BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.208 of 2013

Date of Institution:13.03.2013

Date of Decision:17.02.2016  

Kanwaljit Singh son of Sh.Bhagwan Singh, resident H.No.121, Green Field Avenue, Amritsar.

Complainant

Versus

Amritsar Improvement Trust, Near Hotel Mohan International, Ranjit Avenue, Amritsar, through its Chairman/ Executive Officer. 

Opposite Party

Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date.

Present: For the Complainant: Sh.Updip Singh, Advocate

              For the Opposite Party: Sh.S.K.Saini, Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Kanwaljit Singh under the provisions of the Consumer Protection Act alleging therein that he is owner in possession of plot No. 486 with area of 250 square yards, originally allotted in the draw of lots and allotted vide allotment letter No. AIT/SS/11632 dated 17.10.2012 at 340 Acres Development Scheme of New Amritsar of Opposite Party against total price of Rs.9,51,700/-. The complainant made the payment of the installments as per schedule of Opposite Party. An agreement to sell for this plot was executed by the complainant on 22.01.2013.  The complainant wanted to construct his dream house over the plot in question, but is constrained to construct the same as the development work in the said colony has not been completed by Opposite Party so far. As per the scheme, the Opposite Party was to provide all the basic amenities for the purpose of inhabitation of the allottees of the plots, who construct the houses over there. These amenities include boundary wall, water supply, sewerage, storm water channels, roads & electricity and other amenities which are as per norms for the purpose of sale of plots in the developed colony. Moreover, for the purpose of inhabitation in the colony, basic amenities like sewerage treatment plant and continuous water supply, storm water channels is a must, and for the purpose of security of the inhabitants, boundary wall  of the colony has to be there. Till today, the development work in this colony of Opposite Party is not complete which could make allottees to construct houses and live there in good inhabitation condition, a few to mention that there is no proper sewerage system in the colony, and no sewerage treatment plant has been installed so far, which is a primary condition of the Punjab Pollution Control Board for the purpose of any residential colony to start sale of plots. Even clearance from Punjab Pollution Control Board was not sought for the purpose of starting the township, which is mandatory for all colonizers. The sewerage effluent is being disposed of in empty plots of the colony, and some part from there is pumped into the drain of irrigation department, which too is objecting to this disposal of refuse of the area untreated, putting those who dare to live over there, under risk of epidemic all the time. Due to this reason, the water being supplied is not potable, and not for for human consumption. This even causes air pollution. Moreover, the water supply system skeleton service too is incomplete as so far overhead water tank has not been constructed resulting into water supply for a limited period of time. Further to this, against the norms of Punjab Pollution Control Board, as well as other regulations controlling development of residential colonies, as per which, no industrial activity can be allowed in the immediate vicinity of the residential colony, but in this case, a lot of space in the colony itself has been given by Opposite Party on lease to Gamon India Limited to construct pressstressed girders for elevated road projects for the last many years, making a lot of industrial pollution in the area. Further, roads and foot paths in the area are still under construction, and so is the Storm Water Channel system. Further, rain harvesting system too has not been developed. Street lights too are not fully operational. Despite the projects of the Opposite Party being incomplete, due to which, complainant is not in a position to construct house  over the plot in question, Opposite Party is forcing the complainant to make payment of non construction fee, as demanded to the tune of Rs.2,48,251/- vide letter dated 15.3.2011. This letter was duly responded by the complainant vide letter dated 29.3.2011 as per which request was made to complete development of the area so that the complainant could construct the plot and have a peaceful living over there, but in vain.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to remove the deficiency in service and fully develop the area immediately and compensate the complainant to the extent, and withdraw the illegal demand notice dated 15.3.2011.   