Go to consumer forums for inexpensive redress
Sumant Batra
In 1983, I being the highest bidder, was allotted a plot for residential purposes. However, the possession of the plot was not given to me. As such, I filed a writ petition before High Court praying for handing over possession. The writ was allowed in my favour and the development authority was directed to allot and hand over possession of another plot as the plot earlier allotted was taken over by the Government for some scheme. The authorities allotted another plot to me. But later it transpired that the possession of the new plot allotted to me was under some encroachment. Finally, in the year 1995-96, I was given the possession of altogether different plot. Now can I claim damages etc. for the delay and harassment caused by the authorities? -- Shalini Singh, Delhi From the perusal of the facts stated by you, it is evident that there is deficiency in service on the part of the authorities concerned. As such, you can file either a suit for damages etc. before the Civil Court or the High Court
depending upon your claim. However, such a suit will attract court fees on the amount claimed by you. In the alternative, you can take recourse to consumer forums in which there is no court fee. In the end of 1995, I booked a shop with the builder and paid an earnest money of Rs 1,00,000 as part payment. Thereafter, I paid 25,000 each in March 1997. Recently, I visited the site of the commercial complex. I found that till date the builder has not even started the construction of the building. It has also come to my knowledge that the builder did not get the plan sanctioned and therefore the question of construction the building did not arise and thus I am suspicious about the builders creditability. Neither the builder has given any satisfactory explanation of delay in starting the construction. Please advise if I can claim the amount with interest from the builder. -- V K Grover, Meerut You have not specified any reason for non-sanctioning of the plant or any details about it. In case the
reasons are beyond the control of the builder or not due to any of his faults/omissions, then the builder can not be held guilty of unfair trade practice and/or deficiency in service. However, if the facts are contrary to the said situation, then he can be held guilty of unfair trade practice and deficiency in service and can be held liable to pay refund the amount deposited by you with interest as well as damages etc. Therefore, it would be appropriate to consult a lawyer and seek his/her advise after examination of all relevant documents. You may have to file a complainant and pray for aforesaid reliefs in the appropriate Consumer Forum. However, such a step should be taken after exploring all possibilities of settlement. I applied for allotment of a residential house in a housing scheme promoted by a Housing Board (HB) and was allotted a flat. I made all the payments as and when a demand was made by HB. The final payment was made in March 1995. As per the brochure of HB, the possession was to be
given to me on or before July, 1995. In May, 1995 I was posted to the US on deputation. After reaching the US, I wrote a letter on June 27,1995, and informed HB of my posting and requested it to direct all future correspondence at my US address. However, I did not receive any communication on my new address. After coming back to India, when I enquired about my flat and asked for possession thereto, HB by way of letter dated November 11, 1997, informed me that since nobody came to take possession of the flat despite various letters which were sent to me at my previous address, it had cancelled my allotment and had handed over the possession to someone else. Please advice me on the course of action for taking possession of the flat or in the alternative. --S Arora,, Delhi You have not stated as to whether you have any acknowledgement for receipt of your letter dated June 27, 1995, sent to HB. In case you have due acknowledgement from HB, then you may be in a position to defeat the entire basis
of the stand adopted by the Board. Even otherwise also you have a very good case. First, you should serve HB with a legal notice calling upon it to deliver the possession of the flat or in the alternative refund your money with interest and damages etc. within a stipulated period of time and on the failure/ neglect of HB to do the same, file a complaint before Consumer Forum/Commission praying for the aforesaid reliefs. You should contact a lawyer and take steps. I am a businessman running a shop-cum-office from a shop that has been in my family's possession for about 30 years. About 35 years ago my father had taken this shop on rent from a Marwari businessman to whom my father regularly paid rent for about five years and thereafter completely stopped paying rent as our business suffered a severe financial loss. However, no demand of rent was ever made by the landlord or any member of his family on his behalf. We continued to enjoy possession of the said shop and even started mentioning the address as our
official address on our letter heads. The business community with which we deal also recognise the said premises as our office. In 1980, we were informed by our source that the said landlord had expired and had left behind two sons as his only legal heirs. However, even the sons did not make any demands of rent, and only in 1982, approached us to leave the premises claiming a right over it but when we refused to do so they failed to take any action thereafter. It appears as if they have washed their hands of the case. I wish to know whether there is any legal manner in which I can become the owner of the premises. --B Ghosh, New Delhi From the contents of your letter, your case appears to be that of ownership by adverse possession. When a person is in possession for more than 12 years of a property of which he is not the owner and does not possess the said property under any legal right, he is said to be in adverse possession as against the legitimate owner. From the facts in your letter it
seems as though you had come into possession of the property as a legal tenant and continued to pay rent for a period of two years. Thereafter, however, since you failed to pay the due rent of the premises and no demand was made either by the landlord or his duly authorised agents on his behalf, the said relationship of landlord and tenant came to an end and your possession of the premises thereafter was adverse to the legitimate ownership rights of the said landlord. The period of limitation for recovery of the immovable property is 12 years from the date on which the right to recover the property accrues which in your case would be the date from which you stopped paying the due rent and continued in possession of the said property. Since the said limitation period appears to have elapsed in your case you can file a suit for the declaration in the appropriate civil court seeking a declaration to the effect that you are the owner of the said property. But please be informed that in such matters objections
to such declaration would be invited by the court from the general public which then would have to be contested by you. You are therefore advised to approach your lawyer in this regard.Sumant Batra is a practising Supreme Court advocate
Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.
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