The main legal point established in the judgment is the protection of consumer rights and the prohibition of unfair trade practices and deficiency in service under the Consumer Protection Act, 1986, and the rights of the complainant in seeking relief under the Indian Contract Act, 1872.

Mr. Justice J.D. Kapoor, President—Complainant was 50 years old when he booked two plots, one in his name and another in his wife’s name with the opposite party Urban Improvement Co. (P) Ltd. in Greenfield Society. Having waited for 45 years and having paid the entire consideration amount, he could not get the possession as the plots were cancelled in the year 2002 allegedly on non-payment of the amounts demanded from time to time on account of additional development charges. He is now 95 years old and has on account of wrongful cancellation of the plots, through this complaint, sought following reliefs:

A. Direct the respondent to immediately handover the peaceful possession to the complainant of the said plot No. N-94, measuring 223 sq. yds. booked in the name of the complainant and that of the said Plot No. N-135 measuring 267 sq. yds. booked in the name of late Smt. Mohan Devi Sharma the wife of the complainant or in the alternative direct inter alia to the respondent to pay a sum of Rs. 10,000 per sq. yards i.e. Rs. 22,30,000 for the said plot No. N-94 and Rs. 26,70,000 on the said plot No. N-135, to the complainant for non-delivery of the possession of the said plot and/or plots as the present market value of the said plot/plots with interest @ 24% from the date of filing the present petition till realisation of the said amount.

B. Direct the respondent to pay a suitable rather exemplary damages to the complainant for the respondent’s failure to hand over the timely possession of the said plot/plots to the complainant, as may be deemed fit and proper in the circumstances of the case.

2. Facts as disclosed by the complainant in short are that the complainant had booked two plots of land in the Greenfield Society with the OP in the year 1961 viz. one plot in his name and the second in the name of his wife late Smt. Mohan Devi Sharma, who expired on 7.3.1990 and consequently the name of complainant was substituted in her place. The payments towards cost of the said plots were made in stipulated instalments to the OP. The details of payments made by the complainant in respect of Plot No. N-94,(measuring 222 sq. yds) in his name are as under:

(a)

Total cost of the plot as per offer documents, including the cost of entire development work.

Rs.

3,145.50

(b)

15% paid on 18.2.1961

Rs.

472.00

(c)

20% paid on 11.9.1962

Rs.

629.00

(d)

20% paid on 15.10.1962

Rs.

629.00

(e)

20% paid on 23.10.1962

Rs.

629.00

(f)

20% paid on 16.3.1964

Rs.

629.00

3. The balance amount of the cost of plot was to be paid at the time of completion of the arrangement of lighting etc. But the project was delayed by the OP company. On 22.2.1967 the company demanded ‘Additional Development Charges’ (ADC) from the plot holders @ Rs. 6 per sq. yd. even though at the time of booking of plots there was no mention of such charges to be recovered from the plot holders. Every cost of development was included in the cost of the plot. The plot holders objected to the same and did not pay ADCs at that time.

4. On 2.9.1969 the OP advised that plot area had been increased by 50 sq. yds from 233 yds. but later on in May, 1982 it was actually decreased to 222 sq. yds. and the plot No. was also changed. In May 1982 i.e. after 15 years the OP company demanded Additional Development Charges (ADCs) @ Rs. 65 per sq. yd. and the same were paid through following instalments:

(g) 1st instalment of Rs.4,014.00 was paid on 10.8.1983 .

(h) 2nd instalment of Rs.3,300.00 was paid on 10.8.1984.

(i) 3rd instalment of Rs. 3,3300.00 was paid on 12.10.1985.

(j) 4th instalment of Rs. 4,400.00 was paid on 20.3.1987.

(k) On 20.3.1987 complainant paid Rs. 370.00 against interest on account of delay in deposit of ADCs.

5. In April, 1988 the OP Company asked the plot holders to deposit the cost of stamp papers and registration fee, but it took no steps for registration of the plots in the name of plot holders. Additional amount of Rs. 6,000 was deposited on A/c of change in area of plot on 16