| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 342 of 2015 Date of Institution: 27-05-2015 Date of Decision: 22.03.2016 Inderjit Bhatia son of late Sh.Mehal Chand, resident of House No. 434, Urban Estate, Phase-II, Dugri, Ludhiana. Complainant Versus Amritsar Improvement Trust, through its Chairman, having office at Ranjit Avenue, Amritsar. Opposite Party Complaint under section 12 read with section 13 of the Consumer Protection Act, 1986. Present: For the Complainant: Sh. Nitin Chaudhary, Advocate For the Opposite Party: Sh. Rajesh Bhatia, Advocate Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Inderjit Bhatia under the provisions of the Consumer Protection Act alleging therein that the Opposite Party got published advertisement in the newspaper thereby inviting applications for allotment of freehold residential plots in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar, and in pursuance of said advertisement, the complainant applied for a plot measuring 250 square yards vide application No. 014864 under pensioner’s category and deposited the requisite earnest money of Rs.1,65,000/- vide demand draft No. 164211 dated 30.01.2009. On 2.9.2009 the draw of plots was held at office of Opposite Party and the complainant was placed at Serial No.1 of waiting list of pensioner’s category. Complainant alleges that on 22.01.2010 one of the allottees namely Smt.Harjit Kaur wife of Jasbir Singh applied to the Opposite Party for the cancellation of allotment of Plot No. 117-B measuring 250 square yards, allotted to her, due to her financial condition and as she wanted to marry her daughter and she also requested for refund of her earnest money of Rs.1,65,000/-. After considering the request of Smt.Harjit Kaur, the Opposite Party passed resolution No. 31 dated 17.09.2010 to refund the earnest money to said Harjit Kaur. The complainant came to know about the surrender of said plot by Smt.Harjit Kaur. He requested Opposite Party vide letter dated 11.4.2010 to allot said plot No. 117-B measuring 250 square yard situated in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar to him as the complainant was at serial No.1 in waiting list of pensioner’s category. Said request letter of the complainant was received by Opposite Party vide diary No. 323 dated 19.04.2010, but no action was taken by Opposite Party. Again the complainant gave reminder dated 25.2.2011 to which the complainant received reply from Opposite Party vide letter dated 15.3.2011 to the effect that the application of the complainant would be considered after getting approval from Local Bodies Department (Government of Punjab), Chandigarh to whom they have written letter dated 28.3.2011. Ultimately, Local Bodies Department (Government of Punjab), Chandigarh gave necessary approval to the Opposite Party. Complainant approached Opposite Party so many times to issue allotment letter of plot surrendered by aforesaid Smt.Harjit Kaur, but the Opposite Party did not issue said plot to the complainant. Then the complainant received letter dated 20.4.2012 vide which the Opposite Party informed the complainant that there is no ground for allotment of the plot to the person in the waiting list after a lapse of 2 years. Complainant further alleged that he again wrote letter dated 1.5.2012 to Opposite Party. Opposite Party again replied through letter dated 29.5.2012 to the complainant, and told the complainant that there was no ground for allotment of the plot to the person in the waiting list after a lapse of 2 years. Complainant again wrote letter dated 30.5.2012 to Opposite Party and the Opposite Party sent reply dated 25.7.2012 again telling the complainant that the aforesaid plot surrendered by Smt.Harjit Kaur could not be allotted to the waiting list candidates after a lapse of period of 2 years and that plot shall be sold in open auction. So, regarding reconsideration of the aforesaid decision, only the government is competent, so the matter would be written to the government in this regard. Then the mater was referred to the government, but the Local Bodies Department (Government of Punjab), Chandigarh vide memo dated 2.1.2013 confirmed that there is no direction from the government for allotment of the plot to the persons in the waiting list after a lapse of 2 years. Thereafter, the complainant filed Writ Petition No.8131 of 2013 before Hon’ble High Court of Punjab & Haryana at Chandigarh and passed an order with a direction to Opposite Party to consider the above-mentioned claim of petitioner/ complainant and dispose it of by passing a speaking order within a period of three months from the date of receiving a certified copy of this order. Then the Opposite Party considered the case of the complainant and issued allotment letter dated 6.4.2015 thereby the Opposite Party allotted Plot No. B-725 measuring 250 square yards in the same Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar, to the complainant instead of plot No. 117-B. Complainant submitted that the Opposite Party has not adhered to the norms and principles of law as well as of natural justice and also charging additional charges, totally opposite to the original prospectus issued before allotment of plots and it amounts to deficiency of service on the part of the Opposite Party. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to allot plot No. B-725 measuring 250 square yards situated in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar, in favour of complainant at the original rate of Rs.6600/- per square yards, 4% cess, 10% interest charges on balance 75% without charging any additional rate. Compensation and litigation expenses were also demanded.
