Before the District Consumer Disputes Redressal Forum, Amritsar.
Complaint Case No.643/14
Date of institution : 8.12.2014
Date of decision : 9.7.2015
Rakesh Kumar Sharma son of Shri Bakhshi Ram resident of 27, Aman Avenue, Backside Tung Bala, Majitha Road, Amritsar.
..............Complainant
Versus
Amritsar Improvement Trust, Amritsar through its Chairman/Executive Officer, office situated at Ranjit Avenue, Amritsar.
...............Opposite party
Complaint under section 12 & 13 of the Consumer Protection Act
Present : For the complainant : Sh.Jaswinder Singh Jaswal, Adv.
For the opposite party : Ex-parte
QUORUM : Sh.Bhupinder Singh, President, Sh.Anoop Sharma, Member and Ms.Kulwant Kaur Bajwa, Member
Order Dictated by :
Sh.Bhupinder Singh, President
Present complaint has been filed by Sh.Rakesh Kumar Sharma under the provisions of Consumer Protection Act alleging therein that the opposite party floated a scheme known as Ranjit Avenue 97 Acres D Block Scheme and called applications for the allotment of residential plots under the said scheme by draw and the complainant applied for the plot under the said scheme vide application dated 52752. It is further alleged that draw of allotment of the said plots took place on 14.3.2011 at Guru Nanak Stadium, Amritsar and the draw of the complainant became successful and he was allotted a plot bearing No.711-D, Ranjit Avenue, Amritsar, having an area of
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250 sq.yards in general category. The opposite party also gave consent regarding allotment of plot through draw vide its resolution No.78 dated 22.3.2011 and the Govt.of Punjab had also given its consent to the allotment vide its letter bearing No.8/28/11(2)-5 SS2/792 dated 24.3.2011. Allotment letter regarding said plot bearing No.AIT/1488 dated 10.5.2011 was issued to the complainant. The complainant deposited Rs.4,00,000/- at the time of submitting application and he deposited another amount of Rs.7,60,000/- at the time of issuance of allotment letter. The complainant made second installment on 8.6.2012 and deposited another sum of Rs.6,00,000/- with the opposite party against receipt. It was further alleged that as per the terms and conditions settled between the parties in the allotment letter, all the facilities will be provided by the opposite party to the complainant within a period of 2 ½ years and the possession of the plot allotted to the complainant will be delivered to him within 30 days from the handing over of the allotment letter to the complainant. The allotment was given to the complainant on 10.5.2011 and the possession of the plot was to be given within 30 days from 10.5.2011 as per the terms and conditions of the allotment letter but till date the opposite party has failed to deliver the vacant possession of the plot. It was alleged that the complainant has to avail loan from the bank and for this purpose, physical location of the property and possession is to be shown to the bank but the opposite party has not carved out plots at the spot nor there is any demarcation of the plots at the spot nor there is any vacant space of the plot No.711-D. The opposite party issued letter dated 21.3.2012 calling upon the complainant to be present at the spot on 2.2.2012 to take possession of the said plot, but it is not possible for a person to be present on 2.2.2012 when a letter is issued on 21.3.2012. The complainant sent a letter to the opposite party for
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clarification. An agreement to sell was also executed between the parties at the instance of the opposite party. The complainant had been requesting the opposite party to hand over the vacant possession of the plot after demarcation so that he could show the said vacant plot to the bank and get loan so that remaining payment is to be made but all in vain. The complainant after availing loan from the bank with great difficulty, the complainant made a payment to the tune of Rs.33,36,876/- on 3.12.2013 and the remaining amount of Rs.7924/- on 4.12.2013 after availing loan from the bank which was sanctioned on 28.11.2013. The opposite party issued letter dated 8.8.2014 bearing No.4233 asking the complainant to be present at the spot to get the vacant possession of the plot and when the complainant came to the spot on the date as asked in the letter, he was astonished to see that the plot which was allotted to him, is having one constructed house over the said plot and it is not a vacant plot. Alleging deficiency in service, the complainant has filed the present complaint seeking directions to the opposite party to hand over the possession of the vacant plot bearing No.711-D to the complainant at the earliest and to refund all the interest charges received from the complainant alongwith payment and to extend the deadline of making construction of three years which is to be start from the date of delivering possession. He also demanded compensation of Rs.5,00,000/- alongwith Rs.10,00,000/- towards costs of construction which increased during the period when no possession of the said plot was handed over to the complainant.
