Punjab

Faridkot

CC/17/103

NAVDEEP GOYAL - Complainant(s)

Versus

CHAIRMAN Improvement Trust - Opp.Party(s)

Sandeep Sharma

15 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

Complaint No. :       103 of 2017

Date of Institution:     27.03.2017

Date of Decision :      15.01.2019

 

Navdeep Goyal s/o Deputy Singh Goyal, r/o Bhan Singh colony, Faridkot.

                                               .......Complainant

Versus

1. Improvement Trust, Faridkot through its Chairman/ Administrator.
2. Improvement Trust, Faridkot through its Executive Officer.

                     ....OPs

           Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh Ajit Aggarwal, President,

Smt Param Pal Kaur, Member.

 

Present:      Sh  Sandeep Sharma, Ld Counsel for complainant,    

                  Sh  Iqbal Kaushal, Ld Counsel for OPs.

                  

 (Ajit Aggarwal, President)

                                        Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to withdraw the notice no.678 dt 1.07.2016 for Rs.4,28,400/-as late construction fees and to pay Rs.1,00,000/- as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs.10,000/-.

2                                    Briefly stated, the case of the complainant is that plot no 94 measuring 300 square yards under General category was allotted in the name of complainant vide memo dt 14.03.2005 and entire sale consideration was deposited

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by complainant with OPs and sale agreement was also executed between complainant and OPs. As per terms the Ops were to deliver the possession of residential plots to allottees or transferees and to develop Giani Jail Singh Avenue and were to provide basic amenities such as roads, streets, water supply, sewerage, electricity etc and only after that vendees were to construct houses within 3 years, but Ops did not fulfil their promise. They neither delivered the possession of plots nor provided basic facilities within time. It is submitted that possession of plot in question was not handed over to complainant. The complainant as well as other members of Giani Jail Singh Avenue requested Ops many times to hand over the possession of plots, but OPs did not handed over the possession in time and said plot was handed over to complainant very late and even no basic amenities were provided at that place. They have not constructed STP, not taken sewerage connection and garbage is being thrown in open Nallah illegally. Even OPs have not obtained NOC from various Government Agencies and moreover, colony is still illegal and is not approved in the eyes of law. Further submitted that OPs issued letter to allottees wherein they directed plot holders to construct houses by January 2011 and later on they extended the date to May 2016 for completing construction. Complainant received letter no.678 dated 1.07.2016 requiring him to deposit Rs.4,28,400/-as late construction fees. Complainant alongwith other allottees requested Ops many times that without provision of all basic facilities, complainant was unable to construct house within stipulated period. Several requests were made by complainant to withdraw the said notice, but all in vain. It is further submitted that without the sewerage, water and electric supply, construction of house cannot be started and moreover, delay in construction is not due to complainant but due to late delivery of plot by OPs and in not providing the

 

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basic amenities like sewerage, water and electric supply at that place. Repeated requests made by complainant to Ops to withdraw the said notice bore no fruit and they refused to admit the genuine request of complainant, which amounts to deficiency in service. Moreover, Ops have not supplied all the basic facilities at the site as installation of sewerage treatment plant has not been done there and electricity connections are also not supplied at that place. Electricity is provided at that site but that is for streets only and without installation of sewerage treatment plant and electricity connections, construction can not be done at said plot. Thus, delay in not raising construction at plot in question is due to delay in providing basic facilities by Ops. Complainant made many requests to OPs to withdraw the notice dt 1.07.2016 for Rs.4,28,400/-, but they did not pay any heed to listen to their requests. All this amounts to deficiency in service on the part of Ops and has caused great tension, harassment and mental agony for which he has prayed for compensation alongwith main relief. Hence, the  present complaint.

3                               The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 17.04.2017, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                 On receipt of notice, OPs appeared in Forum through Counsel and filed reply wherein admitted that plot in question was purchased by complainant. It is asserted that as per terms and conditions of contracts, OPs have already provided all the basic facilities/amenities like roads, streets, water supply, sewerage and electric supply at site within stipulated time, but complainant has intentionally not constructed his house within time and has breached the terms and

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conditions of agreement. Even physical possession of plot in question was also handed over to complainant in time and despite provision of all basic amenities at site, complainant failed to construct his house at said place. It is asserted that complainant has not complied with the terms and conditions of the allotment  and did not complete construction work within time from the date of allotment. Further submitted that public notice was got issued by Ops in vernacular newspapers Daily Tribune and Jagbani vide which the previous notices issued to plot holders were cancelled and all plot holders including complainants were directed to pay non construction fee from 1.01.2014 after availing 50% discount and to pay the amount till 30.09.2016. As per resolution  no.46 dt 28.06.2016, the earlier letters issued to plot holders were withdrawn and they were informed to pay non construction fee by 30.09.2016. said resolution was approved by Department of Local Bodies, Punjab vide which allottees including complainant was given 50% discount on total amount of non construction charges. All the previous letters issued by Ops were already withdrawn by Ops. Work of roads of Giani Jail Singh Avenue was completed on 31.03.2006 and sewerage and water supply pipe lines were laid down before 31.12.2007 and for obtaining water supply connection, Rs.23,000/-were deposited with Ex Er, Water Supply and Sanitation, Punjab on 8.09.2009 as per their letter dt 24.08.2009 and as such, Ops have provided all the basis amenities to plot holders including complainants within stipulated time. Possession of plot in question to original allottee was also handed over in time. It is reiterated that there is no deficiency in service on the part of OPs and prayed for dismissal of complaint with costs.

