BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.304 of 2019

      Date of Instt. 05.08.2019

      Date of Decision: 29.11.2023

Gaurav Gupta aged about 35 years, son of Sh. Ashwani Kumar, resident of 75, New Jawahar Nagar, Jalandhar.

..........Complainant

Versus

Jalandhar Improvement Trust, Opp. Skylark Hotel, Jalandhar through its Chairman.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                             (Member)                                          Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Saurabh. K. Gupta, Adv. Counsel for Complainant.

                   Sh. Deepak Sidana, Adv. Counsel for OP.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP issued an advertisement in the year 2009 via various media in the shape of brochures, newspaper advertisement etc. for advertising development and construction of 276 Triple Storey L.I.G. flats Bibi Bhani Complex' in 28 Kanals 9 Marlas of land situated at Guru Amar Dass Nagar, Jalandhar and invited applications from general public qua booking of said flats. O.P. also advertised the price of said flats, which is given hereunder:-

                   In the brochures, rosy picture was shown qua the flats and in this way, O.P. allured general public to invest money in the said scheme. Complainant also got allured in scheme floated by O.P. and booked a flat and consequent to booking of a flat, O.P. issued an allotment letter bearing No.JIT/7808 dated 28.01.2010 allotting Flat No.36-A, 2^nd Floor to O.P. in above said scheme. As per clause 7 of said allotment letter, it was clearly stipulated that O.P. shall be responsible to construct and develop the aforesaid area within a period of 2.5 years and shall provide all amenities within the stipulated period. The O.P. received a sum of Rs.60,000/- towards earnest money and thereafter, payment scheme was given in clause 15 of the said allotment letter, according to which 10 annual payments and interest has to be paid. The OP made payment of all 10 annual installments along with interest, costs, expenses etc. and in totality, sum of Rs.6,52,098/- was received by O.P. towards the full and final payment of the sale consideration of the said flat. The complainant inspected the site and on inspection, he was shocked to see that O.P. cheated complainant as not only O.P. failed to develop the land as per scheme, but only structural construction was raised at the spot. Further LPG Gas line has not been laid and O.P. failed to provide basic amenities in said locality viz. electricity, sewerage connection etc., as promised and advertised. Aforesaid action of O.P. amounts to deficiency in services apart from adopting unfair trade practice on its part. The complainant ran from pillar to post and requested officials of Jalandhar Improvement Trust, Jalandhar either to construct, develop and provide the amenities as agreed or to refund the amount of sale consideration along with interest thereon but O.P. failed to do so. The complainant also got served a legal notice requesting the O.P. through its Chairman to refund the amount of sale consideration of Rs.6,52,098/- paid by complainant along with interest, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to  pay a sum of Rs.6,52,098/- to complainant with interest @ 24% per annum from the date of respective amounts were paid by the complainant to OP till its realization and further OP be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and other relief as the Court may deem fit in the facts and circumstances of the case.

2.                Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the complaint of the complainant is not maintainable in the present form, as such, the present complaint is liable to be dismissed. It is further averred that the present complaint is a time barred. It is further averred that the present complaint is vague, false and frivolous to the knowledge of the complainant, the complainant given the false affidavit on 26.2.2009 that he is not having any plot residential or flat Improvement Trust Scheme, whereas, he is residing in 75, New Jawahar Nagar, being owned by complainant as the New Jawahar Nagar Scheme is the scheme of the Jalandhar Improvement Trust, Jalandhar as such, the present complaint is liable to be dismissed. It is further averred that the complainant is guilty concealment of facts. Till date no complaint whatsoever has been filed by the complainant to the answering respondent i.e. OP, which clearly shows that the complainant was satisfied with the conditions at the spot that is why, he has agreed to purchase the flat, as such, the present complaint is liable to be dismissed. It is further averred that the complainant is estopped from filing the present complaint by his own act and conduct. The complainant written was a letter vide letter No.2667 dated 9.9.2016 to come present in the office for execution of agreement to sell, but he never turned up to execute the same. Even a letter was written to the complainant to take the physical possession of the flat on 30.05.2017, in case he did not turn up, then it is presumed that the complainant has received the possession of the flat. As such, the present complaint is liable to be dismissed. On merits, the factum with regard to allotment of the flat to the complainant and the facts regarding payment to the above said flat to the OP is also admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the arguments from learned counsel for the respective parties and have also gone through the case file very minutely.  

6.                The complainant was admittedly allotted the Flat No.36-A, Block-A, vide allotment letter Ex.C-4. The complainant has proved on record that he has made the payment of Rs.6,52,098/- for the allotment vide receipts Ex.C-5 to Ex.C-15. The complainant has alleged that the OP failed to develop the land as per scheme, LPG Gas pipeline has not been laid and also failed to provide basic amenities in said locality like electricity, sewerage connection etc. The complainant also got served a legal notice but all in vain.

7.                The contention of the OP is that complaint is time barred. The complainant took the flat in question on allotment vide allotment letter No.JIT/7808 dated 28.01.2010. The complainant was informed vide letter No.2667 dated 09.09.2016 for execution of agreement to sell, but he never turned up to execute the same, even a letter was also written to the complainant to take the physical possession of the flat on 30.05.2017, but he failed to take the possession of the flat.

8.                The complainant has simply alleged that the amenities or the facilities were not complete on the spot, but he has not produced on record any photographs or news cuttings of the site.  As per allegations of the complainant, the OP has not handed over the possession to the complainant till now, but the complainant has nowhere alleged as to when he has approached the OPs for taking the possession. The complainant has not mentioned the dates when he ever visited the office of the OP to take the possession nor has proved on record any representation made by him for getting the possession or refund or any complaint made by the complainant to the OP for not handing over the possession to him. The complainant has also not proved on record any document to show that the OPs ever refused to give him the possession. The complainant has simply stated that the possession has not been delivered to him.

9.                Perusal of the record and the documents produced by both the parties further show that the allotment was made on 28.01.2010. The last payment was made on 08.01.2015. There is no document or explanation on the record to show that the complainant ever approached the OP after 08.01.2015 for the possession or refund of money as alleged. Even after receipt of letter Ex.OP-1, efforts were not made by the complainant. The last letter Ex.OP-1 is dated 27.05.2017 and legal notice was issued on 15.07.2019 after two years one month and 19 days. The complaint as per Consumer Protection Act can be filed within two years from the date on which the cause of action has arisen, but the complainant has filed the complaint without any request of condonation of delay on 05.08.2019, which is clearly time barred, therefore, the complaint of the complainant is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

10.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

29.11.2023         Member                          Member           President