DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 27/2015
Date of Institution : 15.01.2015
Date of Decision : 17.08.2015
Varun Goyal S/o Krishan Kumar Goyal R/o Kothi No. 32, 16 Acre Scheme Barnala Tehsil & District Barnala.
…Complainant
Versus
Improvement Trust, Near Fountain Chowk, 22 Acre Scheme, Barnala through its Chairman/Executive Officer.
…Opposite Party
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Rajiv Goyal counsel for the complainant.
Sh. Anuj Mohan counsel for the opposite party.
Quorum.-
1. Shri S.K. Goel : President.
2. Sh. Karnail Singh : Member
3. Ms. Vandna Sidhu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant namely Varun Goyal has filed the complaint under Consumer Protection Act, 1986 (hereinafter called as Act) against Improvement Trust Barnala (hereinafter called as the opposite party).
2. The facts emerging from the present complaint are that the opposite party had developed a colony at Dhanaula Road, I.T.I Chowk Barnala namely Maharaj Aggarsain Enclave. At the time of selling the plots, the opposite party had agreed that they will provide many facilities to its residents and it will be the best colony at Barnala District i.e. water treatment plant, good electricity services, gardens, community building, good street lights, neat and clean road etc., as per Improvement Trust rules. It is further averred that the complainant purchased a residential Flat No. 5 Ground Floor in the said colony under open draw system vide letter memo No. 1099 dated 9.8.2011. As per the allotment letter complainant was to pay Rs. 18,60,000/- with interest. It is further alleged that authority was given under Punjab Apartment and Property Regulation Act 1995 and Trust rules to provide facilities to the owners/alloties of the plots. The opposite party also assured the complainant/alloties that the flats would be constructed with good materials. It is further alleged that the opposite party failed to provide any school, electricity transformers, pucca footpath and there is no proper street lights, no water treatment plant and the plinth level of the road is also lower than the main road. The stairs of flats are not constructed as per terms and conditions and the steps of stairs are made 8” to 9” which were wrong as per rules.
3. It is further alleged that complainant and his father wrote a letter to opposite party for the possession of above said flat dated 7.8.2014 and again sent registered letter dated 7.8.2014, 25.9.2014 and letter to Minister of Local Bodies Punjab Government Chandigarh dated 6.11.2014. But the opposite party failed to deliver the possession to the complainant till today. It is further alleged that the complainant took a loan at heavy interest from Bank to pay the huge amount of Rs. 18,60,000/- with interest to the opposite party but remained deprived of using the flat till date. Complainant assessed his loss at Rs. 20,000/- per month as if he rented out the property then he could fetch Rs. 20,000/- per month.
4. It is further alleged that the above said colony was not developed as per terms and conditions of the agreement and advertisement and there is no boundary in the colony, which is also against law and rules. It is alleged that the opposite party used sub standard materials for window door, wall, kitchen self and bathroom of the flats. It is further alleged that during rainy season the water stands in front of the house of the complainant and there is no proper drainage system and it can invites so many deceases like Dengue. Thus, the act of the opposite party falls within deficiency in service on their part. Hence, the present complaint is filed seeking the following reliefs:-
To provide all the facilities in the colony as early as possible and deliver the possession of Flat No. 5 to the complainant.
To pay Rs. 10,000,00/- as compensation and Rs. 50,000/- as litigation expenses alongwith postal order of Rs. 500/-.
5. Upon notice of this complaint, the opposite party appeared and filed written version taking legal objections interalia on the grounds of locus-standi, act and conduct, concealment of material facts, non-joinder of necessary parties and maintainability etc. On merits, the opposite party has submitted that they have not entered into any agreement with the complainant to provide any alleged facilities of school, electricity transformers, pucca footpath, street light or water treatment plant. It is further averred that the colony was developed by Improvement Trust as per terms and conditions contained in Brochure. The flat was properly constructed and it is a fit and safe for human habitation. It is averred that no water stands in front of the house of the complainant during rainy season. They have denied any deficiency in service on their part and prayed for the dismissal of complaint.
