Punjab

StateCommission

FA/947/2013

Amritsar Improvement Trust - Complainant(s)

Versus

Navdeep Rattan - Opp.Party(s)

Brig. B.S. Taunque(Retd.)

15 Feb 2016

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION,                                 PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.947 of 2013

 

                                                Date of Institution: 02.09.2013       

                                                Date of Decision:  15.02.2016

 

Amritsar Improvement Trust, Ranjit Avenue, Amritsar, through its Chairman.

 

                                                                    …Appellant/Opposite party

                             Versus

 

Navdeep Rattan s/o Sh.Madan Lal Ratta, r/o House No.290, Gali No.8, Sahrifpura, Amritsar.

 

                                                                    ..Respondent/Complainant

                                                           

 

First Appeal against order dated 15.05.2013 passed by the District Consumer Disputes Redressal Forum,  Amrtisar

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

            Shri. H.S Guram, Member

 

Present:-

 

          For the appellants                 : Sh.B.S Taunque, Advocate

          For the respondent               : Ex-parte

          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The appellant of this appeal (the opposite party in the complaint) has directed this appeal against the respondent of this appeal (the complainant in the complaint), challenging order dated 15.05.2013 of District Consumer Disputes Redressal Forum Amritsar, accepting the complaint of the complainant by directing the OP to provide basic amenities in that scheme, as early as possible preferably within six months from the date of receipt of copy of order, besides payment of Rs.25,000/- as compensation and Rs.2,000/- as costs of litigation. The instant appeal has been preferred against the same by the OP now appellant in this appeal.

2.      The complainant has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that he was allotted flat no.GF-70 (LIG), vide allotment letter no.AIT/SS/696 dated 18.4.2006 issued by OP and agreement for sale dated 09.06.2006 was duly executed between the parties containing terms and conditions of the allotment. The OP undertook to provide proper road, water supply, drainage, sewerage, streetlights within the area of the said scheme known as Mall Mandi (Shri Guru Teg Bahadur Nagar) Scheme, wherein flat was allotted to complainant in lucky draw on 16.01.2006. The OP has not provided the amenities in the scheme despite receipt of entire price of the flat from the complainant. Even water and electricity connections have not been provided to the complainant. In the absence of the aforesaid civic amenities, it is difficult for the complainant to utilize the flat in a proper way. The complainant has, thus, prayed that directions be issued to OP to provide the amenities of proper road, water supply, drainage, sewerage, street lights and other civil services, besides Rs.1,00,000/- as compensation to complainant. 

3.      Upon notice, OP filed written reply and contested the complaint of the complainant vehemently. It was averred in written reply by the OP that complaint is not maintainable in the present form. The complainant is estopped by his own act and conduct from filing the complaint. The complainant has no cause of action or locus standi to file the complaint. The complainant has suppressed the material facts from the Forum and he is not entitled to any relief. On merits, it was submitted by the OP that the agreement was to provide the amenities on the payment of development charges, but it has not charged the development charges from any of the allottee so far as the amenities were under process. It was further averred by OP that in the said scheme, work of roads have been completed up to 60% and rest of the roads were going to be completed within 3-4 months. The laying of sewerage work was being executed by the OP through Punjab Water Supply and Sewerage Board on payment of necessary charges to the said department. Work of streetlight has been completed to the extent of 50% and rest of the work was under process. It was further averred by OP that some of the amenities like roads were not provided within the time, as one Kartar Singh Pehlwan had illegally encroached some area of the said scheme and also filed vague cases in the civil courts and the same have been decided against him and now the matter was under process to take possession from him and as and when the possession of the land will be got back from said Kartar Singh, the rest of work of providing amenities would be completed. OP prayed for dismissal of the complaint.