On notice, opposite party appeared through counsel Sh.Jagdeep Singh, Adv.on 5.1.2015 and the case was adjourned to 29.1.2015 for filing written version. On 29.1.2015, written version was not filed and last opportunity was granted to the opposite party for filing written version. On
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29.1.2015, again written version was not filed and one more opportunity was granted to the opposite party for filing written version on 25.2.2015 subject to deposit of costs of Rs.100/- in the Consumer Legal Aid Account. On 25.2.2015, none appeared on behalf of the opposite party for filing written version nor depositor the costs, as such, opposite party was proceeded against ex-parte.
Complainant tendered his duly sworn affidavit ex.C-1, application for allotment ex.C-2, copy of draw receipt ex.C-3, copy of allotment letter dated 10.5.2011 ex.C-4, copy of the terms and conditions ex.C-5, copy of agreement to sell ex.C-6, copy of the agreement ex.C-7, copy of application dated 21.3.2012 ex.C-8, copy of the application ex.C-9, copy of the application with regard to possession ex.C-10, copy of proceedings ex.C-11, copy of payment receipt ex.C-12 to C-15, copy of the application written to the Chairman, Amritsar Improvement Trust, Amritsar by the bank ex.C-16, copy of application having diary No.4856 ex.C-17, copy of mortgage certificate ex.C-18, copy of letter dt.30.11.2013 ex.C-19, copy of letter by the bank to the complainant ex.C-20, copy of EMI schedule ex.C-21, copy of certificate dt.29.11.2013 ex.C-22, copy of application by the complainant dt.23.9.2014 ex.C-23.
We have carefully gone through the averments made by the complainant, arguments advanced by the counsel for the complainant and have appreciated the evidence produced on record by the complainant.
From the record i.e.averments of the complainant and evidence produced on record by the complainant, it stands fully proved on record that complainant applied for allotment of plot in scheme known as Ranjit Avenue 97 Acres D Block Scheme. Resultantly, complainant was allotted plot as per draw held on 14.3.2011 i.e.plot bearing No.711-D, Ranjit
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Avenue, Amritsar having an area of 250 sq.yards in general category. Opposite party had also given consent regarding allotment of plot through draw vide its resolution No.78 dated 22.3.2011 and the Govt.of Punjab also had given its consent to the allotment vide its letter dated 24.3.2011. Allotment letter dated 10.5.2011 is ex.C-4. Complainant deposited Rs.4,00,000/- at the time of making application and deposited Rs.7,60,000/- at the time of issuance of allotment letter vide receipt ex.C-12. Complainant also paid second instalment on 8.6.2012 by depositing another sum of Rs.6,00,000/- with the opposite party vide receipt ex.C-13. Opposite party had assured that the delivery of the plot in question will be made to the complainant/allottee within a period of 30 days from the date of allotment letter. Allotment letter ex.C-4 was issued to the complainant on 10.5.2011 but the possession of the plot in question was not delivered to the complainant till date. Complainant had to borrow loan from the bank for making payment of balance amount of the plot in question to the opposite party. Complainant approached the opposite party for delivery of the possession of the plot in question but the opposite party issued letter dated 21.3.2012 ex.C-8 calling the complainant to be present at the spot on 2.2.2012 to take possession of the said plot. It was not possible for a person to be present at the spot on 2.2.2012 when he was issued letter for that purpose on 21.3.2012. So, complainant wrote letter ex.C-9 to the opposite party that office of the opposite party had committed error in calling upon the complainant to be present at the spot on 2.2.2012 when they had issued letter for that purpose on 21.3.2012. Then, opposite party issued another letter dated 8.8.2014 ex.C-10 calling upon the complainant to be present at the spot on 27.8.2014 for taking possession of the plot in question. Complainant went there but possession of the plot in question was not given
