Jammu and Kashmir

Jammu

CC/192/2017

JUGMOHAN WAZIR - Complainant(s)

Versus

JAMMU DEVELOPMENT AUTHORITY - Opp.Party(s)

MANIK WAZIR

19 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No.                  171/DFJ           

 Date of  Institution      29-07-2016

 Date of Decision            04-05-2018

 

Jug Mohan Wazir,

S/O Late Sh.Wazir Lakhmi Chand,

R/O Village Sarol Bagh,Bhaderwah,

A/P H.No.3 Lane No.8,Tawi Vihar,

Sidhra,Jammu.

                                                                                                                                Complainant

               V/S

1.Jammu Development Authority,

  Vikas Bhawan Rail Head Complex,

  Jammu.

2.Vice Chairman,

Jammu Development Authority,

  Vikas Bhawan Rail Head Complex,

  Jammu.

3.Secretary,

  Jammu Development Authority,

  Vikas Bhawan Rail Head Complex,

  Jammu.

                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                        Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Manik Wazir,Advocate for complainant, present.

Mr.Rohit Kotwal,Advocate for OPs,present.

                                                                   ORDER

                          Grievance of complainant in nut shell is that allured by the advertisement of Ops in Newspaper Daily Excelsior dated 15-10-1993 for residential plots at Bantalab Housing Colony,Phase-II in Amb Gharota Road, applied for allotment of plot measuring 40x80by deposited registration fee of Rs.8600/- through demand draft which was received by the office of OP3 on,30-11-1993 ,copy of advertisement, receipt of application and demand draft annexed as Annexures,A,B&C respectively. According to complainant,OP3 vide letter No.JDA Plots/BY/PII/40’x80’/10 dated 08-01-1994 intimated him about the allot ment of plot and vide letter No.JDA/Plots/BT/P-II/40’x80’/10 dated 02-06-1994 asked him to deposit an amount of Rs.77,400/-,copies of letters are annexed as Annexure-D&E. Allegation of complainant is that on visit to the site he found that the proposed colony was still to be developed and was not having facility of water and electricity.Moreover,the plot offered was not identifiable as the land was not developed into plots as is also evident from the above referred letters of allotment and it is important to mention that the condition of colony as on now is deplorable as till now the colony is lacking shortage of basic amenities like water, electricity and road connectivity as is evidenced from the Daily Excelsior dated 19-07-2016,wherein direction of the Honble High Court to impose cost of Rs.5-0,000/-on JDA,copy of clipping of newspaper is annexed as Annexure-F.Constrained by the act of Ops,complainant made representations, as well as, served legal notices to Ops,but the same did not yield any fruitful result. Hence being aggrieved of the conduct of the OPs,the complainant has approached this Forum for redressal of grievance, by directing Ops to allot  plot measuring 40x80at Bantalab HOuisng Colony,Phase-II,Jammu at the balance cost to be paid by him amounting to Rs.77,400/-and in addition also prays for an amount of Rs.40,000/-under different heads .

                        On the other hand,Ops filed written version and resisted the complaint on the ground that complaint filed by the complainant is devoid of any merit and is baseless. That the complaint is also highly time barred. The complainant has filed the complaint after a lapse of 22 years, when the cause of action accrued to the complainant, as such the complaint is liable to be dismissed at the very initial stage as per the law of limitation. The Ops further submitted that complainant vide letter of intent No.BT/B-II/40x80/10 dated 08-01-1994 was informed that a plot measuring 40x80 shall be allotted to him provided he deposit 90% of the cost of plot(rest of the premium)in bank draft pledged to V.C.Jammu Development Authority within a period of 6 months from the date of issuance of this letter with a further stipulation that penal interest of 18% shall be charged in case there is any delay in payment of premium.However,it is pertinent to mention here that complainant never deposited rest of cost/premium of the plot  with the Ops.That the complainant on,02-06-1994 was again intimated by the department of Ops to make rest of the payment of Rs.77,400/-before 08-07-1994,so that the lease deed can be executed in favour of complainant, but the complainant also failed to make balance payment. Rest of the contents of complaint are denied.