4.      The complainant tendered in evidence, his affidavit Ex.C-1 along with copies of documents Ex.C-2 to Ex.C-7.  As against it; OP tendered in evidence affidavit of Sh. Jiwan Bansal Executive Officer Amritsar Improvement Trust Amritsar Ex.R-1 along with copies of documents Ex.R-2 to Ex.R-6. On conclusion of evidence and arguments, the District Forum Amritsar, accepted the complaint of the complainant by virtue of order dated 15.05.2013. The OP now appellant carried this appeal against the same.

5.      We have heard learned counsel for the opposite party now appellant in this appeal and have also examined the record of the case because complainant now respondent is exparte in this appeal.

Ex.C-1 is affidavit of the complainant in support of his averments in this case on the record. Ex.C-2 is No Objection Certificate (NOC) issued by OP; vide no. 6248-dated 26.08.09. Ex.C-3 is agreement of sale of plot no.70 GF in the above scheme in favour of the complainant containing terms and conditions thereof. Ex.C-4 is the letter issued by Chairman Improvement Trust, Amritsar to complainant. Ex.C-5 is newspaper report that despite delivery of the possession of the flat, amenities have not yet been provided. Ex.C-6 is English Newspaper cutting report regarding lack of facilities. Ex.C-7 is Hindi Newspaper report. OP tendered in evidence affidavit of Jiwan Bansal Executive Officer Amritsar Improvement Trust Ex.R-1 on the record in this case. Ex.R-2 to Ex.R-5 are photographs. Ex.R-6 is the description of the amount.

6.      From perusal of above-referred evidence on the record and hearing the respective submissions of counsel for the appellant, it is proved fact that plot no.70 GF LIG, vide allotment letter dated 18.4.2006, was issued by OP to complainant and sale agreement dated 09.06.06 was also executed containing terms and conditions. The complainant deposited entire price of the said flat with OP and no objection certificate dated 26.08.09 was issued. The District Forum rightly observed that it was duty of the OP to provide the basic amenities including road, water supply, drainage, sewerage, streetlights and other civil services in the area. From newspaper cutting reports, affidavit of complainant and averments of the OPs, we are of this view that OP failed to provide the above-referred amenities, despite repeated requests in this regard by the allottees. OP submitted that they have not charged the developmental charges   from any of the allottee. It was submitted that said scheme and the road have been completed up to 60%.  The sewerage work was being executed by Punjab Water Supply Board on payment of necessary charges to the said Board. Work of streetlights has been completed up to 60%. The submission of OP now appellant is that some of the work could not be completed on account of illegal encroachment over the allotted land by one Kartar Singh Pehlwan and due to litigation with him.

7.      From appraisal of above-referred evidence on the record and hearing respective submissions of counsel for the appellant, we are of this view that it is proved fact that OP received entire amount of the flat from the complainant and issued NOC Ex.C-2 to him. The submission of the appellant is unsustainable that they have not charged the developmental charges from allottees and hence they are not bound to provide the basic amenities. It is duty of the OP, who allotted the flats to the allottees, to provide all the facilities thereto. The District Forum has rightly passed the order under challenge in this case. From perusal of grounds of appeal and submissions of counsel for the appellant, we do not find any ground to interfere with the order of the District Forum in this case. The residents cannot be expected to live an uncomfortable life without providing the amenities to them in the allotted flats. Consequently, the order of the District Forum under challenge in this case is hereby affirmed and resultantly the appeal filed by the appellant is ordered to be dismissed.

8.      The appellant had deposited an amount of Rs.13,500/- at the time of filing the appeal. This amount with interest, if any, accrued thereon, be refunded by the registry to the complainant by way of crossed cheque/demand draft after 45 days from receipt of copy of this order. Remaining amount shall also be paid to complainant by the appellant as per order of the District Forum within 45 days from receipt of the copy of this order.

9.      Arguments in this appeal were heard on 08.02.2016 and the order was reserved. Copies of the order be communicated to the parties as per rules.

10.    The appeal could not be decided within the statutory period due to heavy pendency of court cases.

                                                                          (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                       

                                                         

                                                                         (H.S GURAM)

                                                                              MEMBER

 

February 15, 2016                                                              

(ravi)