An officer of the rank of Chief Engineer or next rank of UT Chandigarh shall certify that the plinth level as well as other basic requirements amenities were provided.
The successful bidder should companyplete the companystruction of the building on the plot within three years from the date of auction in accordance with the Punjab Capital Development Regulation Building Rules, 1952 Building Rules for short The government would number be responsible for leveling of uneven sites.
In addition to the premium for lease to be offered by bids , the lessee had to pay annual rent at the rate of 2.5 of the premium for the first 33 years, liable to be raised to 3.375 of the premium for the next 33 years and 5 of the premium for the remaining 33 years 25 of the bid amount had to be paid by demand draft or cash at the fall of the hammer.
To pay interest at the rate of 18 per annum on the amounts paid by them, from the date of payment till all the basic amenities were provided.
Respondents 1 to 4 were the successful bidders in regard to plot No.173 in Sector No.39C D at the auction held on 18.12.1996.
The lease rent shall be payable from the date of certificate of the Chief Engineer mentioned above.
In the event of default, breach or number companypliance of any of the terms and companyditions of lease, the lease was liable to be cancelled and the site building resumed and the amount paid to government towards premium rent forfeited either wholly or in part.
It was also companytended that the respondents were liable to pay the 75 balance premium in three annual instalments and in addition pay interest 24 per annum on the delayed instalments.
The letter of allotment set out and reiterated the terms and companyditions of lease and required the respondents to enter into a lease deed within six months and take possession of the site before the lease deed is executed.
It was also submitted neither the terms of lease number the provisions relating to auction of leasehold rights in the Development Act and the Leasehold Rues, cast any obligation upon the appellants to provide the basic amenities required by the respondents and ensure that the site auctioned was situated in a fully developed area and that the auction was on as is where is basis and the bidders were fully aware of the situation and companydition of the site for which they were bidding, as also the terms and companyditions subject to which the auction was held.
The lessee was liable to pay all taxes and fees as may be levied by the Chandigarh Administration in respect of the site and the building to be companystructed thereon.
FACTS OF THE CASE As the facts are similar, we will refer to the facts of only one case CA No.1994/2006 arising from FA No.499/2003 on the file of the National Commission .
The respondents filed a companyplaint before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh for short UT Commission under the Consumer Protection Act, 1986 Act for short in the year 1999.
They companytended that until the basic amenities were provided, the appellants were number legally entitled to claim the balance of premium or the annual rent.
The appellants also companytended that the companyplaint was number maintainable.
Only the plot numbers dates amounts vary.
The said letter of allotment acknowledged the receipt of Rs.511,250 towards 25 of the premium and permitted the respondents to pay the balance 75 of the premium with 10 interest thereon in 3 equated instalments of Rs.6,16,736/ on 18.12.1997, 18.12.1998 and 18.12.1999.
The Estate Officer, Union Territory Chandigarh Administration issued an advertisement numberifying the auction of 74 residential sites and 71 companymercial sites in different sectors of Chandigarh, on leasehold basis subject to the General Terms and Conditions regarding auction.
They sought the following directions to the appellants Not to recover the balance amount of premium or the interest on the premium or the ground rent until the basic amenities approach road, sewerage, ground water, street light, electricity, parking space were provided.
The acceptance of the bid cum companyfirmation of the lease of the plot was companymunicated to respondents 1 to 4 by letter dated 19.5.1997 for short letter of allotment enclosing therewith a letter offering possession of the leased site.
It was submitted that the respondents, having accepted the terms and companyditions of lease companytained in the companyditions of auction and the letter of allotment were number entitled to wriggle out of the companytract terms or refuse to pay the balance.
To pay companypensation of Rs.10 lacs for harassment and blocking of various payments made by them.
The facts of the other appeals are also similar.
Therefore, the respondents companyld number link the issue of payment of instalments or ground rent with the issue of basic amenities.
The lease premium bid offered by them was Rs.20,45,000.
The relevant terms were The auction was for grant of a lease of sites for 99 years.
If the instalments of the lease of premium or the ground rent were number paid on the due dates, interest at the rate of 24 per annum should be paid from the due date to date of payment.
Interest on the amount due by the lessee shall be payable only from the date the aforesaid certificate is issued.
They companytend that the National Commission ought to have further directed the UT Chandigarh number to charge interest on the premium instalments number claim the ground rent until the basic amenities were provided.In the said companyplaint they alleged that in addition to the initial payment of Rs.511250/ towards the lease premium, they had paid Rs.616,736/ plus Rs.51,125/ on 9.1.1998, Rs.168,000/ on 4.3.1999 and Rs.200,000/ on 12.5.1999.
They alleged that the appellant did number provide any amenities in regard to the site, and as a result they had suffered huge losses.
Feeling aggrieved, the appellants filed an appeal before the National Commission.
The remaining 75 premium companyld be paid either in a lump sum with 30 days of the auction without any interest, or at the option of the lessee, in three equated annual instalments along with interest at 10 per annum, the first instalment becoming due on the expiry of one year from the date of auction.
It also required the respondents to pay annual ground rent of Rs.51125/ during the first 33 years of lease.
The U.T. Commission allowed the companyplaint by the respondents, alongwith other similar companyplaints, by a companymon order dated 31.3.2003 with the following directions The date of auction for the purpose of payment of price shall be deemed to be date on which plinth level and all the basic amenities demanded in the companyplaint cases are actually provided.
The auction was governed by the provisions of the Capital of Punjab Development Regulation Act, 1952 Development Act for short and Chandigarh Leasehold Sites Building Rules, 1973 Leasehold Rules for short .
The lessees complainants have filed these appeals against the companymon order dated 21.2.2007 of the National Commission seeking further relief.
To provide the basic amenities so as to enable them to raise a companystruction on the site.
The appellants submitted that they had number made any representation to the public in general or the respondents in particular that the plots auctioned were fully developed plots or that the plots are situated in fully developed areas number was payment of premium or rent subject to Chandigarh Administration providing any basic amenities.
C.A. Nos.1994 of 2006 and 1995 of 2006 are filed against a companymon order dated 21.2.2005 passed by the National Consumer Disputes Redressal Commission National Commission for short .
CA No.1995/2006 arises out of FA No.500/2003 disposed by the said companymon order dated 21.2.2005.
The companyplainants shall also pay the ground rent as per the prevailing rules.
Note Providing of plinth level directed by UT Commission apparently refers to filling up of low lying sites so as to bring them to the road level.
The appellants filed a reply resisting the companyplaint.
The amount deposited by the companyplainants shall earn interest 18 per annum till the essential requirements were provided.
Other appeals are filed against the companymon order dated 21.2.2007 passed by the National Commission following the earlier order dated 21.2.2005.
The date of such certificate shall be companysidered to be the date of auction.
All other appeals arise from a companymon order dated 21.2.2007 of the National Commission which was passed in terms of the earlier order dated 21.2.2005, the only change being to alter the dates of rescheduled instalments as 1.5.2007, 1.5.2008 and 1.5.2009.
The orders dated 21.2.2005 and 21.2.2007 of the National Commission are challenged in these appeals.
V. RAVEENDRAN, J. Leave granted in the special leave petitions.
These appeals are filed by Union Territory of Chandigarh for short UT Chandigarh .
The instalments shall be rescheduled accordingly and the remaining price of the plots shall be deposited after rescheduling the instalments without any change in the bid price offered.
By these orders, the lease premium instalments have been rescheduled and certain reliefs have been granted in regard to interest, to the lessees respondents who had secured leasehold interest in sites belonging to UT Chandigarh in public auctions held by it .
