BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

 Complaint No.209 of 2018

      Date of Instt. 14.05.2018

      Date of Decision: 01.10.2019

Gopal Krishan son of Shri Sundar Lal, resident of WR-183, Basti Sheikh, Tehsil and District Jalandhar through its General Power of Attorney Holder Shri Amandeep Singh son of Shri Harwinder Singh, resident of 293/6-A, Central Town, Jalandhar.

..........Complainant

Versus

Jalandhar Improvement Trust, Jalandhar through its Chairman/Administrator.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Sh. Karnail Singh           (President)

Smt. Jyotsna                   (Member)

Present:       Sh. R. K. Arora, Adv Counsel for the Complainant.

Sh. M. S. Sood, Adv Counsel for the OP.

Order

Karnail Singh (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant is resident of above address and he is consumer of the OP as a LIG Flat No.9-A, GF of 542 Sq. Feet was allotted to the complainant for a total sum of Rs.6,26,422/- by the JIT under its 51.5 acre scheme known as Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar vide allotment letter No.JIT/7823 dated 28.01.2010 as per terms and conditions enumerated in the said allotment letter. That the very first payment towards the earnest money of Rs.60,000/- was paid by the complainant before the allotment of plot, which was also acknowledged by the OP in the above said allotment letter.  As per allotment letter dated 28.01.2010, the complainant was required to deposit subsequent installments  and since on account of some unavoidable circumstances, the complainant was personally not able to visit and deposit the installments from time to time as per the clause No.15 of the allotment letter, as such, the complainant had to execute a General Power of Attorney in favour of his friend Shri Amandeep Singh to deal the OP in respect with all the matter concerning the aforesaid flat NO.9-A, hence, after the allotment of the said flat and Amandeep Singh being attorney of the complainant paid installments of the flat i.e. Rs.6,26,422/- on different dates. After payment of all the installments towards the sale price of the flat allotted by the OP, the complainant approached the concerned officials of the OP for execution of the agreement to sell as per the clause No.7 of the allotment letter and completed all the papers formalities after singing desired documents and the OP was required to handover possession of the flats immediately thereafter, the possession of the flat has yet not been delivered inspite of the fact that the complainant made repeated visits to the office of OP and till today. Despite repeated request and visits, OP did not deliver the possession of the flat to the complainant. The act and conduct of the OP is tantamount to deficiency in service and as such, the instant complaint filed by the complainant with the prayer that the complaint of the complainant may be accepted and OP be directed to handover the possession of the Flat No.9-A, GF to the complainant and be further directed to award penal interest @ 18% PA on the entire amount deposited for the plot for the period it is lying blocked as neither possession nor the title has been transferred in the name of the complainant and further directed to execute transfer and conveyance deed or agreement of sale in favour of the complainant and further, OP be directed to pay compensation to the complainant for causing mental harassment and agony, to the tune of Rs.2,50,000/- and OP be also directed to pay litigation expenses of Rs.10,000/- or in the alternative to return the entire deposited amount of Rs.6,26,422/- along with interest @ 18% from the dates of making deposits till realization of this amount.

2.                Notice of the complaint was given to the OP, who appeared through its counsel and filed reply and contested the complaint by taking preliminary objections that the   OP has vide letter dated 15.05.2018 has duly intimated the complainant through his attorney to obtain possession of flat No.9-A of Bibi Bhani Complex. Neither the attorney holder nor complainant has approached to the OP to obtain possession of flat in dispute as per rules. On merits, it is admitted that the flat in question has been allotted to the complainant and complainant has also deposited the entire price of the flat, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.

3.                In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavits of the complainant Ex.CA and Ex.CB alongwith some documents Ex.C-1 to Ex.C-9 and then closed the evidence.

4.                Similarly, counsel for the OP tendered into evidence affidavit Ex.OPA and documents Ex.OP-1 and Ex.OP-2 and closed the evidence.

5.                We bestowed our thoughtful consideration to the submissions made by learned counsel for the respective parties and also gone through the case file very minutely.

6.                After taking into consideration the respective submission of both the counsel for the parties, we find that the dispute between the parties is only whether the possession of the flat in question is delayed for negligence of the OP or not. The other facts in regard to allotment of the LIG Flat 9-A, Ground Floor, Vikas Scheme 51.5 Acre, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar is admittedly allotted to the complainant, vide allotment letter Ex.C-2 dated 28.01.2010. The complainant alleged that as per allotment letter, the OP has to complete the construction work within 2½ years and thereafter, handed over the possession to the allottee complete in all respect i.e. alongwith amenities and ultra-modern facilities with quality of standard construction. The construction work of the flat was agreed to be completed within stipulated period as enumerated in Clause-7 of the allotment letter Ex.C-2, but in this case, the OP has not delivered the possession of the same to the complainant till today. Rather the plea of the OP is only that a letter Ex.OP-1 dated 15.05.2018 sent to the complainant for taking possession of the flat, but the complainant himself did not turn up to take the possession and as such, the complainant himself defaulted by not coming forward to take the possession of the flat as per terms and conditions of the allotment letter. In this case, the complainant has established on the file that since a day of allotment of letter i.e. 28.01.2010, the OP has miserably failed to complete the construction within a stipulated period of 2½ years. It is pertinent to make clear here that the complainant has already deposited the entire price money of the said flat, if so, then the complainant is legally entitled to get the possession of the flat and live therein to enjoy the feeling of his own home, but from that facility, the complainant was deprived by the OP for long time. Even during the pendency of this complaint, the OP has not brought on the file any cogent and convincing evidence, whereby the OP can establish that the construction work of the flat has been already completed and the same is fit for delivery to the complainant. So, in the absence of this type of evidence from the side of the OP, itself shows that the flat in question are still not ready and inhabitable for human being and due to that reason, the actually and physical possession has not been given by the OP to the complainant, which is clear cut deficiency and negligence on the part of the OP and as such, we are of the opinion that after waiting a long time, the complainant became frustrated and demanded the return of the money along with interest, compensation and litigation expenses.

7.                We find there are much substances in the argument of learned counsel for the complainant, therefore, the complaint of the complainant is partly accepted and OP is directed to refund the price of the flat i.e. Rs.6,26,422/- along with interest @ 12% per annum from the respective date of deposit of installments, till realization and further OP is directed to pay a compensation to the complainant for mental agony and harassment caused to the complainant, to the tune of Rs.30,000/- and further directed to pay litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                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                                       Jyotsna                           Karnail Singh

01.10.2019                                        Member                          President