- On notice, Opposite Party appeared and filed written version in which it was submitted that the complainant has applied for allotment of plot, to the Opposite Party and after draw of lots the complainant was in the waiting list of Opposite Party at serial No. 1, but as per government rules and instructions, no person can be given plot, if his name is in the waiting list and the time of waiting period expired which was more than six months, but on compassionate grounds the complainant be given the above said plot and after approval from the government in the special circumstances. Moreover, it is very much necessary for the complainant to execute the agreement within 30 days as per his agreement the complaint has not fulfilled the requirement as per the agreement with the Opposite Party. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C16 and closed the evidence on behalf.
- Opposite Party tendered into evidence affidavit of Sh.Sandeep Rishi, Chairman Ex.OP1 alongwith documents Ex.OP1/A alongwith other documents Ex.OP2 to Ex.OP17 and closed the evidence.
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that in response to advertisement published by Opposite Party inviting applications for allotment of freehold residential plots in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar, applied for a plot measuring 250 square yards vide application No. 014864 under pensioner’s category and deposited the requisite earnest money of Rs.1,65,000/- vide demand draft No. 164211 dated 30.01.2009. On 2.9.2009 the draw of plots was held at office of Opposite Party and the complainant was placed at Serial No.1 of waiting list of pensioner’s category. Complainant submitted that on 22.01.2010 one of the allottees namely Smt.Harjit Kaur wife of Jasbir Singh applied to the Opposite Party for the cancellation of allotment of Plot No. 117-B measuring 250 square yards, allotted to her, due to her financial condition and as she wanted to marry her daughter and she also requested for refund of her earnest money of Rs.1,65,000/-. After considering the request of Smt.Harjit Kaur, the Opposite Party passed resolution No. 31 dated 17.09.2010 to refund the earnest money to said Harjit Kaur. The complainant came to know about the surrender of said plot by Smt.Harjit Kaur. He requested Opposite Party vide letter dated 11.4.2010 to allot said plot No. 117-B measuring 250 square yard situated in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar to him as he was at serial No.1 in waiting list of pensioner’s category . Said letter was received by Opposite Party vide diary No. 323 dated 19.04.2010, but no action was taken by Opposite Party. Complainant gave reminder dated 25.2.2011 to which the complainant received reply from Opposite Party vide letter dated 15.3.2011 to the affect that the application of the complainant would be considered after getting approval from Local Bodies Department (Government of Punjab), Chandigarh to whom they have written letter dated 28.3.2011. Ultimately, Local Bodies Department (Government of Punjab), Chandigarh gave necessary approval to the Opposite Party. Complainant approached Opposite Party so many times to issue allotment letter of plot surrendered by aforesaid Smt.Harjit Kaur, but the Opposite Party did not issue said plot to the complainant. Then the complainant received letter dated 20.4.2012 Ex.OP16 vide which the Opposite Party informed the complainant that there is no ground for allotment of the plot to the person in the waiting list after a lapse of 2 years. Complainant again wrote letter dated 1.5.2012 to Opposite Party. Opposite Party again replied through letter dated 29.5.2012 Ex.OP14 to the complainant, again telling the complainant that there was no ground for allotment of the plot to the person in the waiting list after a lapse of 2 years. Complainant again wrote letter dated 30.5.2012 to Opposite Party and the Opposite Party sent reply dated 25.7.2012 Ex.OP13 again telling the complainant that the aforesaid plot surrendered by Smt.Harjit Kaur could not be allotted to the waiting list candidates after a lapse of period of 2 years and that plot shall be sold in open auction. So, regarding reconsideration of the aforesaid decision, only the government is competent, so the matter would be written to the government in this regard. Then the mater was referred to the government, but the Local Bodies Department (Government of Punjab), Chandigarh vide memo dated 2.1.2013 confirmed that there is no direction from the government for allotment of the plot to the persons in the waiting list after a lapse of 2 years Ex.OP10. Thereafter, the complainant filed Writ Petition No.8131 of 2013 before Hon’ble High Court of Punjab & Haryana at Chandigarh in which following order dated 12.4.2013 Ex.C6 was passed.