 

 

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5                                        Parties were given proper opportunities to prove their respective case. Ld counsel for complainant tendered in evidence affidavit of complainant as Ex C-1 and documents Ex C-2 to 8 and closed the same.

6                                   In order to rebut the evidence of the complainant, ld Counsel for OPs tendered in evidence affidavit of Gobind Kumar as Ex OP-1 and documents Ex OP-2 to 15 and then, closed the evidence.

7                                       We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents placed on the file.

8                                                                 From the careful perusal of record and documents placed on record by respective parties, it is observed that case of complainant is that he purchased plot from OPs and entire sale consideration was deposited by him with OPs. As per terms the, Ops were to deliver the possession of residential plots to allottees or transferees and to develop Giani Jail Singh Avenue and were to provide basic amenities such as roads, streets, water supply, sewerage, electricity etc and only after that vendees were to construct houses within 3 years, but Ops did not fulfil their promise. They neither delivered the possession of plots nor provided basic facilities within time. It is submitted that plot in question was handed over to complainant very late and even no basic amenities were provided at that place. They have not constructed STP, not taken sewerage connection and garbage is being thrown in open Nallah illegally. Even OPs have not obtained NOC from various Government Agencies like Pollution Control Board and even colony is still illegal and is not approved in the eyes of law. OPs issued letter to

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allottees directing them to construct houses by January 2011 and later on they extended the date to May 2016 for completing construction. Complainant received letter no.678 dated 1.07.2016 requiring him to deposit Rs.4,28,400/-as late construction fees. Complainant alongwith other allottees requested Ops many times that without provision of all basic facilities, complainant was unable to construct house within stipulated period. Without the sewerage, water and electric supply, construction of house cannot be started and moreover, delay in construction is not due to complainant but due to late delivery of plot by OPs and in not providing the basic amenities like sewerage, water and electric supply at that place. Repeated requests made by complainant to Ops to withdraw the said notice bore no fruit, which amounts to deficiency in service. It is argued by complainant counsel that without installation of sewerage treatment plant and electricity connections, construction can not be done at said plot. Thus, delay in not raising construction at plot in question is due to delay in providing basic facilities by Ops. Complainant made many requests to OPs to withdraw the notice dt 1.07.2016 for Rs.4,28,400/-, but they did not pay any heed to listen to their requests. Grievance of complainants is that when Ops have already granted the time till the period of May 2016 to complete the construction work, then now, they have no right to demand the  amount of Rs.4,28,400/-as non construction fee for the period granted for making construction. And now, the issuance of demand notice dated 1.07.2016 for Rs.4,28,400/-as non construction fee, is quite illegal and unlawful. In reply, Ops stressed mainly on the point that as per resolution no. 46 dated 28.06.2014, which they have passed with the approval of Department of Local Bodies, Punjab, they have withdrawn all their earlier written letters and directed all the allottees to deposit non construction charges with 50 % discount. It is observed that Ops can

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not pass a resolution unilaterally and they have no right to cancel the letter dt 25.06.2014, in which they themselves allowed complainants to complete the construction work till May 2016. It is illegal on the part of Ops to withdraw the letter dt 25.06.2014 and deprive the complainants to draw the benefit of completion of construction work by stipulated period. Ops cannot charge non construction fee for that span of time which was already granted by them through their letter dt 25.06.2014. Resolution dt 28.06.2016 passed by them and issuance of notice to deposit non construction charges seems to be arbitrary as it pertains to the period which  they have already given to complainants for completing the task of construction. Moreover, the Ops failed to provide basic amenities on the spot to allottees as per document Ex C-6, which is information provided by Punjab Pollution Control Board under Right to Information Act. They submitted that OPs have not applied for consent to operate under Water, which is mandatory for carving out a colony and the Pollution Board have issued show cause notice to the OPs for the same. The Executive Engineer of Water Supply & Sanitation Division, Faridkot vide their letter dated 13.10.2016 Ex C-9 further submitted that OPs have not made any provision to supply water to the inhabitants of the Colony and water supply is being given by the Municipal Council, Faridkot to the residents on humanitarian grounds whereas there is need of a separate water works plant for water supply to the residents of the colony which should be supplied by the Improvement Trust, Faridkot i.e OPs. Ishan Goyal, Sub Divisional Officer, Improvement Trust himself made statement before the Forum that they have not made any Sewerage Treatment Plant for the colony in question and they are planning to attach the sewerage system with the sewerage laid down  by                 the  Municipal  Council,   Faridkot  but  till  date,  they  have  not attached

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the sewerage system with the sewerage system of the Municipal Council, Faridkot and have not applied for the same with Municipal Council, Faridkot or deposited any amount. From this, it is clearly proved that OPs have failed to provide basic amenities to the residents of the colony, then in that case, they cannot claim Non Construction Fees from allottees for not constructing their houses in time. Action of Ops in demanding this huge amount of Rs.4,28,400/-is not genuine and amounts to trade mal practice on the parts.

9                                 In the light of above discussion, this Forum is of considered opinion that complainant has succeeded in proving his case. Therefore, present complaint is hereby allowed. OPs are ordered to withdraw the demand notice dated 1.07.2016 for Rs.4,28,400/- issued by them to complainant. Ops are further directed to pay Rs.5000/-to complainants as compensation for harassment and mental agony suffered by them besides Rs.3000/-as litigation expenses. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated : 15.01.2019

(Param Pal Kaur)                 (Ajit Aggarwal)

        Member                               President