Sh. Baljinder Singh Sekhon, the titled complainant (claiming to have been the lawful Purchaser Owner of Plot No. 88 at the Urban Estate, Old Jail Road, Gurdaspur) has filed the present complaint against the titled opposite parties (for short, the OP) seeking directives to them (the OP) to shift the location of the Sewage Chamber Point as well as that of the Electricity Pole (both the Locality Common Ones) away from the Main Gate Location Site of his above Plot so as to enable him to start construction of his Residential House besides to pay him a sum of Rs.3.0 Lac to cover the pecuniary loss suffered by him, in addition to Rs.1.0 Lac to be paid as compensation for physical and mental harassment suffered and Rs.50,000/- to meet the litigation expenses, all in the interest of justice.
2. The complainant has been the owner purchaser of the above referred Residential Plot by virtue of the Sale Deed dated 13.12 2016 executed by the original allot-tee Smt. Sukhjinder Kaur in his favor in lieu of the settled consideration. However, the complainant could not start the house construction as the Locality Sewage Man-Hole Chamber Point as well as the Locality Common Electricity Pole are both located right at the Main Gate Site of his House as per the PUDA (Punjab Urban Development Authority) Approved Site Map Plan that has to be followed by Allot-tees, so as to avoid fines/penalty/demolition etc. The complainant vide his various oral requests as well as applications/reminders (in writing) dated 25.01.2017/ 21.11.2017/ 22.09.2018/ 23.09.2018/ 15.10.2020 has been requesting the titled PUDA authorities to remove the above two hindrances away from his Main Gate so as to enable him to undertake building construction, in time, to meet the construction dead-line to avoid penalty/fines etc for non-construction etc. However, the PUDA has not acceded to his valid requests/demands and the Sewage Main Hole as well as the Electric Pole have not been removed till the filing of the present complaint making him suffer an intense physical as well as mental harassment/agony besides huge financial-loss as cost of construction has risen many-fold during the intervening 4-5 years and hence the present complaint seeking the above prayed relief(s). Lastly, in support of his prosecution (of the complaint), the complainant has put forth on records the following documents, in evidence, as: (Rejoinder & Written Arguments Not Filed). Ex.C1 – Affidavit (Self-Attested) by the complainant deposing contents of complaint; Ex.C2– Copy of the Sale Deed dated 13.12.2016; Ex.C3-Application/ Representation dated 25.01.2017; Ex.C4-Application/ Representation dated 21.11.2017; Ex.C5–Postal Receipt; Ex.C6 – PUDA Letter dated 17.04.2018; Ex.C7–PUDA Letter dated 14.06.2018; Ex.C8-Application/Representation dated 22.09.2018; Ex.C9–Postal Receipt; Ex.C10-PUDA letter dated 22.06.2020; Ex.C11-Application/ Representation dated 23.09.2020; Ex.C12 – Postal Receipt; Ex.C13 - PUDA letter dated 12.10.2020; Ex.C14 - Application/Representation dated 15.10.2020; Ex.C15 to Ex.C17: – Registered Postal Receipt(s); & Evidence Closed.
3. The OP PUDA Office, in response to the Commission’s Summons, appeared through its counsel and filed its written-version sans the mandatory affidavit and/or any documentary evidence etc. The OP PUDA have somehow refuted almost all the allegations as made out in the complaint. As per their preliminary first objection the complaint has been misconceived, not-maintainable and liable to be dismissed. The second objection has been that the complainant has not come to the court with clean hands and has concealed the true and material facts from the commission.
4. On merits, has admitted the complainant to be owner purchaser of the plot, in question, but he never turned up to PUDA to get the Building Map prepared and/or to take possession of the plot. Regarding the 11 KVA electric-pole, it's the property of the PSPCL and the OP have written to them to shift the same and the delay, if any, has been on the part of the PSPCL authorities but the complainant has not been inclined to construct the house-building. The complainant's request applications were duly replied to by the OP PUDA but he never started the construction. Regarding, the Man Hole Sewage, it's in front of all the plots being an essential utility service and also a modern living-necessity. Lastly, the complainant has neither suffered any financial loss and or any physical/mental harassment/agony and has not been entitled to the herein prayed compensation and/or cost of litigation etc rather the complaint is liable to be dismissed with costs and the same has been sought/prayed for through the medium of the instant written-reply. The OP PUDA have somehow neither filed any document in evidence nor the mandatory affidavit.
5. We have carefully examined the documents/evidence produced on record (along with the scope of ‘adverse inference’ for those ignored to be produced) in order to adjudicate/determine the respective ‘claims’ as put-forth by the present litigants in the light of arguments put forth by their respective learned counsels.
6. The complainant has allegedly suffered much hardship and harassment on account of the non-shifting of the 11 KVA electric-pole and the Sewage Man Hole in the middle of the Main Gate Location of the proposed house-building and have also proved his allegations through the herein produced documents, in evidence; whereas the OP PUDA have merely pleaded denial and absence of an impediment/obstruction in the construction of house-building but have not produced any document not even the mandatory affidavit, in evidence, to support and prove the stated defense and in the absence of the same their pleadings are merely the bald-statements, in law.
7. We observe that the OP PUDA have omitted to produce the plot related documents that would have facilitated the present resolve. The OP being the State Govt. Corporate Body engaged in urban land development are expected to be more co-operative towards resolve of public-grievance, in general, and consumer-grievance in particular. We, to say in the least and at the best, observe that PUDA being the one public-utility service-provider PSU (Public Sector Unit) needs to come-out of their old sovereign-mentality and serve to facilitate public/ consumer in the rightest earnest.
8. We thus hold the OP PUDA office unfair in its acts/omissions pertaining to the complainant’s grievances pertaining to the impediments/obstructions in construction and thus liable to an adverse order under the legislated provisions of the herein applicable statute. Finally, we find the OP PUDA Office guilty of having vehemently violated the statutory consumer rights of the complainant and thus hold them liable to pay a matching compensation to the complainant under the provisions of the Consumer Protection Act.
9. In the light of the all above, we partly allow the present complaint and thus ORDER the OP PUDA Office i) to get removed/shifted the two obstructions within 45 days to the extent as far as possible/feasible to facilitate the construction work at the said plot site by the complainant besides to pay him a sum of Rs.30,000/- as lump-sum compensation for the financial loss as well as for having suffered other hardships along with Rs.10,000/- as cost of litigation; all, payable within 45 days of receipt of the copy of these orders otherwise the aggregate awarded amount shall attract interest @ 9% PA from the date of the present complaint till realization/ actually paid. Further OP is directed not to impose any fine/penality in delay in construction and completion of his house within the stipulated time due to the deficiency in service on the part of OP.
10. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
11. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (B.S.Matharu)
NOV. 03, 2022. Member.
YP.
