BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.86 of 2014

Date of Instt. 05.03.2014

Date of Decision :26.02.2015

Madhu Arora aged about 30 years D/o Amarjit Lal Arora R/o H.No.50, Gali No.5, Sunder Nagar, Amritsar.

..........Complainant

Versus

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

.........Opposite party

Complaint Under Section 12 of the Consumer Protection Act.

Before: S.Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.YV Rishi Adv., counsel for complainant.

Sh.SKS Chhabra Adv., counsel for opposite party.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite party on the averments that the opposite party floated and carved out a land development scheme at Jalandhar known as 94.97 Acres Scheme, Surya Enclave Extension, Jalandhar (hereinafter referred to as said scheme) and invited applications for prospective buyers. The complainant who was resident of Amritsar and in desperate requirement of shifting to Jalandhar due to her family circumstances and being allured by the said scheme floated by opposite party known as Surya Enclave Extension, Jalandhar, with an assurance of its completion of its development within 3 years, applied to the opposite party for one plot measuring 200 square yards under the said scheme and alongwith her application she paid Rs.3,40,000/- as application money vide receipt No.079442 dated 7.9.2011. Opposite party in response to application of the complainant, on the basis of lucky draw, allotted to her plot No.231-D, measuring 200 square yards in 94.97 Acres development scheme i.e Surya Enclave Extension, Jalandhar vide its letter of allotment No.JIT/2823 dated 26.12.2011 at a total price of Rs.34,00,000/- i.e @ of Rs.17,000/- per square yard. As per terms and condition of the allotment No.JIT/2823 dated 26.12.2011, the complainant was to raise construction over the said plot within 3 years and the land was to be developed by the opposite party before the said period of three years. In compliance to the obligations of the complainant under letter of allotment No.JIT/2823 dated 26.12.2011 and in order to expedite early construction of the plot on account of acute personal need, the complainant apart from depositing 1/4th of the price of the plot and cess fee, also deposited Rs.950/- towards sales agreement fee vide receipt No.50729 dated 24.1.2012 to the opposite party and personally approached the opposite party to give immediate possession of the plot in question and further on assurance of the official of the opposite party that the possession of the plot will be soon delivered to her, further paid installments of the said plot. In due course of time it was observed that the opposite party is not only neglecting to deliver her possession of the plot but also not developing the land pertaining of the said plot as per their approved site plan. The complainant has paid to the opposite party a sum of Rs.16,24,450/- against the plot till date. The details of payments made to opposite party is as under:-

2. From the date plot in question has been allotted to the complainant, she has been requesting the opposite party for execution of the sale agreement and to hand over possession of the plot in question and asked it for tentative date for delivery of the allotted plot to her, but the opposite party is not responding to the genuine requests of the complainant nor is giving any satisfactory explanation for the delay in delivering possession. It is further observed by the complainant that opposite party has utterly failed to carry out any development work on the land alleged to fall within the said scheme known as 94.97 acres scheme, Surya Enclave Extension, Jalandhar. As the complainant has fulfilled all her commitments under the allotment letter No.JIT/2823 dated 26.12.2011 issued by opposite party but the opposite party has utterly failed to fulfill its commitments as per terms and conditions of allotment letter No.JIT/2823 dated 26.12.2011 and has totally ignored the request of the complainant. The opposite party has even failed to develop the land under its said land development scheme. The complainant on the belief that she would be able to construct her residential house within three years and can shift to Jalandhar as per her extreme necessity has applied for the plot and paid huge sum of Rs.16,24,450/- which she was able to manage by borrowing from her relative, near and dears and saving. The complainant has even personally visited the office of the opposite party from time to time and coming from Amritsar and finally on finding that the opposite party is only giving false assurance without any fruitful results asked it to refund the money she has paid against the plot in question allotted by the opposite party. Opposite party is guilty of rendering deficient and negligent service and have adopted unfair trade practice as envisaged under the Act and caused mental pain and agony, harassment and inconvenience in dealing with the claim of the complainant. Delay per se is sufficient to saddle the charge of deficiency against the opposite party. On such like averments, the complainant has prayed for directing the opposite party to repay the amount of Rs.16,24,450/- alongwith interest @ 12% P.A from the date of payment of the said amount by her to the opposite party till the date of repayment. She has also claimed Rs.1 Lac as compensation and further Rs.10,000/- as litigation expenses.

