BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.320 of 2021

      Date of Instt. 20.09.2021

      Date of Decision: 03.09.2024

Harish Sharma S/o Lt. Sh. Amrit Lal Sharma 36/2, Hargobind Nagar Dhogri Road, P. O. Nurpur Jalandhar, Punjab.

Presently at: Harish Sharma S/o Lt. Sh. Amrit Lal Sharma House No.122 A Toor Enclave Phase-1 Chak Jinda Road Jalandhar-1, P. O. Grain Market, Jalandhar-144008.

..........Complainant

Versus

Jalandhar Improvement Trust, Model Town Road, Jalandhar City. Through its Executive Officer.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)

Present:       Sh. Darshan Singh Ahuja, Auth. Rep. for Complainant.

                   Sh. Sachin Sharda, 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 complainant submitted an application No.30885 to OP alongwith all the requisite documents. The complainant was allotted LIG Flat No.185, Second Floor in Vikas Scheme Indra Puram (Master Gurbanta Singh Enclave), Jalandhar in a lucky draw dated 13.06.2006 at Jalandhar. The information regarding the allotment of LIG flat was given by OP vide its letter No.JIT/4093 dated 04.09.2006, to the complainant. The very first payment towards the earnest money of Rs.18,000/- was paid by the complainant before the allotment of flat, which was also acknowledged by the OP in the above said allotment letter. The complainant made the payment of the said Flat i.e. Rs.3,70,200/- by way of installments. After payment of full price of the Flat, OP demanded enhancement amount vide letter dated 11.09.2009, which was duly paid by the complainant in the sum of Rs.30,141/-. The complainant and all other allottees were called by the officials of the OP in its office situated at Skylark Chowk, Model Town Road, Jalandhar, where the concerned officers of the OP got signed the memo of delivery of possession of the flat from the complainant and all other allottees. Meaning thereby, only symbolic possession was given in papers and however, after a couples of days, the complainant and some other allottees were called at the spot for delivery of physical possession of the flat and on visiting at the spot, they found the construction material and fittings were not according to the ISI/PWD standards. Furthermore, the said flats were not fit for human habitation as there was no electricity supply, a single approach road was also not proper and was quite inadequate, there was no supply of water in the flats and sewerage pipelines were not connected there was yet no supply of electricity, sub-standard material was used in construction work, work of approach road, the works of piped LPG, works of water supply and sewerage connection were pending and there was no explanation from the concerned officials of the OP to the above defective and incomplete works. Also there was no power line, electricity transformer in the above said enclave and in order to get installed power lines, electricity poles and transformers for getting power supply of residential flats, balance amount of Rs.10,78,711/- was demanded by PSPCL from Jalandhar Improvement Trust and the same was also not timely deposited by JIT. In this way, the complainant is suffering great financial loss as well as mental tension and harassment 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 provide all the promised and proposed amenities in the complex as well as in the said flat in question, which were proposed to be provided as per the Allotment Letter and Brochure of the present scheme especially to ensure two separate and proper approach roads at least 40 feet and 45' feet wide as proposed and promised, adequate supply of the water and also to ensure proper working of sewerage system as well as to remove all the defects in construction and sub-standard materials used therein and rectify the same, to construct Community Hall as per proposed construction designs and further to award penal interest @ 18% on the entire amount deposited for the flat for the period from date of respective deposits, till the date all the defects in construction and its sub-standard materials are removed and rectified, basic amenities of proper and adequate approach roads, water supply and sewerage system are provided in the said flat as the complainant could not make use of the said flat even for a single day in view of the fact that the same is not fit for human habitation due to lack of facilities of water supply and sewerage connection and to pay Rs.2,00,000/- towards compensation and damages for mental tension, torture and physical harassment of the complainant and Rs.10,000/- as litigation expenses or in the alternative to return the entire deposited amount of Rs.4,00,341/- alongwith interest @ 18% from the dates of making deposits till realization of this amount.

2.                Notice of the complaint was given to the OP who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in present form. It is further averred that the claim of the complainant is hopelessly barred by limitation as such, complaint deserves to be dismissed on this score alone. It is further averred that the complainant has no locus-standi to file the present complaint. It is further averred that the complainant has suppressed the material facts from this Forum as such, the complaint deserves to be dismissed on this score alone. On merits, the factum with regard to allotment of the flat to the complainant is admitted and it is also admitted that the complainant paid the amount of the flat to the OP, 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 learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the complainant very minutely.

