Ludhiana Improvement Trust told to transfer Orient Cinema site to deceased allottee’s legal heirs
The District Consumer Disputes Redressal Commission, Ludhiana, has directed the Ludhiana Improvement Trust (LIT) to transfer the Orient Cinema site at Bhai Randhir Singh Nagar to the legal heirs of deceased allottee Kamaljit Singh, who are the complainants in the case, after receiving requisite documents from them
The District Consumer Disputes Redressal Commission, Ludhiana, has directed the Ludhiana Improvement Trust (LIT) to transfer the Orient Cinema site at Bhai Randhir Singh Nagar to the legal heirs of deceased allottee Kamaljit Singh, who are the complainants in the case, after receiving requisite documents from them.
As per the complaint submitted by Sukhmeen Kaur of Rajguru Nagar, her husband Kamaljit Singh had been allotted the site by LIT(opposite party in the case).
It stated that Kamaljit was the managing director of Sikri Multiplex Cinema Private Limited and the 3555.55 square-yard site was allotted to him by the trust in an open action after they accepted his bid of ₹1.08 crore.
She said that Kamaljit Singh deposited ₹10.66 lakh to the trust on August 3,1999 and ₹16.59 lakh on August 4, 1999, following which an allotment letter was issued in his favour on October 28, 1999. A formal agreement of sale was also executed by the trust in his favour on November 11,1999. Kamaljit deposited ₹21.25 lakh on February 1, 2000.
Eventually, Orient Cinema was opened under the Punjab Cinema (Regulation) Act after receiving permission from the district magistrate, Ludhiana, on April 13, 2001.
However, Kamaljit died in an accident on January 9, 2007, leaving behind Sukhmeen, his son Ishdeep Singh and daughter Zeenat.
Sukhmeen alleged that even though the entire outstanding amount including penalty, interest and restoration charges were deposited with the trust after Kamaljit’s death, officials deliberately didn’t execute sales deed in favour of the legal heirs.
The complaint further stated that Kamaljit’s executed Will, dated July 23, 2006, in favour of Sukhmeen had also been registered in the sub-registrar’s office as per LIT’s orders.
The LIP, while dismissing the complaint, said that in case of the death of an allottee, a legal heir certificate, succession certificate, court order and family settlement also need to be produced for execution of sales deed. The opposition party further contended that the property needs to first be transferred in the records of the trust in the name of legal heirs.
However, the commission in its order observed it is not in dispute that the site in question was allotted to Kamaljit Singh and the entire amount towards sale consideration and other charges stand paid.
“A copy of the Will in favour of Sukhmeen Kaur has also been placed on record. It was originally not registered, but it was done after Kamaljit’s death. In these circumstances, we are directing the Ludhiana Improvement Trust to record the transfer of the site in question in the name of the complainant on the basis of any of the relevant documents. The trust is at liberty to issue notice to all parties/relatives of Kamaljit before proceeding with the transfer and execution of sales deed.”