a residential plot of 150 square yards at Shalimar Estates to be developed on Panchkula – Saha – Delhi road via Gurdwara Nada Sahib.

Written by Jagpreet Singh Sandhu | Chandigarh | Published: June 26, 2020 10:29:47 am
Company commander in Kargil war, Retd Lt Col contests and wins case against real estate firm after 19 years Singh contested the case legal proceedings at the forum himself, rather than proceeding with an advocate. (Representational Image)

A Company Commander at Kupwara district of Jammu and Kashmir, who fought the Kargil War in 1999, has won another fight against a real estate firm Shalimar Estates at the Chandigarh Consumer Forum, after a 19-year long tussle.

The Chandigarh Consumer Forum has directed Shalimar Estates, and its Managing Director RK Agarwal to deliver the possession of the plot in question, complete in all respects, along with Rs 25,000 as compensation and Rs 10,000 as cost of litigation, to complainant Lt Col (retired) Jasbir Singh.

Singh contested the case legal proceedings at the forum himself, rather than proceeding with an advocate.

Speaking to Indian Express, Singh said, “I had bought the plot from Shalimar Estates for constructing my house and live there after retirement, but the real estate firm authorities did not bother to render its services.”

He added: “I retired from the services in 2019, and came back from Suratgarh in Rajasthan, which was my last posting. I tried hard to get the possession of my plot, but to no avail. Thus, I planned to contest the legal fight myself at the consumer forum.”

In his complaint at the forum, Lt Col Singh said that he had booked a residential plot of 150 square yards at Shalimar Estates to be developed on Panchkula – Saha – Delhi road via Gurdwara Nada Sahib.

The sale consideration of the plot was Rs 1,21,500, for which complainant paid Rs 12,150 (10 per cent of the amount) on December 22, 2001, and in total, he paid a sum of Rs 1,32,132 to the real estate firm. However, he was not handed over the possession of the booked plot.

Singh alleged that even after a lapse of more than 11 years, Shalimar Estates have not developed the project and have not even obtained any completion/occupation certificate from the authorities and have not executed the sale deed in favour of the complainant. Singh, thus, filed a formal complaint at the Chandigarh Consumer Forum in September 2019.

Following the notice, Sandeep Jasuja, appeared on behalf of Shalimar Estates, in November 2019. Thereafter, the firm was represented by advocate Varun Bhardwaj in January, but subsequently as no one appeared on behalf of the real estate firm, the forum ordered that it be proceeded against ex-parte.

After hearing the matter, the forum said, the real estate firm did not care to contest the case and as such, it can be concluded without any hesitation that either the real estate firm admits the claim of the complainant or have nothing to say in the matter.

“…Undoubtedly, the Opposite Parties (Shalimar Estate) have utilised the money of the complainant for a considerably long period and non-development of the area, non-handing over the possession of the plot and also non-execution of the sale deed in favour of the complainant and, to our mind tantamounts to deficiency in service and indulgence in unfair trade practice, and certainly caused immense mental and physical harassment to the complainant,” held the forum in the judgment.

The forum, thus, directed Shalimar Estates and its authorities to get the sale deed executed or registered in favour of the complainant with respect to the plot in question, on payment of remaining sale consideration, if any, by the complainant and the expenses of the sale deed will also be borne by the complainant.

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