Compensation and litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that the plot in question was allotted to the complainant vide allotment letter No. AIT/SS/11632 dated 17.10.2002, at 340 Acres Development Scheme of New Amritsar of Opposite Party, against the total price of Rs.9,51,700/-. The complainant was bound to deposit the total price of the plot in question as per terms and conditions as prescribed in the allotment letter and the complainant was required to complete the construction of the plot within three years from the date of allotment of the plot after getting the demarcation and getting the proposed building plan approved from the  trust office. Further all the work/ amenities which was necessary for the purpose of inhabitation for the residents of the scheme were completed well in time by Opposite Party. But the complainant failed to start/ complete the construction of the plot in question. As per the terms and conditions of the allotment/ non construction of the plot in question, the Opposite Party imposed Rs.2,48,251/- as non construction fee upon the complainant and he is liable to pay the same.  While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C2 to Ex.C31 and closed the evidence on behalf of the complainant.
4. Opposite Party tendered into evidence affidavit of Sh.Jiwan Bansal Ex.OP1 alongwith documents Ex.OP2 to Ex.OP43 and closed the evidence on behalf of the Opposite Party.
5. 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.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant is   owner in possession of plot No. 486 measuring  250 square yards, allotted to him in the draw of lots vide allotment letter No. AIT/SS/11632 dated 17.10.2012 (Ex.C2)  at 340 Acres Development Scheme of New Amritsar of Opposite Party against total price of Rs.9,51,700/- in installments. The complainant made the payment of the installments as scheduled by Opposite Party. An agreement to sell for this plot was also executed between the parties on 22.01.2013.  The complainant submitted that he  wanted to construct his  house over the aforesaid plot, but the development work in the said colony has not been completed by Opposite Party. The Opposite Party has to provide all the basis amenities for  inhabitation of the allottees of the plots in the said locality. The complainant further submitted that  for the purpose of inhabitation in the colony, basic amenities like  sewerage treatment plant and continuous water supply, storm water channels are necessary, and for the purpose of security of the inhabitants, boundary wall  of the colony is required, but the Opposite Party could not install sewerage treatment plant in the colony which is the primary condition of Punjab Pollution Control Board. Even clearance from Punjab Pollution Control Board was not sought for this purpose.  The sewerage effluent is being disposed of in empty plots of the colony, and some part from there is pumped into the drain of irrigation department despite the objections raised by the irrigation department. Moreover, the water supply system skeleton service  is incomplete as so far overhead water tank has not been constructed resulting into water supply for a limited period of time.  No boundary wall of the colony has been raised. Further, the Opposite Party has given the land on lease to Gamon India Limited to construct pressstressed girders for elevated road project which also causes nusaince to the inhabitants of the colony. Further the  road and foot paths in the area are still under construction, rain harvesting system  has not been developed. Street lights are also  not fully operational. As the Opposite Party could not provide the aforesaid basic amenities to the complainant in the said colony, he is not in a position to construct his house over the plot in question, but the Opposite Party is forcing the complainant to make payment of non construction fee, as demanded to the tune of Rs.2,48,251/- vide letter dated 15.3.2011 Ex.C3.  The complainant submitted reply dated 29.3.2011 Ex.C4 requesting the Opposite Party that he could not raise the construction due to the aforesaid facts and requested the Opposite Party to complete the development work in that area, but in vain. The complainant also served legal notice dated 14.6.2012 Ex.C5 to the Opposite Party through registered post, postal receipt of which is Ex.C6, but the Opposite Party is adamant to recover the non construction charges from the complainant. The complainant also produced on record information receipts through RTI from Amritsar Development Authority Ex.C7, Ex.C8 and also from Punjab Pollution Control Board, Amritsar Ex.C11 and C12 and he also placed on record photographs Ex.C13 to Ex.C18 and affidavits of co-residents of the locality Sh.R.K.Jaitly Ex.C19, Gurmeet Singh Ex.C21, photographs Ex.C23 to Ex.C29, report from Punjab Pollution Control Board Ex.C31. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the Opposite Party qua the complainant.   