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to the complainant and opposite party itself gave note on this letter that at the spot on plot No.711-D which was alloted to the complainant, there is already an old construction. Opposite party could not deliver the possession of the plot in question due to that old house already existing there. So, opposite party wrote that first of all old house shall be removed and then possession of the plot in question shall be given to the complainant as is evident from the noting of the opposite party dated 17.10.2014 ex.C-11. Thereafter, neither the opposite party removed the old construction already existing at the spot on the plot in question nor handed over the possession of the same to the complainant. However, opposite party executed agreement of sale regarding the plot in question in favour of the complainant ex.C-6 and deed of agreement is ex.C-7. The complainant had to pay the balance amount of the plot in question in installments to the opposite party. Complainant applied to the opposite party for permission to take loan by mortgaging the plot in question vide letter dated 23.8.2013 ex.C-17. Resultantly, opposite party gave permission to mortgage the plot in question to take loan from AXIS Bank, Amritsar vide their letter dated 25.11.2013 ex.C-18. Consequently, complainant took housing loan of Rs.30,00,000/- to pay the balance amount of the plot in question to the opposite party and same was sanctioned by AXIS Bank to the complainant vide sanction letter dated 29.11.2013 ex.C-2 and the complainant paid entire balance amount of Rs.33,36,876/- of the plot in question to the opposite party which included up to date interest vide receipt dated 3.12.2013 ex.C-14 and Rs. 7924/- vide receipt dated 4.12.2013 ex.C-15. But the opposite party did not deliver the possession of the plot in question to the complainant and he wrote letter dated 23.9.2014 ex.C-23 to the opposite party in the form of notice requesting the opposite party to deliver the vacant possession of the plot in
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question and the complainant be given 3 years period to raise construction over the plot in question from the date of delivery of actual possession of the plot to the complainant but inspite of that opposite party neither delivered the vacant possession of the plot in question to the complainant nor sent any reply to this letter dated 23.9.2014 ex.C-23 which was duly received by the opposite party vide diary No.3836 dated 23.9.2014 ex.C-6. Evidence produced on record by the complainant in the form of his own affidavit ex.C-1 and aforesaid documents ex.C-2 to C-23 as discussed above remained un-rbutted and un- challenged as the opposite party did not file any written version to the complaint filed by the complainant nor any person on behalf of the opposite party dared to file any affidavit or any other evidence to rebut the case of the complainant.
Consequently, we hold that complainant on 4.12.2013 had paid the entire amount of the plot in question alongwith interest,if any, to the opposite party amounting to Rs.51,05,300/- i.e.Rs.4,00,000/- with application, Rs.7,60,000/- vide receipt dated 8.6.2011 ex. C-12, Rs.6,00,000/- vide receipt dated 8.6.2012 ex.C-13, Rs.33,36,876/- vide receipt dated 3.12.2013 ex.C-14 after taking loan of Rs.30 lacs from AXIS Bank with the permission of the opposite party, and Rs.7924/- vide receipt dated 4.12.2013 ex.C-15 and the complainant had to pay interest on the loan amount which he had taken from AXIS Bank, Amritsar to make payment of the entire balance amount to the opposite party but the opposite party failed to deliver possession of the plot in question to the complainant inspite of the fact that opposite party was bound to deliver the possession of the plot in question to the complainant within 30 days from the date of allotment of the plot which was allotted to the complainant on 10.5.2011 vide letter ex.C-4. All this amounts to deficiency of service on the part of the opposite party
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qua the complainant.
Consequently, we allow the complaint ex-parte with costs and the opposite party is directed to hand over the vacant possession of the plot in question i.e.711-D to the complainant after removing the old construction, if any, within 2 months from the date of receipt of copy of this order. Opposite party is also directed to pay interest at the rate of 9% p.a.on the entire amount of Rs.51,05,300/- which the complainant had paid to the opposite party from the date of deposit of the entire amount i.e.4.12.2013 till the vacant possession of the plot in question is delivered to the complainant. Opposite party is also directed to give 3 years period for the construction on the plot in question to the complainant from the date of delivery of actual possession of the plot in question to the complainant. Opposite party is also directed to pay litigation expenses of Rs.2000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
9.7.2015 ( Bhupinder Singh )
President
( Anoop Sharma ) ( Kulwant Kaur Bajwa )
Member Member
