DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.317 of 2016
Date of institution: 27.05.2016 Date of decision : 13.04.2018
Dinesh Kumar son of Sat Narain, resident of House No.20954, Street No.11, Ajit Road, Bathinda.
…….Complainant
Vs
1. M/s. Bajwa Developers Pvt. Ltd. Sunny Enclave, 5th Floor, Desu Majra, Tehsil Kharar, District Mohali through Mr. J.S. Bajwa, Managing Director.
2. Mr. J.S. Bajwa, Managing Director of M/s. Bajwa Developers Pvt. Ltd. Sunny Enclave, 5th Floor, Desu Majra, Tehsil Kharar, District Mohali
.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Adarsh Malik, counsel for complainant alongwith Shri Sat Narain, father of the complainant in person.
Ms. Kulwinder Kaur, counsel for the OPs.
Order by :- Shri G.K. Dhir, President.
Order
Complainant was allotted corner plot No.4582 measuring 291.6 sq. yards by side of water tank in Sunny Enclave at Desu Majra, Kharar-Mohali road, Tehsil Kharar and thereafter sale deed dated 23.01.2007 was executed by OPs in favour of complainant. Same was got registered from office of Sub Registrar, Kharar and mutation on the basis of same has been sanctioned in favour of complainant by revenue authorities. On 28.10.2015. Complainant aspired to raise construction on the said plot. As such he approached OPs for giving demarcation of the above said plot. Complainant visited OPs personally for getting demarcation of the plot but OPs did not listen him. Complainant has suffered lot due to adamant attitude of OPs in not providing demarcation and as such by pleading deficiency as well as by claiming that OPs have adopted unfair trade practice, prayer made for directing OPs to give demarcation of the above referred plot and provide lay out plan and complete the formalities/conditions required for raising construction of the house. Compensation for mental harassment and agony of Rs.4.00 lakhs and litigation cost of Rs.50,000/- more claimed.
2. In reply submitted by OPs, it is claimed that this Forum has no jurisdiction to try the complaint because matter between complainant and OPs is based on agreement of sale of the plot, on the basis of which sale deed dated 23.01.2007 was executed. Complainant got possession of the plot in 2007. Complainant failed to construct plot even after long delay of 9 years without any fault of OPs. This complaint is filed for avoiding payment of delayed charges in construction on the plot. Complainant is not consumer of OPs. Complaint alleged to be barred by limitation, being filed after more than 7 years of delivery of possession in 2007. Complainant himself got physical possession of the plot in the presence of Tehsildar at the time of execution of sale deed. Complainant was made aware that approvals yet to be received, but despite that he entered into an agreement with complete knowledge of the facts.
3. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-12 and thereafter closed evidence. On the other hand, counsel for OPs tendered in evidence affidavit Ex.OP-1/1 of Shri Jarnail Singh Bajwa, MD of the OP and thereafter closed evidence.
4. Written arguments not submitted by the parties. Oral arguments heard and records gone through.
5. Perusal of file reveals that counsel for the OPs suffered statement on 14.06.2017 to the effect that OPs are ready to give demarcation of the plot as per site plan. In view of this, it was found as if there were chances of compromise and matter was adjourned for ascertaining the status of compromise. Despite that undertaking, demarcation has not been given till date and as such certainly OPs are not sticking to their stand of providing demarcation, even after giving undertaking in this Forum. If such is the attitude of OPs before this Forum, then certainly it can be conceived that complainant was harassed by OPs in not providing demarcation even after execution and registration of sale deed in his favour on 23.01.2007. Complainant expressed desire of raising construction on 28.10.2015 and thereafter he approached OPs for getting demarcation by writing letters, but despite that demarcation has not been given. So certainly it is a case of deficiency in service on part of OPs. Copy of the lay out plan Ex.C-1, copy of sale deed Ex.C-2; copy of receipt regarding deposit of charges of computerization of land record Ex.C-3; copy of farad jamabandi Ex.C-4 are produced to show that actually complainant has become owner of the plot in question after execution of sale deed in his favour by OPs and that is why his name has been reflected in the jambandi even.
6. Letter Ex.C-5 dated 28.10.2015; Ex.C-6 dated 05.11.2015; Ex.C-7 dated 24.12.2015; Ex.C-8 dated 14.01.2016 alongwith legal notice dated 08.03.2016 Ex.C-9 and copy of postal receipt Ex.C-10 are produced on record to establish that complainant has been calling upon OPs to give demarcation of the plot in question, but despite that the said demarcation has not been given and as such in view of continuous harassment of complainant, certainly complainant suffered a lot due to which he deserves to somewhat hefty amount of compensation for mental harassment and agony alongwith litigation expenses. However by keeping in view the fact that counsel for OPs expressed desire to give demarcation by suffering statement, quantum of cost from much hefty to mild needs be allowed. Plot No.4582 is owned by complainant after execution of sale deed Ex.C-2 and as such OPs are bound to give demarcation of the plot as per terms of sale deed Ex.C-2 within specified period, so that there may not be further harassment of complainant or there may not be delay for complainant to raise construction.
7. As a sequel of above discussion, complaint allowed in terms that the OPs will give demarcation of the plot No.4582 to the complainant as per terms of the sale deed Ex.C-2 within 40 days from the date of receipt of copy of the order. Compensation for mental agony and harassment of Rs.35,000/- and litigation expenses of Rs.10,000/- more allowed in favour of the complainant and against the OPs . Payment of these amounts of compensation and litigation cost be made within 30 days from date of receipt of certified copy of order. Copies of the order be supplied to the parties free of cost and thereafter file be indexed and consigned to the record room.
Announced
April 13, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
