Punjab

Faridkot

CC/16/301

Kiran Devi - Complainant(s)

Versus

Improvement Trust - Opp.Party(s)

Manpreet Singh

13 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

Complaint No. :       301

Date of Institution:   18.10.2016

Date of Decision :     13.06.2017

1. Kiran Devi aged about 56 years w/o Jai Pal Chand, r/o House No.55-A, Street No. 03/5, Guru Nanak Colony, Faridkot.
2. Monika w/o Vivek Rattan r/o  House No. 55-A, Street No. 03/5, Guru Nanak Colony, Faridkot through her special power of attorney to Kiran Devi W/o w/o Jai Pal Chand, r/o House No.55-A, Street No. 03/5, Guru Nanak Colony, Faridkot.

                                               .......Complainants

Versus

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

                     ....OPs

           Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh Ajit Aggarwal, President,

Sh P Singla, Member.

 

Present:      Sh  Kashmiri Lal, 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 demand notice dt 1.07.2016 for Rs.4,28,400/- and to pay Rs.2,00,000/- as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs.20,000/-.

2                    Briefly stated, the case of the complainants is that plot no 82 measuring 300 square yards of General category was allotted in the name of Mrs Reshma Goyal, which was later on transferred in the name of complainant by Ops after receiving the full consideration and charges on this account and as per terms of Policy, Ops were to deliver the possession of residential plots to allottees or transferees to develop Giani Jail Singh Avenue and were subject 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 not handed over to Smt Reshma Goyal, from whom the same was transferred in the name of complainants. The original allottee 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 Reshma Goyal on 12.02.2008 and to complainants on 30.05.2008. it is further submitted that no basic amenities were provided at that place. Further submitted that vide letter dated 24.05.2010, Ops directed plot holders to construct houses by January 2011 and later extended the date to May 2016 for completing construction.  Complainants received letter dated 11.03.2016 requiring them to deposit Rs.2,92,500/-as late construction fees though complainants have already deposited Rs.14,700/-as amount of compensation as per terms and conditions of the allotment letter. They requested Ops many times for approving the map, which is not received by Ops and without approved map, complainants were unable to construct their house within stipulated period. Several requests were made by complainants to receive the approved map, which was not received by Ops and that is why complainants could not complete construction till May, 2016. 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.   Further submitted that instead of adhering to the requests of complainants, Ops issued another demanded notice dated 1.07.2016 requiring them to deposit Rs4,28,400/-as non construction fee inclusive of interest, which amounts to deficiency in service and trade mal practice on the part of Ops. Complainants 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  to them for which they have 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 24.10.2016, 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 transferred in the name of complainant, but denied that they have received final consideration from complainants. It is asserted that complainants have not complied with the terms and conditions of the allotment and did not take the possession of plot within time from the date of allotment. 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. Further submitted that public notice was got issued by Ops in vernacular newspaper 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 i.e 11.03.2016 was already withdrawn by Ops. It is reiterated that there is no deficiency in service on the part of OPs and prayed for dismissal of complaint with costs.

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 7 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 11 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                                          Ld Counsel for complainant has argued that plot no 82 measuring 300 square yards of General category was allotted in the name of Mrs Reshma Goyal, which was later on transferred in the name of complainant by Ops after receiving the full consideration and charges on this account and as per terms of Policy, Ops were to deliver the possession of residential plots to allottees or transferees to develop Giani Jail Singh Avenue and were subject 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 not handed over to Smt Reshma Goyal, from whom the same was transferred in the name of complainants. The original allottee 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 Reshma Goyal on 12.02.2008 and to complainants on 30.05.2008. it is further submitted that no basic amenities were provided at that place. Further submitted that vide letter dated 24.05.2010, Ops directed plot holders to construct houses by January 2011 and later extended the date to May 2016 for completing construction.  Complainants received letter dated 11.03.2016 requiring them to deposit Rs.2,92,500/-as late construction fees though complainants have already deposited Rs.14,700/-as amount of compensation as per terms and conditions of the allotment letter. They requested Ops many times for approving the map, which is not received by Ops and without approved map, complainants were unable to construct their house within stipulated period. several requests were made by complainant to receive the approved map, which was not received by Ops and that is why complainants could not complete construction till May, 2016. 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.   Further submitted that instead of adhering to the requests of complainants, Ops issued another demanded notice dated 1.07.2016 requiring them to deposit Rs4,28,400/-as non construction fee inclusive of interest, which amounts to deficiency in service and trade mal practice on the part of Ops. Complainants 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  to them for which they have prayed for compensation alongwith main relief. Hence, the  present complaint.

9                         Ld Counsel for OPs argued that the present complaint is not maintainable as per terms and conditions of the agreement. It is averred that there is no deficiency in service on the part of OPs, rather complainant himself failed to comply with the terms and conditions of  agreement. It is admitted that plot in question was transferred in the name of complainants, but denied that OPs have received final consideration from complainants. Complainants have not complied with the terms and conditions of the allotment and did not take the possession of plot within time from the date of allotment. 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. Further submitted that public notice was got issued by Ops in vernacular newspaper 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 i.e 11.03.2016 was already withdrawn by Ops. There is no deficiency in service on the part of OPs and prayed for dismissal of complaint.

10                                 From the careful perusal of record and documents placed on record by respective parties, it is observed that case of complainant is that they got transferred the plot no.82 from its original allottee Smt Reshma Goyal to their own name and paid entire amount of sale consideration to Ops and plot in question was also duly transferred in the name of complainants and possession of same was handed over to complainants on 30.05.2008. As per terms and conditions of agreement between parties, Ops were to provide all the basic amenities at site and thereafter, complainants were required to complete the construction work within three years. Vide letter dt 25.06.2014, Ops directed complainants to complete the construction work till May, 2016, but now, they have issued letter dated 11.03.2016, requiring complainants to deposit Rs.2,92,500/-as late construction fee against which complainant also made written request to Deputy Commissioner, Faridkot for directing Ops to withdraw the said notice. Complainants have already deposited Rs.14,700/-as compensation as per terms and conditions of allotment letter. 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.2,92,500/-as non construction fee for the period granted for making construction. And now, they have issued demand notice dated 1.07.2016 to pay Rs.4,28,400/-as non construction fee, which is 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 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 28.06.2014 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. 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.

11                                 In the light of above discussion, this Forum is of considered opinion that complainants have succeeded in proving their 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 complainants. 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 : 13.06.2017

 

            Member                                        President                                                            (P Singla)           (Ajit Aggarwal)