BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.96  of 2019

      Date of Instt. 01.04.2019

      Date of Decision: 21.07.2023

Bhola Nath (now since deceased) son of Late Sh. Sohan Lal R/o H. No.WR-271, Basti Sheikh, Jalandhar currently residing at H. NO.75/1, Ujala Nagar, Basti Sheikh, Jalandhar through his LRs:-

a)       Davinder Kumari/Daughter

b)      Mamta Rani Dhingra/Daughter

c)       Suresh Kumar/Son

d)      Ritu Chopra/Daughter

e)       Poonam Rani/Daughter.

..........Complainant

Versus

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

2.       E.O. Jalandhar Improvement Trust, Near Hotel Skylark,          Jalandhar

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Manit Malhotra, Adv. Counsel for the Complainant.

                   None for OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant purchased a Flat in Indra Puram (Master Gurbanta Singh Enclave scheme), introduced by Jalandhar Improvement Trust, Jalandhar. Complainant was allotted L.I.G. Flat No.146, Ground Floor, Indra Puram (Master Gurbanta Singh Enclave scheme), Jalandhar, vide letter No.JIT/4749, dated 4.9.2016. The complainant paid all the installments alongwith interest to the Jalandhar Improvement Trust, Jalandhar. Further OP No.1 and then OP No.2 issued a letter No.JIT 3536 dated 11.9.2016 to the complainant for handing over the possession and enhancement to be paid to the OPs. The complainant duly paid the enhancement installments as required by the OPs No.1 and 2. As per the allotment letter and the Brochure of the scheme introduced by Jalandhar Improvement Trust, OPs were to develop the area and provided basic amenities like street light, water and sewerage connection, proper road, connectivity and LPG supply through pipe lines, OPs specifically mentioned charges for providing LPG pipe lines of Rs.6,000/- in the clause 13 of the allotment letter. Neither the above said facilities like water connection, sewerage connection, water storage to the flat, street lights, LPG Gas pipe lines have not been installed at the site. The possession was handed over to the complainant on 9.10.2009 vide possession slip. In the possession slip mentioned that the wood work Internal Water Supply, sewer, electrification and construction work is satisfactory but smartly and mischievously OPs omitted and did not mentioned LPG pipe lines, street light and main connectivity road to the Complex were not completed at that time. Further the complainant has many times requested the OPs to complete the work as per the advertisement and allotment letter at the time of introduction of the allotment scheme but the OPs have failed to provide the abovementioned facilities. It is pertinent to mention here that the water supply and sewer have not been connected to the main sewerage lime of the Corporation. The OPs have further not developed main approach road connected to the Complex and the complainant has to move through a narrow passage to reach the complex and his flat. The OPs are neither maintaining the Complex Area nor providing basic amenities which are required to be given by the rules and Acts of the Clause 11 of the allotment letter mentioning the allotment land disposal Rules, 1954 and Punjab Town Improvement Act 1922 Rules 1983/1999. On account of deficient and negligent service on the part of the OPs, the complainant suffered mental tension, agony and loss of finance 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 Rs.4,50,000/- flat price alongwith interest @ 24% from the date of allotment of plot Rs.2,00,000/- as damages and Rs. 11,000/- as legal expenses to the complainant on account of deficient and negligent service on the part of the OPs.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the claim for monetary compensation filed by the complainants is time barred and hence not maintainable before this Forum. It is further averred that the complainant has mislead this Forum and got issued a notice in the present complaint which is barred by law of limitation and operation of law of estoppels. It is further averred that the complaint is liable to be returned as the complainant has not come to the Court with clean hands. It is further averred that the present complaint is liable to be dismissed as the parties framed to the present complaint are not proper. On merits, the factum with regard to purchasing of the flat by the complainant from the OP and paying the installments alongwith interest to the OP for the flat 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 to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement. 

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has proved on record the allotment letter Ex.C-1, vide which he was allotted LIG Flat No.146. The complainant has also proved on record the receipts showing that the entire payment has been made by the complainant. He has proved the receipts Ex.C-2 to Ex.C-13. The main allegations of the complainant are that as per allotment letter and brochure of the scheme introduced by the JIT, the OPs were to developed the area and provide the basic amenities like street light, water and sewerage connection, proper road and LPG supply through pipe lines. The complainant has also paid the charges of Rs.6000/- for provide LPG Pipelines and has also paid the enhanced amount to the OP. The OP has claimed the enhanced amount as per Ex.C-10 and the same was paid to the OP by the complainant vide receipt Ex.C-11 to Ex.C-13. Possession has been delivered to the complainant, vide Ex.C-15.

7.                The contention of the OP is that the claim for monetary compensation filed by the complainant is time barred, but this contention is not tenable as the allotment letter has been proved on record by the complainant as Ex.C1, wherein it has been mentioned in Para No.13 that the rate of LPG Pipe line is Rs.6000/- and the same was deposited by the complainant. In the written statement the OP has submitted that the LPG supply was to be undertaken by the simple govt. and the OP only provided LPG connection line from the main dump of the LPG supply to the site in dispute, meaning thereby the work of LPG pipeline line is incomplete. As per allotment letter, it was the duty of the OP to provide the complainant LPG pipeline alongwith other amenities. As per possession slip Ex.C15, there is no reference of LPG pipeline, meaning thereby the same has not been provided till filing of the complaint. As per Ex.C-15, the complainant has taken the possession. The complainant has not proved on record that the amenities mentioned in Ex.C-15 have not been provided to him. It has been held by the Hon’ble State Commission, in “Manoj Bagroy Vs. M/s N. H. Matcon” in consumer complaint no.429 of 2019, decided on 07.01.2020 that even if the possession is taken by the consumer, it would be a incomplete and invalid delivery of possession for the want of the amenities. Providing of pipeline as per allotment letter comes within the ambit of amenities. It was observed by the Hon'ble State Commission in the above said case that the OP had not obtained the occupation certificate and completion certificate from the competent authorities to enable them to deliver the complete and effective possession to the allottess. Until and unless they obtain such certificate, it cannot be held that complete possession has been delivered and there is continuous cause of action in favour of the complainant till the obtaining of such certificates by the OP and the complaint filed by the complainant was held to be within limitation.

8.                The OP has not produced the occupation and completion certificate duly issued by the competent authority showing that the basic amenities have been duly provided at the site. Even otherwise, Completion Certificate, as envisaged under section 14 of the Punjab Apartment and Property Regulation Act, 1995 (in Short "PAPRA") is the most essential document, which should have been produced with regard the matter in issue but the same has not been produced by the OP to prove that Plot in question as well as basic amenities in the entire complex have been completed in all respects. In such circumstances, the complainant is entitled for the relief.

9.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to provide all the amenities with gas pipeline within one month from the date of receipt of the copy of order, failing which the OP will liable to refund the price of the gas pipeline with interest @ 9% per annum from the date of making deposits till its realization. Further, OP is directed to pay a compensation to the complainant for mental agony and harassment caused to the complainant, to the tune of Rs.30,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

21.07.2023         Member                          Member           President