7. Whereas the case of the opposite party is that as per terms and conditions as prescribed in the allotment letter and the complainant was required to complete the construction of the plot within three years from the date of allotment of the plot after getting the demarcation and getting the proposed building plan approved from the  Opposite Party. All the  work/ amenities which were necessary for the purpose of inhabitation of the residents of the scheme were completed well in time by Opposite Party. But the complainant failed to start/ complete the construction of the plot in question. As per the terms and conditions of the allotment/ non construction of the plot in question, the Opposite Party imposed Rs.2,48,251/- as non construction fee upon the complainant which is as per rules and regulation as well as condition of allotment and the complainant is liable to pay the same. In order to avoid the non payment of non construction charges, the complainant has taken false plea of non completion of relevant work in the said colony, whereas the development work has already been completed well in time. All the basic amenities which were necessary for the purpose of inhabitation of the residents of the scheme were completed. The Opposite Party has produced on record the agreement of sale of plot in question Ex.OP4 and other documents relating to the terms and conditions of the allotment, schedule of payment of installments Ex.OP5 to Ex.OP7. Opposite Party has also produced on record copy of letter Ex.OP3 vide which the actual possession and demarcation of the plot in question was given to the complainant on 12.2.2003. Opposite Party has also produced on record letter dated 14.11.2005 Ex.OP8 vide which the site plan of the plot in question was sanctioned and the complainant was directed  to complete the construction within one year from the  date of approval of the site plan. Opposite Party also produced on record the photographs of the colony in question Ex.OP9 to Ex.OP35 to prove that all the basic amenities have already been provided to the colony in question. Opposite Party also produced on record in additional evidence the affidavit of Sh.Sandeep Rishi, Chairman of Amritsar Improvement Trust Ex.OP38, certificate from Trust Engineer Ex.OP39, letters from Punjab Water Supply & Sewerage Division, Amritsar Ex.OP40 and Ex.OP41, utilization certificate Ex.OP41 and Ex.OP43, to prove that the work of basic amenities in the locality has already been completed. Ld.counsel for the Opposite Party submitted that there is no deficiency of service on the part of the Opposite Party  qua the complainant.               
8. From the entire above discussion, we have come to the conclusion that the complainant got this plot  No. 486 measuring  250 square yards, allotted to him by Opposite Party in  340 Acres Development Scheme of New Amritsar of Opposite Party, vide allotment letter dated 17.10.2002 Ex.C2 and paid the price of the plot to the Opposite Party in installments as per schedule of payments prescribed in the allotment letter Ex.C2. The complainant was given possession of the plot in question by Opposite Party vide letter Ex.OP3 on 12.2.2003. The complainant was also given demarcation and actual possession of the plot in question on 12.2.2003. As per terms and conditions of the allotment letter Ex.C2, the complainant was required to complete the construction on the plot in question within 3 years from the date of allotment of the plot after getting demarcation and after getting proposed building plan approved from the Trust Office. Resultantly, the complainant was required to complete the construction work on the plot in question, within  3 years from the date of allotment of the plot after getting the demarcation and getting the proposed building approved from the Trust Office.  So, the complainant was required to complete the construction work within 3 years atleast from the date  the complainant was given actual possession/ demarcation of the plot in question which was given to the complainant as per official record i.e. letter Ex.OP3 on 12.2.2003. Even the site plan of the plot in question was also sanctioned by the Opposite Party vide letter dated 14.11.2005 Ex.OP8, but the complainant did not raise the building/ construction over the plot in question. The plea of the complainant is that Opposite Party did not provide the basic amenities to the locality in which the plot of the complainant is concerned i.e. New Amritsar Scheme. Opposite Party was required to provide the basic amenities such like roads, water supply and sewerage facility, street light, electricity and all these facilities have already been provided by the Opposite Party in the scheme in question. Even the Chairman of the Opposite Party Sh.Sandeep Rishi, PCS has filed an affidavit Ex.OP38 in which he has categorically deposed that the work of the basic amenities in the aforesaid scheme i.e. roads and parks  was completed  in the year 2001-2002, work of street light was completed in the year 2004-2005, work regarding water supply and sewerage was completed by Punjab Water Supply & Sewerage Board and the work of the electricity supply was got done from the department of electricity/ Punjab State Power Corporation. The complainant could not refute this deposition given by Chairman of Opposite Party, a responsible officer. Not only this, Opposite Party has also produced on record certificate from the Trust Engineer dated 6.4.2015 Ex.OP39 to the affect