6. In order to prove his case the complainant tendered in evidence copy of Brochure Ex.C-1, copy of receipt Ex.C-2, copy of cheque Ex.C-3, copies of receipts Ex.C-4 to Ex.C-10, copy of letter dated 10.3.2014 Ex.C-11, copy of cheque for Rs. 1,39,500/- Ex.C-12, copy of cheque for Rs. 6,97,500/- Ex.C-13, copies of photographs Ex.C-14 to Ex.C-38, copies of letters Ex.C-39 to Ex.C-52, his own affidavit Ex.C-53, affidavit of Gautham Ram Ex.C-54, copies of news papers Ex.C-55 to Ex.C-57, affidavit of Reema Goyal Ex.C-58, report dated 14.7.2015 Ex.C59, photographs Ex.C60 to Ex.C79 and closed the evidence.
7. In order to rebut the case of complainant the opposite party tendered in evidence affidavit of Gora Lal Ex.O.P1, copy of Brochure Ex.O.P2, copy of letter dated Ex.O.P3 and closed the evidence.
8. We have heard the Ld. Counsels for the parties and gone through the evidence tendered by both the parties.
9. In order to prove his case the complainant tendered in evidence Ex.C-50 which is the allotment letter dated 9.8.2011 in favour of complainant of flat No. 5. This allotment letter further shows that the complainant was to pay Rs. 18,60,000/- in ten installments and the last installment was due on 8.8.2016. In compliance of the allotment letter, the complainant vide receipts No. 0646 Ex.C-2, Ex.C-4, Ex.C-5, Ex.C-6, Ex.C-7, Ex.C-8, Ex.C-9 and Ex.C-10 deposited Rs. 1,88,000/-, Rs. 3,51,400/-, Rs. 1,39,500/-, Rs. 1,41,600/-, Rs. 1,39,500/-, Rs. 1,39,500/-, Rs. 1,39,500/- and Rs. 6,97,500/- respectively. As per Ex.C-10 the complainant has deposited all the last five installments on 10.7.2014 amounting to Rs. 6,97,500/-. After depositing the entire amount of allotment the complainant requested the opposite party to deliver the possession of the said flat. Vide letter Ex.C-46/O.P3 the opposite party asked the complainant to take the possession of the flat on any working day. But instead of taking the possession the complainant wrote letter Ex.C-39 dated 6.11.2014 for returning the amount as there are many deficiencies and moreover the value of the flat was not more than Rs 14 lacs to Rs. 15 lacs. The complainant has also written letters Ex.C-42, C-43, C-44 and C-45 to the opposite party indicating deficiencies and showed reluctance to take possession.
10. Ld. Counsel for the complainant has submitted that the flat in question is not in a habitat condition, therefore firstly the opposite party is under obligation to remove the various defects as pointed out by the complainant prior to taking of possession of the flat. On the other hand Ld. Counsel for opposite party contented that the flat is constructed as per terms and conditions of the Brochure and the complainant is intentionally not taking the possession of flat. First there is no expert report on the record to show that the flat in question is having various defects as pointed out by the complainant in the complaint.
11. No doubt the flat is required to be fit for habitant but in the absence of any cogent evidence/document it cannot be hold that the flat was suffering from various defects as pointed out by the complainant. The best course for the complainant is to firstly take the possession of the flat in question and if he finds defects in the flat and if the same is not in accordance with the terms and conditions of the allotment letter/Brochure then he has the right to approach this Forum and he cannot be precluded from exercising his right as per law.
12. In view of the above discussion, there is no merit in the present complaint and the same is accordingly dismissed. However, there is no order as to costs. Copy of the order be supplied to the parties free of costs. The file after its due completion be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
17th Day of August, 2015.
(S.K. Goel)
President.
I do agree.
(Karnail Singh)
Member.
(Vandana Sidhu)
Member.