3. Upon notice, opposite party appeared and filed a written reply raising preliminary objection regarding jurisdiction, maintainability, limitation, resjudicata, not approaching the Forum with clean hands etc. On merits it pleaded that due to stay granted by the court regarding surrounding Khasra numbers, the development work is slow. It further pleaded that complainant herself is not raising construction over the said plot in order to avoid negligence and she never came forwarded to take the possession of the plot in question. It further pleaded that opposite party never refused to deliver the possession of the allotted plot to the complainant. It denied other material averments of the complainant.

4. In support of her complaint, learned counsel for the complainant has tendered affidavit Ex.CA alongwith copies of documents Ex.C1 and Ex.C7 and evidence of complainant closed by order.

5. On the other hand, learned counsel for opposite party has tendered affidavit Ex.OP1/A and Ex.OP2/B and closed evidence.

6. We have carefully gone through the record and also heard the learned counsels for the parties.

7. It is not disputed that complainant was allotted above said plot in development scheme known as Surya Enclave Extension, Jalandhar. According to the complainant, she has already paid Rs.16,24,450/- to the opposite party trust but opposite party trust has failed to deliver the possession of the allotted plot to her. Further according to the complainant, the opposite party has failed to carry out the development work in the above scheme. On the other hand, counsel for the opposite party trust contended that complainant herself never came forwarded to take possession of the allotted plot and opposite party never refused to deliver the possession to her. Counsel for the complainant contended that the complainant even served legal notice dated 6.2.2014 Ex.C1 to opposite party asking it to deliver physical possession of the allotted plot No.231-D measuring 200 Sq.Yards but it has failed to do so. In the present complaint, the complainant has asked for refund of the amount of Rs.16,24,450/- paid by her to the trust alongwith interest on the ground that opposite party trust has failed to deliver the possession to her inspite of demand. Although the complainant has not specifically prayed for possession of the plot but opposite party has specifically pleaded that it never refused to deliver the possession of the plot to the complainant and that complainant herself never came forwarded to take possession of the plot. The opposite party has also filed affidavit Ex.OP1/A of Dyal Chand Garg, Executive Office of Jalandhar Improvement Trust in this regard. So in these circumstances, the opposite party can not be directed to refund the amount paid by complainant to her. Complainant can approach the opposite party trust to take possession of the allotted plot and on its failure to do so, complainant can initiate appropriate legal proceedings against it. However opposite party is deficient in its services in not developing the scheme area within stipulated period. The complainant has paid Rs.16,24,450/- to the opposite party trust and without proper development the complainant can not be excepted to raise construction over her plot. It is in the written reply of opposite party as well as affidavit of Executive Office that due to stay granted by the court regarding the surrounding Khasra numbers the development work is slow meaning thereby that the opposite party trust has failed to fully develop the scheme area till the date of filing of the written reply which was filed on 4.8.2014. Ex.C6 is allotment letter in respect of the plot allotted to the complainant. In clause 7 of the allotment letter, it is stipulated that development work in the scheme shall be completed within 2 1/2 years. The allotment letter is dated 26.2.2011. So opposite party trust was supposed to complete the development work in the scheme area by June 2013 but as already observed above it has failed to fully develop the area till the date of filing of the written reply i.e 4.8.2014. The delay in developing the scheme area within stipulated period constitute deficiency in service for which complainant is entitled for compensation. The complainant has prayed Rs.1 Lacs as compensation which in the circumstances of the present case is quite reasonable as complainant has already paid huge amount of Rs.16,24,450/- to the opposite party trust.

8. In view of above discussion, the present complaint is partly accepted and opposite party trust is directed to pay Rs.1 Lac as compensation to the complainant within one month from the date of receipt of copy of this order failing which it shall be liable to pay interest @ 9% PA after expiry of said period of one month till the date of payment. Complainant is also awarded Rs.3000/- as litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

26.02.2015 Member Member President