that the work of the basic amenities in the aforesaid New Amritsar Scheme has already been completed i.e. work of road and parks was completed in the year 2001-2002, work of street light completed in the year 2004-2005. The water supply and sewerage facility was got completed from Punjab Water Supply & Sewerage Board and work of electricity supply has  been got completed from Electricity Department. Opposite Party has also produced on record the certificate through letter  dated 15.6.2015 Ex.OP40, letter dated 16.6.2015 Ex.OP41 and utilization certificate Ex.OP42/ Ex.OP43, to prove that the work of basic amenities i.e.  motorable roads ,electricity  supply, water supply and sewerage facility, have already been completed in the  aforesaid locality long back in the year 2004-2005 and even thereafter, the work of further progress has already been completed. Even the photographs produced on record by  Opposite Party of the locality in question Ex.OP9 to Ex.OP35 fully prove that the work of motorable road, electricity supply, water and sewerage facility, foot path, etc. have already been completed on the aforesaid New Amritsar Scheme. Ld.counsel for the complainant submitted that  Opposite Party could not install the Water Treatment Plant in the locality in question and in this regard, they are throwing water in canal and the Drainage Department has raised the objections in this regard, letter to this effect from the Drainage Department dated 5.12.2012 is Ex.C11. All this proves that Opposite Party could not provide the basic amenities to the inhabitants of that locality that is why the complainant could not raise the construction over the plot in question. This plea of the complainant is not tenable because the installation of Water Treatment Plant  and disposal of the said water is the concern of the State Government i.e. inter se department i.e. Drainage Department & Local Govt.Department. The installation of the Water Treatment Plant does not come within the basic amenities to be provided by Opposite Party, to the allottees of the scheme/ colony. So, the complainant can not take the advantage of this plea for non raising the construction over the plot in question, whereas the photographs produced on record by the Opposite Party Ex.OP9 to Ex.OP35 fully prove that other residents of the colony have already raised the construction over their plots allotted to them in the same locality and basic amenities, such as motorable roads, water supply and sewerage facility, electricity supply and street lights, etc. have already been provided by the Opposite Party in the locality in question long back. Other points raised by the complainant that the Opposite Party has given some land in the colony to Gamon India Limited for storage of their material for the construction of elevated road projects which  causes nuisance, is also not helpful to the complainant to take the advantage for non construction of the building in question over his plot because the Opposite Party has categorically stated that  Gamon India Limited has taken away all its material from the said locality long back after the completion of the elevated road project.
9. It has been held  by Hon’ble Supreme Court of India in case Municipal Corporation Chandigarh & Ors. Vs. M/s.Shantikunj Investment Private Limited, etc.  2006(2) RCR Civil 26 that the authority under the statutory obligation is to provide the basic amenities i.e. roads, waters, electricity, sewerage etc. Authority providing some amenities and making arrangement to provide remaining one- Allottees cannot withhold payment of installments, interests, penalty on the ground that all amenities were not provided. Hon’ble Apex Court has further held that even if the aforesaid basic amenities are provided and work for remaining amenities is going on, no relief will be given to the allottees where the above amenities were provided. Similar are the facts of the present case. Same view has been taken by Hon’ble Supreme Court of India in case Punjab Urban Planning and Dev.Authority and others Vs. Raghnu Nath Gupta and others 2013(2) PLR 379 as well as in case Haryana State Agricultural marketing Board Vs. Bishamber Dayal Goyal and others  2014(2) CPJ 11. In the light of the above discussion, we are of the opinion that Opposite Party  was justified in imposing the penalty of non construction fee of plot by the complainant, within the stipulated period, vide letter dated 15.3.2011 Ex.C3 which is as per rules and regulations as well as terms and conditions of the allotment letter Ex.C2.
10. Resultantly, we hold that  the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order 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.

Dated: 17.02.2016                                                 (Bhupinder Singh)                                                                                   President

                                   (Anoop Sharma)          (Kulwant Kaur Bajwa)

Member                               Member

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