BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.664 of 2014

Date of Institution: 18-12.2014

Date of Decision: 23-06-2015  

Raminder Sachdeva wife of Charan Singh Sachdeva, resident of 14-Mohindera Colony, Amritsar.

Complainant

Versus

Chairman, Amritsar Improvement Trust, Amritsar.

Opposite Party

Complaint under the Consumer Protection Act.

Present: For the Complainant: Sh.Charan Singh Sachdeva, authorized representative of the complainant.

              For the Opposite Party: Exparte.

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 Mrs.Raminder Sachdeva  under the provisions of the Consumer Protection Act alleging therein that she was allotted flat No.57-HIG situated at 340 Acres Scheme, New Amritsar and made full payment  to the Opposite Party vide last receipt No.12850 dated 26.12.2006 as per the terms of the agreement of sale dated 26.6.2003. Complainant alleges that she  requested the Opposite Party to hand over the possession of the flat in question vide letter dated 5.3.2007. Thereafter, the complainant was informed vide letter No. 6076 dated 9.1.2009 to take over the possession of the flat in question. The complainant approached the Opposite Party vide letter dated 25.4.2009 and pointed out the deficiency in service and requested for  removing the defects in the construction of flat, providing missing doors & window leaves, completing the sanitary, internal sewer and electricity system with fittings, etc. The complainant was informed by the Opposite Party vide letter dated 9.8.2012 to contact Assistant Trust Engineer/ Sectional  Officer in this regard. The complainant again approached the Opposite Party vide letter dated 16.8.2012 and pointed out the defects in the construction of the flat, but the Opposite Party did not pay any heed to the request of the complainant.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to repair the damaged walls plaster, floors, providing missing doors/ windows leaves, completing sanitary, internal sewer, electricity system with fittings etc. and also to pay interest @ 18% per annum on the full amount of flat paid, for the delayed period in handing over possession. Compensation and litigation expenses were also demanded.
2. On notice, opposite party appeared through Sh.Jagdeep Singh, Advocate and at the stage of filing the written version by the Opposite Party, none appeared on behalf of Opposite Party, so Opposite Party was proceeded against exparte vide order dated 26.2.2015 of this Forum.
3. Complainant tendered into evidence her affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C17 and closed the evidence on behalf of the complainant.
4. We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the  complainant  and have appreciated the evidence produced on record by the complainant  with the valuable assistance of the ld.counsel for the complainant.
5. From the record i.e. averments of the complaint  and the evidence produced on record by the complainant, it stands fully proved on record that the complainant was allotted Flat No.57-HIG situated at  340 Acres Scheme, New Amritsar on 28.11.2002 as per agreement Ex.C4/ copy of allotment letter Ex.C5 and the complainant made the full payment to the Opposite Party vide receipt dated 26.12.2006 Ex.C3. The Opposite Party wrote letter to the complainant dated 9.1.2009 Ex.C7 to take possession of the flat. The complainant thereafter, approached the Opposite Party vide letter dated 25.4.2009 as stated by the complainant herself in the complaint as well as in her affidavit Ex.C1 pointing out deficiency in service on the part of the Opposite Party and requested the Opposite Party for  removal of the defects in the construction of the flat  regarding doors, windows, sanitary, internal sewer, electricity fittings, etc.etc. All this shows that the complainant has taken over the possession of the flat in question  in the year 2009, that is why she pointed out deficiency in construction of that flat through letter dated 25.4.2009 requesting the Opposite Party to remove the defects in the construction of flat. All this shows that cause of action accrued to the complainant on 25.4.2009 and since then, the cause of action has been continuously accruing to the complainant without gap. Now  the complainant has filed the present complaint on 18.12.2014 for directing the Opposite Party to remove the aforesaid defects in the construction of the flat regarding damaged wall, floor, door, windows, sanitary, internal sewer, electricity fittings, etc. The cause of action accrued to the complainant in the year 2009 i.e. on 25.4.2009 when she for the first time requested the Opposite Party to remove these defects in the flat  of the complainant and the present complaint has been filed on 18.12.2014 i.e. after a lapse of period of more than 5 ½  years, which is hopelessly time barred and the complainant did not file any application for condonation of delay nor the complainant put forward any explanation for delay in filing of the present complaint.
6. Consequently, the complaint is dismissed  being totally time barred, with no order as to costs. Copies of the order be furnished to the parties free of cost. 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: 23-06-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member