BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.
Complaint No.302 of 2019
Date of Instt. 02.08.2019
Date of Decision: 22.06.2021
Parveen Bala age 67 years W/o Sh. Krishan Chander R/o H. No.3734, Mohalla Bhallian, Kartarpur, Tehsil and District Jalandhar.
….. Complainant
Versus
The Jalandhar Improvement Trust, Jalandhar, through its Chairman/Executive Officer.
..…Opposite Party
Complaint under the Provisions of Consumer Protection Act.
QUORUM:
SH. KULJIT SINGH, PRESIDENT
MRS. JYOTSNA, MEMBER
ARGUED BY:
For Complainant : Sh. S. K. Gautam, Advocate
For OP : Sh. Deepak Sidana, Advocate
ORDER:-
KULJIT SINGH, PRESIDENT
The present complaint has been filed by complainant Parveen Bala against the OP on the averments that she has been allotted Flat No.70, 1st Floor, Block-A under Development Scheme in Indra Puram Master Gurbanta Singh Enclave, Jalandhar on 13.06.2006 in a lucky draw. The agreement executed between the parties on 30.10.2006. The complainant paid all the installments and the possession of the flat has been handed over to him. In the agreement for sale, it was agreed by the OP that all the basic amenities including Roads, Streets, Water Supply, Drainage and Sewerage, Street Lights and other facilities within the area shall be provided by the JIT. Till date, the OP has not provided any basic or civic amenity to the complainant and complainant suffered a lot of injury and harassment and has not been able to abode in the premises due to the deficiency of the OP and breach of agreement and trust. The complainant is a consumer as defined in Consumer Protection Act and there is clearly deficiency in service by OP. The legal notice dated 03.05.2019 was sent to the OP by the complainant through her counsel 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 compensation of Rs.10,00,000/- alongwith interest @ 18% per annum.
2. Upon notice, OP appeared and filed its written reply and contested the complaint of the complainant by raising preliminary objections that complaint is not maintainable in the present form, as such the present complaint is liable to be dismissed. The present complaint of the complainant is a time barred and she has admitted in Para No.2 that the possession of the flat has been handed over to the complainant, but intentionally has not given the date of taken the possession to clarify the facts that the possession of the plot has been handed over to him on 08.10.2009 and the present complaint has been filed after a gap of at least 10 years. The law provides if any grouse arises to the complainant, he/she shall file complaint before this Commission within two years and the present complaint has been filed after gap of 10 years as such, the present complaint is hopelessly time barred. As such, the present complaint is liable to be dismissed. That the present complaint is vague, false and frivolous to the knowledge of the complainant, as such, the present complaint is liable to be dismissed. In the present case, after taking the possession, the complainant was satisfied and now after a gap of 10 years, she has filed the present complaint and under the garb of present complaint, she wants to get the claim of monetary compensation, which is not maintainable before this Commission. The complainant is guilty of concealment of facts. Till date no complaint whatsoever has been filed by him to the answering respondent i.e. OP, which clearly shows that the complainant was satisfied in purchasing the flat in question, as such, the present complaint is liable to be dismissed. That the complainant is not the consumer as she has already given the affidavit that she has sold the plot to Deep Mal wife of Sh. Sandeep Kumar, Mohalla Ballian, Kartarpur, District Jalandhar. This clearly shows that she has purchased the plot for commercial purposes to be sold to the other person at a higher price as such, the present complaint is not maintainable. On merits, the factum in regard to receiving the possession of the flat on 08.10.2009 and till date no complaint whatsoever has been filed, is 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 not filed.
4. In order to prove their respective versions, both the parties produced on the file their respective evidence.
5. We have heard learned counsel for the parties, examined written arguments filed by complainant and have also gone through the record very carefully.
6. It has been established fact that complainant has been allotted flat no.70, 1st Floor, Block A under Development Scheme in Indra Puram Master Gurbanta Singh Enclave Jalandhar on 13.06.2006 in a lucky draw. The complainant alleged that she paid all the installments and possession of flat has been handed over to her. But till date, OP has not provided any basic and civic amenity to her and she suffered a lot of injury and harassment.
7. On the other hand, OP alleged that possession of the plot has been handed over to complainant on 08.10.2009 and present complaint has been filed after a gap of at least 10 years. The law provides if any grouse arises to the complainant, he/she shall file complaint before this Commission within two years, as such the present complaint is hopelessly time barred. The possession of the flat was received by the complainant on 08.10.2009 and till date she has not complained to OP whatsoever. OP denied any deficiency in service or unfair trade practice on the part of OP.
8. The allotment letter Ex.C-2 on the record, this letter dated 04.09.2006. Ex.C-1 is copy of agreement for sale. Ex.C-4 is legal notice dated 03.06.2019 served upon OP and Ex.C-5 is postal receipt thereof. On the other hand, OP has tendered copy of letter regarding transfer of plot/booth/flat in Development Scheme is Ex.OP-2. Ex.OP-3 is copy of possession slip of the flat. Ex.OP-4 is copy of affidavit from Transferee.
9. From perusal of entire record of the file, it has been transpired that the Flat no.70 situated at 1st Floor Block A under Development Scheme in Indra Puram Master Gurbanta Singh Enclave Jalandhar allotted to the complainant on 04.09.2006, this fact was clear from copy of allotment letter Ex.C-2 placed on the record. Possession of the flat was handed over to the complainant 08.10.2009 this fact is clear from copy of possession slip Ex.OP-3 placed on the record. This slip was signed by the complainant and in this slip it is clear that complainant satisfied with wood work, internal water supply, sewer, electrification and construction work of OP. The complainant filed the present complaint on 02.08.2019 and possession of the flat in question was delivered to the complainant on 08.10.2009. The complainant has filed the present complaint after a gap of 10 years from receiving the possession of the flat. Why complainant kept mum for at least 10 years. As per law, the complaint should be filed within two years from receiving the possession of the flat in question, therefore, the present complaint is hopelessly time barred.
10. In the light of our above discussion, we dismissed the complaint of the complainant as time barred. Parties are left to bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.
11. File be indexed and consigned to the record room after its due compliance.
Announced in open Commission
22nd of June 2021
Kuljit Singh
(President)
Jyotsna
(Member)
