BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.383 of 2015

Date of Instt. 01.09.2015

Date of Decision : 17.08.2016

Tilak Raj Kumra son of Ram Lal Kumra R/o 229, Bank Enclave Phase-I, Model Town, Tehsil & District Jalandhar.

..........Complainant

Versus

Jalandhar Improvement Trust, Jalandhar through its Chairman/ Executive Officer.

.........Opposite party

Complaint Under Section 12 of The Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Sanjeev Sharma Adv., counsel for the complainant.

Sh.Brijesh Bakshi Adv., counsel for the OP.

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 complainant applied for LIG flat under development scheme 51.5 Acre (Bibi Bhani Complex), Guru Amar Dass Nagar, Jalandhar, launched by OP vide application No.71144 under Pensioner Category alongwith demand draft of Rs.60,000/- dated 26.2.2009. Lucky draw for allotment of LIG flats was organized on 16.8.2009 and the complainant was allotted flat No.7-A, Ground Floor. The draw was confirmed vide resolution No.111 dated 7.10.2009 and the same was approved by Government of Punjab vide memo dated 19.11.2009. Complainant made the entire payment in installments as per allotment by stipulated date i.e. upto 28.1.2015 but OP did not hand over the possession of the flat to the complainant. OP was bound to hand over the possession of the flat in question to the complainant on payment of all the installments and other charges, if any and after completion of formalities. Complainant has completed all the formalities and has made the payment of all the installments by 28.1.2015 but the OP did not hand over the possession of the flat despite service of legal notice dated 17.7.2015 by the complainant upon the OP asking the OP to hand over the possession within 15 days, but in vain. On such averments, the complainant has prayed for directing the OP to hand over the possession of the flat or to refund the entire amount of the complainant alongwith 24% interest. He has also claimed compensation and litigation expenses.

2. Upon notice, OP appeared through counsel and filed a written reply pleaded that there is no default on the part of the OP rather the OP itself has suffered at the hands of the contractor. The work of the construction of 276 flats of Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar was allotted to M/s SKA Builders. The said work was to be completed by the contractor within 18 months. He even did not complete the construction work after getting extensions. Ultimately, vide resolution No.124 dated 3.6.2014 the said contractor was blacklisted. Now the work has been entrusted to another contractor. As such, the Trust has acted bonafide and in good faith and never defaulted in performing its part of the construction agreement for providing services and possession of flats to the allottees.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C13 and closed his evidence.

4. On the other hand, learned counsel for the OP has tendered affidavits Ex.OA and Ex.OB 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 complainant applied for LIG flat under development scheme 51.5 Acre (Bibi Bhani Complex), Guru Amar Dass Nagar, Jalandhar, launched by OP alongwith demand draft of Rs.60,000/- dated 26.2.2009. Lucky draw for allotment of LIG flats was organized on 16.8.2009 and the complainant was allotted flat No.7-A, Ground Floor, under pensioner category. The draw was confirmed vide resolution No.111 dated 7.10.2009 and the same was approved by Government of Punjab vide memo dated 19.11.2009. Complainant made the entire payment in installments as per allotment by stipulated date i.e. upto 28.1.2015 but OP did not hand over the possession of the flat to the complainant. OP was bound to hand over the possession of the flat in question to the complainant on payment of all the installments and other charges, if any and after completion of formalities; Complainant has completed all the formalities and has made the payment of all the installments by 28.1.2015 but the OP did not hand over the possession of the flat despite service of legal notice dated 17.7.2015 by the complainant upon the OP asking the OP to hand over the possession within 15 days, but in vain. 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 there is no default on the part of the OP rather the OP itself has suffered at the hands of the contractor. The work of the construction of 276 flats of Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar was allotted to M/s SKA Builders. The said work was to be completed by the contractor within 18 months. He even did not complete the construction work after getting extensions. Ultimately, vide resolution No.124 dated 3.6.2014 the said contractor was blacklisted. Now the work has been entrusted to another contractor. The OP has also submitted additional affidavit of Jatinder Singh, Executive Officer of JIT i.e. OP Ex.OB in which he deposed that without prejudice to the legal rights and remedies, the OP, in bonafide good faith is ready to allot an alternative flat in lieu of the flat in dispute to the complainant within period of one month, subject to just exceptions and acceptance by the complainant and further subject to the provisions of The Punjab Town Improvement Act; Laws, Byelaws and Government Instructions etc. Learned counsel for the OP submitted that the circumstances were beyond the control of the OP and there was no default or 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 complainant applied for LIG flat under development scheme 51.5 Acre (Bibi Bhani Complex), Guru Amar Dass Nagar, Jalandhar, launched by OP. A lucky draw of allotment of flat was organized on 16.8.2009 and the complainant was allotted flat No.7-A, Ground Floor, in the aforesaid scheme as a lucky winner. The draw was confirmed by resolution dated 7.10.2009 of the OP which was duly approved by Punjab Government. Resultantly, the complainant was allotted the aforesaid flat vide allotment letter No.976 dated 28.1.2010 Ex.C3. Thereafter, the complainant paid the entire price of the aforesaid flat to the OP as per schedule of installments regularly and the last installment was paid by the complainant in January 2015. The OP did not rebut these averments of the complainant. As per clause 9 of the aforesaid allotment letter Ex.C3, the OP was bound to hand over the possession of the flat in question to the complainant after payment of all the installments and after completion of other formalities i.e. execution of agreement of sale which was also executed between complainant and OP on 10.5.2012 Ex.C10 but the OP failed to hand over the possession of the flat in question to the complainant. The complainant also served legal notice dated 17.7.2015 Ex.C11 upon the OP through registered post, postal receipt of which is Ex.C13, but in vain.

9. The plea of the OP is that the contractor to whom the work of construction was assigned, did not complete the work of construction of the aforesaid flats within stipulated period and even after getting extensions and ultimately he was blacklisted. In this regard, there was also litigation in the court of law. Now, the OP has given work of construction to another contractor and some flats are going to be completed. The OP has also given additional affidavit of Sh.Jatinder Singh, Executive Officer of OP i.e. affidavit Ex.OB dated 15.7.2016 stating that the work of construction of flat allotted to the complainant could not be completed. However, without prejudice to the legal rights and remedies, the OP in bonafide good faith is ready to allot an alternative flat in lieu of the flat in dispute to the complainant within a period of one month subject to just exceptions and subject to provisions of Laws, Bylaws and Rules, etc. The counsel for the complainant during the course of arguments has also submitted that the complainant is ready to accept the alternative flat in lieu of the flat allotted to the complainant by the OP. However, the complainant being senior citizen be allotted alternative flat at ground floor.

10. So under these circumstances, this complaint is disposed of with the directions to the OP to allot flat equal in size and at the same price to the complainant at ground floor to the satisfaction of the complainant within one month from the date of receipt of copy of this order, failing which OP shall be liable to refund the entire amount to the complainant alongwith interest @ Rs.9/- % per annum from the date of receipt of the price of the flat from the complainant 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

17.08.2016 Member President