6.                It is not disputed that the Flat No.185, Second Floor of the development scheme Indira Puram, Master Gurbanta Singh Enclave, Jalandhar was allotted to the complainant, vide allotment letter dated 04.09.2006, which has been proved as Ex.C1. As per the conditions of the allotment letter, the complainant paid the total amount of Rs.3,70,200/- in installments and earnest money of Rs.18,000/- was deposited before the allotment. The complainant has proved on record the copies of the receipts of payment of installments Ex.C-3 to Ex.C-9. The value of the flat was enhanced and the allottees were asked to deposit the enhanced amount of Rs.30,141/- vide letter dated 11.09.2009 Ex.C-10 and the complainant deposited the same, vide receipts Ex.C11 to Ex.C-13. The grievance of the complainant is that despite taking the installments and the entire amount, the physical possession of the flat complete in all respect, was not delivered even after repeated and continuous requests. The contention of the complainant is that standard material was not used by the OP and other civil amenities like electricity connection, water connection and gas connection were not provided to the complainant, there is no street and no proper approach to the property as per the terms and conditions as stated in the brochure and the OP has violated the terms and conditions of the allotment letter. Moreover, Association Indra Puram Master Gurbanta Singh Enclave approached OP and wrote number of letters Ex.CB-4 to Ex.CB-11. Vide Ex.C-18 the OP admitted that the connection is yet to be given by the electricity board. Vide Ex.C-19 the OP admitted about the non-availability of approach road 45 feet wide. Perusal of the report of Valuer Ex.C-20 alongwith photographs Ex.C-21 and Ex.C-22 shows that there were no amenities and facilities at Indra Puram Enclave. News cuttings, which highlighted the conditions and progress in the Flat have been proved on record as Ex.CB12 to Ex.CB15.

7.                The contention of the OP is that the present complaint is time barred and hence not maintainable, but this contention is not tenable as the report of the valuer alongwith photographs have been proved on record by the complainant Ex.C20 to Ex.C22. These photographs and report of the valuer show that the facilities and development in the Indira Puram is incomplete, meaning thereby there is no development at all. It has been held by the Hon’ble State Commission, in “Manoj Bagroy Vs. M/s N. H. Matcon” in consumer complaint no.429 of 2019, decided on 07.01.2020 that even if the possession is taken by the consumer, it would be a incomplete and invalid delivery of possession for the want of the amenities. It was observed by the Hon'ble State Commission in the above said case that the OP had not obtained the occupation certificate and completion certificate from the competent authorities to enable them to deliver the complete and effective possession to the allottess. Until and unless they obtain such certificate, it cannot be held that complete possession has been delivered and there is continuous cause of action in favour of the complainant till the obtaining of such certificates by the OP and the complaint filed by the complainant was held to be within limitation. In the present case, the flat owners also wrote number of letters Ex.CB-4 to Ex.CB-11 to the OPs and Govt. to provide development facilities. The OP has produced on record document Ex.OP1/A i.e. Possession Slip. 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 they had handed over the possession of the flat complete in all respect, including the amenities, as per the condition of Ex.C-1. Even otherwise, Completion Certificate, as envisaged under section 14 of the Punjab Apartment and Property Regulation Act, 1995 (in Short "PAPRA") is the most essential document, which should have been produced with regard the matter in issue but the same has not been produced by the OP to prove that Flat in question as well as basic amenities in the entire complex have been completed in all respects.

8.                In such circumstances, as per law laid down by the Hon’ble State Commission in a case titled as “Manoj Bagroy Vs. M/s N. H. Matcon”, the symbolic and incomplete possession was given to the complainant. The complaint is within limitation and the complainant cannot be made to wait for delivery of possession for an indefinite period and his demand for refund of the amount deposited by him was justified on account of failure of OP to complete the project/flat within the stipulated time period. We are supported by the judgment of Hon'ble State Commission, Punjab Chandigarh in First Appeal No.87 of 2020 titled as ‘Jalandhar Improvement Trust versus Mahabir Prasad’ decided on 10.08.2020, wherein it has been held that ‘complainant cannot be made to wait for delivery of possession for an indefinite period and his demand for refund of the amount deposited by him was justified on account of failure of OP to complete the project/fiat within the stipulated time period Even no completion certificate or occupancy certificate has been produced on record by OP to complete the project/flat within the stipulated time period’. Thus, the complainant is entitled for the relief.

9.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to refund the amount paid/deposited by the complainant for Flat with interest @ 9% per annum from the date of making deposits till its realization. Further, OP is directed to pay a compensation of Rs.30,000/- for causing mental tension and harassment to the complainant and litigation expenses of Rs.8000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order and in case, the same is not done within 45 days, the OP shall be liable to pay additional interest @ 3% per annum to the complainant, on the amount of the Flat deposited by the complainant. 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     

03.09.2024         Member                          Member           President