                   Complainant adduced evidence by way of duly sworn evidence affidavit. Complainant has placed on record copy of advertisement, copy of receipt of application, copy of demand draft of Rs.8600/-,copy of letter issued by OP to complainant, copy of cutting of newspaper, wherein direction was passed by Honble High Court, copy  of communication dated 02-06-2000,copy of communication dated,16-X-07  and copies of legal notices.

                Although Ops filed written version, but after availing numerous opportunities failed to lead any evidence,so,their right to file evidence was closed vide order dated,06-04-2017.Therfore,unsubstantiated averments contained in the written version of Ops cannot overweigh the evidence lead by the complainant.

               We have perused case file and heard L/Cs appearing for the parties at length.

                      To be brief case of complainant is that he applied for allotment of plot measuring 40x80by depositing registration fee of Rs.8600/- through demand draft which was received by the office of OP3 on,30-11-1993 and OP3 vide letter No.JDA Plots/BY/PII/40x80/10 dated 08-01-1994 intimated him about the allotment of plot and vide letter No.JDA/Plots/BT/P-II/40’x80’/10 dated 02-06-1994  and also  asked him to deposit an amount of Rs.77,400/-. Allegation of complainant is that on visit to the site, he found that the proposed colony was still to be developed and was not having facility of water and electricity.Moreover,the plot offered was not identifiable as the land was not developed into plots as is also evident from the above referred letters of allotment and it is important to mention that the condition of colony as on now is deplorable as till now the colony is lacking shortage of basic amenities like water, electricity and road connectivity as is evidenced from the Daily Excelsior dated 19-07-2016,wherein direction of the Honble High Court to impose cost of Rs.50,000/-on JDA.

                        On the other hand, stand of Ops is that complaint filed by the complainant is time barred. The complainant has filed the complaint after a lapse of 22 years, when the cause of action accrued to the complainant, as such the complaint is liable to be dismissed at the very initial stage as per the law of limitation. Further stand of Ops is that complainant vide letter of intent No.BT/B-II/40x80/10 dated 08-01-1994 was informed that a plot measuring 40x80 shall be allotted to him provided he deposit 90% of the cost of plot(rest of the premium)in bank draft pledged to V.C.Jammu Development Authority within a period of 6 months from the date of issuance of this letter with a further stipulation that penal interest of 18% shall be charged in case there is any delay in payment of premium.However,it is pertinent to mention here that complainant never deposited rest of cost/premium of the plot  with the Ops.

               In order to substantiate his allegations, complainant filed his own duly sworn evidence affidavit. Complainant has reiterated the contents of complaint, therefore, same need no repetition. On the other hand, despite OPs were granted ample opportunities to support its version by leading evidence, but it failed to lead iota of evidence in support of its version.Therefore,version of OPs went unsubstantiated, unsupported and uncorroborated by cogent evidence, so much so, written version filed by Ops is also not supported by affidavit of OPs,therefore,same being bereft of  legal strength, hence, cannot be read in evidence.

               On the other hand, in support of his allegations that complainant applied for allotment of plot, complainant placed on record copy of receipt of application for allotment of plot. At the same time, complainant has also placed on record copies of communications and copies of legal notices and perusal whereof reveals that the complainant repeatedly approached Ops for allotment of plot and deposit of balance amount of plot . Therefore we have no reason to discard with the prayer made by complainant for allotment of plot in view of supportive material placed on record.

                  So legally speaking it is proved from all corners in the case that the complainant has been consumer as per the provisions in the Act and the Ops have been proved themselves as deficient in providing adequate and fair service for which the complainant needs to be compensated with adequate compensation. Accordingly the best and befitting course which the Forum feels as adequate step to redress the grievance of complainant,Ops are directed to allot the plot measuring 40x80 at Bantalab,Housing Colony,Phase-II Jammu subject to payment of Rs.77,400/-by the complainant . Copy of this order be provided to both the parties, as per requirement of the Act. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

  Order per President                                              Khalil Choudhary

                                                                     (Distt.& Sessions Judge)

                                                                          President

Announced                                                         District Consumer Forum

 04-05-2018                                                                Jammu.

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                              

 

Mr.Ghulam Sarwar Chauhan

Member                                                                                  

 

 

 

                                                                                                               

 

 

 

 

.