“We deem it appropriate to dispose of this writ petition with a direction to respondent No.3 to consider the above-mentioned claim of petitioner and dispose of it by passing a speaking order within a period of three months from the date of receiving a certified copy of this order.” Then the Opposite Party considered the case of the complainant and issued allotment letter dated 6.4.2015 Ex.C8 thereby the Opposite Party allotted Plot No. B-725 (Corner plot) measuring 250 square yards in the same Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar, to the complainant instead of plot No. 117-B. Complainant submitted that in the said allotment letter, Opposite Party mentioned the rate of plot @ Rs.9600/- square yard in place of Rs.6600/- per square yard and the cess charges were increased to the extent of 4% to 6% on total cost of plot. Apart, the rate of interest on 75% balance amount was also increased from 10% to 12% prevalent in the year 2015. Opposite Party has also charged extra charges for granting plot. In protest, the complainant wrote letter dated 10.4.2015 to the Opposite Party. Opposite Party submitted reply vide letter dated 30.4.2015 Ex.OP1/A that the earlier rates of plots were just oral one, which can not be charged at this point of time in the year 2015. Moreover, the complainant did not raise any objection while receiving allotment letter. As such, he can not now raise this point. The complainant submitted that he was forced to make the payment of plot of Rs.4,95,500/- and Rs.1,58,400/- as cess, etc in all Rs.6,53,900/- extra to the Opposite Party. Opposite Party has imposed additional liability of Rs.12,53,000/- on the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant. - Whereas the case of the Opposite Party is that the complainant has applied for allotment of plot, to the Opposite Party and after draw of lots the complainant was in the waiting list of Opposite Party at serial No. 1, but as per government rules and instructions, no person can be given plot, if his name is in the waiting list, after six months as the waiting period expired after 6 months from the date of allotment of the plot. The complainant was given plot in question on compassionate ground and that too in the year 2015 vide allotment letter dated 6.4.2015 Ex.C8, whereas the waiting list expired in 2010 and the Opposite Party has charged rates of plot prevailing in the year 2015 i.e. on the date 6.4.2015, from the complainant. Opposite Party further alleged that the complainant was to execute agreement with the Opposite Party within 30 days, but the complainant did not fulfill the requirements as per the agreement with the Opposite Party. Ld.counsel for the Opposite Party submitted that the complainant filed writ petition before Hon’ble High Court of Punjab & Haryana and Hon’ble High Court of Punjab & Haryana at Chandigarh vide order dated 12.4.2013 passed the order that without expressing any view on merits of the claim of the complainant, Hon’ble High Court of Punjab & Haryana at Chandigarh deemed it appropriate to dispose of this writ petition with a direction to Opposite Party to consider the claim of the petitioner and dispose of it by passing a speaking order within a period of three months from the date of receiving a certified copy of the order. Resultantly, Opposite Party considered the case of the complainant on compassionate ground and referred the matter to Local Bodies Department (Government of Punjab), Chandigarh and on receipt of the approval from the Government of Punjab, he was allotted plot in question i.e. plot No. B-725 (Corner Plot) in Mall Mandi (Shri Guru Tegh Bahadur Nagar) Scheme, Amritsar vide allotment letter dated 6.4.2015 Ex.OP2 @ prevalent in the year 2015 i.e. on 6.4.2015. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the Opposite Party.
- From the entire above discussion, we have come to the conclusion that complainant applied for plot measuring 250 square yards vide application No.014864 under pensioner’s category and deposited the requisite earnest money Rs. 1,65,000/- with the opposite party on 30.1.2009. On 2.9.2009 draw of lots, was held but the complainant was not successful. However, he was placed at Sr. No. 1 of waiting list of pensioner’s category. One Smt.Harjit Kaur w/o Jasbir Singh who was allotted plot No. 117-B measuring 250 sq.yds in Mall Mandi (Sh. Guru Teg Bahadur Nagar) Scheme, Amritsar, applied to the opposite party for the cancellation of the allotment due to her financial condition as she wanted to marry her daughter. She also requested for refund of her earnest money Rs. 1,65,000/-. The complainant submitted that when he came to know regarding this application for surrender of plot and refund of earnest money submitted by Smt.Harjit Kaur, he requested the opposite party vide letter dated 11.4.2010 to allot the said plot to the complainant, as he was placed at Sr.No.1 in the waiting list of Pensioner’s category. As Smt.Harjit Kaur has submitted some amount of the plot allotted to her i.e. Rs. 1,65,000/-, she applied to surrender the plot with rider that she be refunded that amount of Rs. 1,65,000/- , so it was decided that matter be put up in the meeting of the trust vide order dated 29.5.2010. Resultantly in the meeting of the trust dated 17.9.2010 resolution No. 38 was passed and it was decided that as Harjit Kaur wanted to surrender her plot and requested for refund of the amount deposited by her with the opposite party pertaining to that plot as she wanted to marry her daughter, so on compassionate ground her request was allowed and it was decided that amount deposited by Smt.Harjit Kaur regarding the plot bearing No. B-117 be refunded to said Harjit Kaur. So this plot surrendered by Harjit Kaur became available to the opposite party for further allotment on 29.5.2010. The waiting list is valid for six months, so, that plot could not be allotted to the complainant as the waiting list had already expired w.e.f. 2.3.2010. So it was clearly informed to the complainant that the said plot bearing No. B-117 in the Mall Mandi Scheme could not be allotted to the complainant . Reply of the complainant was also referred to the Govt. and the Punjab Govt. Local Bodies Department , Chandigarh has categorically told the opposite party vide letter dated 2.1.2013 Ex.OP10 that as the draw of lot was conducted on 2.9.2009 and as per the instructions of the Govt. there is no provision regarding allotment of plot to the candidates placed in the waiting list. Moreover, no question arises to allot the plot to the candidate in waiting list after a lapse of a period of three years. As such the Govt. rejected the case of the complainant for allotment of plot to the complainant being placed in the waiting list at Sr.No.1. The complainant filed writ petition before the Hon’ble High Court of Punjab & Haryana High Court in the Civil Writ Petition No.8131 of 2013 and the Hon’ble High Court passed the following order on 12.4.2013 Ex.C-6 that :-
- “Considering the nature of relief sought in this writ petition, however, without expressing any views on merits of the claim of the petitioner, we deem it appropriate to dispose of this writ petition with a direction to respondent No. 3 to consider the claim of the petitioner and dispose of it by passing a speaking order within a period of three months from the date of receiving a certified copy of this order”
- In view of the aforesaid order of the Hon’ble High Court, opposite party considered the case of the complainant and decided to allot another plot bearing No. B-725 (corner) measuring 250 sq.yds in the same scheme i.e. Mall Mandi Scheme ,Amritsar and sent the case for the approval of the Govt. Govt. of Punjab, Local Bodies Department approved the proposal given by the opposite party regarding the allotment of the aforesaid plot to the complainant.
