BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.435 of 2015

Date of Instt. 06.10.2015

Date of Decision : 20.09.2016

Sohan Lal Kundi son of Jagat Ram, R/o House No.32, Model House, Jalandhar City.

..........Complainant

Versus

Jalandhar Improvement Trust, Jalandhar, through its Chairman.

.........Opposite party

Complaint Under Section 12 of The Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Arvind Randev Adv., counsel for the complainant.

Sh.Manuj Dhamija Adv., counsel for the opposite party.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of 'The Consumer Protection Act' against the opposite party (hereinafter called as OP) on the averments that the complainant applied for allotment of flat to the OP and deposited a sum of Rs.60,000/- on 26.2.2009. Resultantly, the complainant was allotted LIG Flat No.7-A, First Floor, in Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, vide allotment letter No.7004 dated 28.1.2010 and the complainant deposited the entire amount of Rs.6,24,800/- of the flat in question to the OP in ten installments from 19.7.2010 to 11.7.2012 of Rs.42,360/- each. The complainant also executed agreement of sale regarding the flat in question. As per clause 7 and 9 of the allotment letter, the OP was liable to hand over the possession of the flat in question to the complainant on receipt of entire amount of the flat in question and on execution of agreement of sale but the OP did not hand over the possession of the flat in question to the complainant despite so many requests made by the complainant and despite service of letter/reminders dated 10.7.2014, letter dated 23.7.2014, letter dated 5.8.2014, legal notice dated 15.9.2014. On such averments, the complainant has prayed for directing the OP to refund the amount deposited by the complainant of Rs.6,24,800/- alongwith interest @ 18% per annum. He has also claimed compensation and litigation expenses.

2. Upon notice, OP appeared through counsel and filed a written reply pleaded that the construction work of the flat under Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, is being delayed due to ongoing litigation regarding the area covered under the scheme. So, the OP can not be held liable to delay caused. The OP wants to complete the flats and shall deliver the possession of the flats to the allottees as soon as reasonably possible.

3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C15 and closed his evidence.

4. On the other hand, learned counsel for the OP has tendered into evidence affidavit Ex.OP/A and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that the complainant applied for allotment of flat to the OP and deposited a sum of Rs.60,000/- on 26.2.2009. Resultantly, the complainant was allotted LIG Flat No.7-A, First Floor, in Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, vide allotment letter No.7004 dated 28.1.2010 Ex.C15 and the complainant deposited the entire amount of Rs.6,24,800/- of the flat in question to the OP in ten installments from 19.7.2010 to 11.7.2012 of Rs.42,360/- each. The complainant also executed agreement of sale Ex.C7 regarding the flat in question. As per clause 7 and 9 of the allotment letter, the OP was liable to hand over the possession of the flat in question to the complainant on receipt of entire amount of the flat in question and on execution of agreement of sale but the OP did not hand over the possession of the flat in question to the complainant despite so many requests made by the complainant and despite service of letter/reminders dated 10.7.2014 Ex.C4, letter dated 23.7.2014 Ex.C5, letter dated 5.8.2014 Ex.C6, legal notice dated 15.9.2014 Ex.C2. Learned counsel for the complainant submitted that all this amounts to deficiency of service on the part of the OP qua the complainant.

7. Whereas the case of the OP is that the construction work of the flat under Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, is being delayed due to ongoing litigation regarding the area covered under the scheme. So, the OP can not be held liable to delay caused. The OP wants to complete the flats and shall deliver the possession of the flats to the allottees as soon as reasonably possible. Learned counsel for the OP submitted that as such, there is no deficiency of service on the part of the OP qua the complainant.

8. From the entire above discussion, we have come to the conclusion that the complainant applied for LIG flat to the OP in scheme of 51.5 acre under the name of LIG Flats, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, launched by OP. Resultantly, the complainant was allotted LIG Flat No.7-A, First Floor, in the aforesaid scheme vide allotment letter dated 28.1.2010 Ex.C15. As per the allotment, the complainant deposited the entire amount, in all Rs.6,24,800/- with the OP in installments, receipts of which are Ex.C8 to Ex.C14 upto 11.7.2012, last receipt is dated 11.7.2012 Ex.C13. The parties also executed agreement for sale Ex.C7 regarding the flat in question. As per clause 7 and 9 of the allotment letter Ex.C15, the OP was liable to deliver the possession of the flat in question to the complainant on payment of all the installments and on execution of agreement of sale. The complainant paid the entire amount of the flat in question to the OP vide last installment receipt dated 11.7.2012 Ex.C13 and has also executed the agreement of sale Ex.C7 regarding the flat in question but the OP did not hand over the possession of the flat in question to the complainant despite various letters written by complainant i.e. letter dated 10.7.2014 Ex.C4, letter dated 23.7.2014 Ex.C5, letter dated 5.8.2014 Ex.C6 and despite service of registered legal notice dated 15.9.2014 Ex.C2 dispatched on 23.9.2014, postal receipt of which is Ex.C3. The plea of the OP is that the construction of the flats in question in 51.5 acre development scheme of LIG Flats, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, is being delayed due to ongoing litigation regarding the area covered under the scheme but the OP could not produce any document regarding ongoing litigation pertaining to the area covered under the scheme nor the OP can produce any stay order from any court of law. Whereas, the OP has been enjoying the proceeds of amount deposited by the complainant with the OP pertaining to flat in question i.e. Rs.6,24,800/-. So, the aforesaid plea of the OP that the flats in question could not be constructed due to ongoing litigation regarding the area covered under the scheme, is not tenable. Hence, certainly the OP is in deficiency of service qua the complainant. Moreover, the OP in its written version has not mentioned as to when the construction of the flats in the aforesaid scheme can be completed and when the possession of the flat in question to the complainant could be given. Therefore, the complainant is entitled to refund of the amount paid by him to the OP, in all Rs.6,24,800/- alongwith interest.

9. Resultantly, we partly allow this complaint with cost and the OP is directed to refund the amount paid by the complainant i.e. Rs.6,24,800/- alongwith interest @ Rs.9/- % per annum from the date of receipt of the amount till the payment is made to the complainant. The OP is also directed to pay the cost of litigation to the complainant to the tune of Rs.3000/-. Copies of the order be sent to the parties free of cost, under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

20.09.2016 Member President