- Resultantly with the consent of the complaint, plot No. B-725 corner measuring 250 sq.yds was allotted to the complainant vide allotment letter No. AIT/SS/68 dated 6.4.2015 Ex.C-8 but he was allotted plot in question at the rate prevalent on the date of allotment of plot to the complainant i.e. on 6.4.2015. Ld.counsel for the complainant submitted that the plot should be allotted to the complainant at the rate prevalent in the year 2009 when the draw of lot was conducted and when the other allottes were allotted plots in the Mall Mandi Scheme i.e. in the year 2009. Here we do not agree with this contention of the ld.counsel for the complainant because the complainant could not claim the allotment of plot on the terms & conditions of 2009, as a matter of right because, he was not a successful allottee in the draw of lot held on 2.9.2009, however, he was placed at Sr.No.1 in the waiting list . Firstly there is no provision for preparing waiting list as held by the Govt.of Punbab, Local Bodies Department in their letter Ex.OP10. Moreover, the waiting list is valid only for six months and the said waiting list was never extended by the Govt . or by the opposite party. Resultantly , that waiting list expired on 2.3.2010. Smt.Harjit Kaur had applied to surrender her plot bearing No. B-117 in the Mall Mandi Scheme with rider that she be refunded the amount deposited by her against this plot. All this shows that said Harjit Kaur did not surrender the plot unconditionally but she requested for the refund of the entire amount she has deposited against this plot. So the opposite party decided to put up the matter in the meeting of the Amritsar Improvement Trust,Amritsar vide order dated 29.5.2010 and the matter was put up in the meeting of the Improvement Trust on 17.9.2010 in which resolution No. 38 was passed on 17.9.2010 whereby the Improvement Trust agreed to refund the entire amount deposited by Harjit Kaur against this plot. So this plot No. B-117 became available to the opposite party for further allotment on 17.9.2010 when the waiting list had already expired. Moreover , Govt.of Punjab , Local Bodies Deparetment vide letter Ex.OP10 dated 2.1.2013 has categorically directed the opposite party that the complainant cannot be allotted plot against the waiting list as a period of 3 years has already expired. Even in the Writ Petition No. 8131 of 2013, the Hon’ble High Court directed the opposite party to consider the claim of the petitioner and dispose it of by passing a speaking order. The Hon’ble High Court has not directed the opposite party to allot the plot to the complainant. Opposite party, however, taking a lenient view as the complainant has not withdrawn the earnest money which he had already deposited with the opposite party, decided to allot the plot bearing No. B-725 (corner) measuring 250 sq.yds in the same scheme i.e. Mall Mandi Scheme, Amritsar and sent the case to the State Govt., Local Bodies Department, and after getting approval from the Local Bodies Department, this plot No. B-725 (corner) measuring 250 sq.yds in Mall Mandi scheme was allotted to the complainant vide letter dated 6.4.2015 Ex.C-8 and the opposite party allotted this plot to the complainant at the collector rate/charges prevalent at the time of allotment i.e. on 6.4.2015. Opposite party was justified in charging the price of the plot allotted to the complainant at collector rates prevalent at the time of allotment of the plot in question to the complainant.
- Resultantly we hold that there is no deficiency of service on the part of the opposite party qua the complainant.
- Consequently, we hold that there is no merit in the complaint and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
22.03.2016 (Bhupinder Singh ) President /R/ (Kulwant Kaur Bajwa) (Anoop Sharma) Member Member | |
