Complaint No: 141 of 2022.
Date of Institution: 12.07.2022.
Date of order: 26.12.2023.
Rajni Wife of Rajesh Kumar, resident of Village Lohgarh Kothe, Tehsil Dinanagar District Gurdaspur.
….......Complainant.
VERSUS
1. Pathankot Improvement Trust, Pathankot, through its Executive Officer. Pin Code – 145001.
2. Pathankot Improvement Trust, Pathankot, through its Chairman. Pin Code – 145001.
….Opposite parties.
Complaint Under Consumer Protection Act.
Present: For the Complainant: Sh.Rahul Vashisht, Advocate.
For the Opposite Parties: Sh.S.S. Dhaliwal, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Rajni, Complainant (here-in-after referred to as complainant) has filed this complaint under Consumer Protection Act (here-in-after referred to as 'Act') against Pathankot Improvement Trust Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that earlier Smt. Vijay Dewan wife of Ramnik Kumar Dewan, resident of Ram Bhawan, # 90 Abrol Nagar Pathankot applied for a plot in Jyoti Bangla Scheme of 13.56 Acre Improvement Trust Pathankot. It is pleaded that she was informed vide letter dated 08.05.2014 from the opposite party No. 1 to participate in the draw function scheduled for 23.05.2014. In the draw Smt. Vijay Dewan was allotted plot No. 96 (0-8) with certain terms and conditions. She was allotted above stated plot for the cost of Rs.20,84,800/- as per the agreement to sell. As per the terms and conditions of agreement to sell it was decided to pay the entire sale amount in six installments by the allottee. It is further pleaded that said Smt. Vijay Dewan has deposited Rs.2,08,500/- out of 1/4th of the sale consideration i.e. Rs.5,21,200/- with the opposite parties on 21.01.2014. However, said Smt. Vijay Dewan has executed an agreement with the complainant vide which she transferred the purchase rights of the said plots to the complainant vide agreement by paying Rs.2,30,500/- i.e. along with interest. It is further pleaded that it was decided between the complainant and said Vijay Dewan that as per the agreement dated 27.11.2014 the remaining amount of Rs.3,98,592/- has to be paid by the complainant on 15.10.2014 against proper receipt and thereafter the complainant will pay the remaining five installments to the opposite parties and after completing the entire payment, the department can transfer the plot on the name of the complainant and if the plot would be alloted in the name of said Vijay Dewan then she will transfer it at the name of the complainant. Thereafter, the complainant came into the shoes of Smt. Vijay Dewan. It is further pleaded that the complainant paid all the installments in time against proper receipts to the opposite parties. After receiving the full payment qua the Plot No. 96 (0-8), the opposite party No. 1 issued transfer certificate to the complainant. The possession of the plot was to be handed over to the complainant by the opposite parties within a period of 30 days from the date of allotment. Since, she paid the entire amount to the opposite parties and remained ready to take the possession of the plot but the opposite parties have not delivered to possession to the complainant. It is further pleaded that the complainant visited the spot i.e. Jyoti Bangla Scheme of 13.56 Acre, Improvement Trust Pathankot and found that there was no road connectivity with project from the main road and there was no development in the entire project. No efforts were ever made by the opposite parties to complete the project in time bound manner in order to deliver the possession of the plot to the complainant. It is further pleaded that there was no street lights, electricity connection or other essential commodities installed in the entire scheme in which were required to deliver the possession to the complainant. As the opposite parties failed to develop the allotted plot by providing basic amenities therein to the complainant to deliver its possession therefore the complainant also failed to raise the construction within three years. The complainant also visited to the office of the opposite party No. 1 but, the opposite party No. 1 did not give any positive reply. It is further pleaded that there is deficiency of service on the part of the opposite parties due to which the complainant suffered mental harassment from their hands. In this way, complainant has been exploited, harassed and humiliated by the officials of the opposite parties. It is further pleaded that there are many other persons also who have suffered due to this negligent act of the opposite parties and feeling aggrieved. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to refund the amount of Rs.20,84,800/- deposited by the complainant along with interest @ 24% per annum from the respective dates of deposit to the complainant and the opposite parties may please be further directed to pay a sum of Rs.10,00,000/- as mental harassment and Rs.1,50,000/- as litigation expenses, in the interest of justice.
3. Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complaint is not maintainable in the present form and no cause of action has arisen to the complainant for filing the present complaint. It is further pleaded that it is the complainant who is not taking possession of the plot in question intentionally and willfully. The complainant on account of her on act and conduct is not entitled to any relief from this Hon'ble Commission. It is pleaded that the complainant has not come to the Hon'ble Commission with clean hands and filed the present complaint by setting up false and concocted story. It is further pleaded that complainant has not taken possession of the plot in question intentionally and willfully, despite the issuance of letter dated 17.01.2018 by the opposite parties, but the complainant did not take possession of the plot. It is further pleaded that so far question of development is concerned, the same is a bit delayed due to administrative reasons due to paucity of funds. However, now the development work is in its full swing as half sewerage work is completed and water supply work is going to be started very soon. It is further pleaded that Official procedure for calling tenders for this purpose is being adopted. So far question of non-construction by the complainant is concerned, it is further pleaded that the opposite parties are not demanding any non-construction fee/charges from the complainant on account of delay in construction, but the complainant has filed the instant complaint by concealing all the above mentioned reasons. As such the complainant who has not approached this Hon’ble Commission with clean hands is not entitled to any relief and the complaint is liable to be dismissed.
On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Rajni, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-19.
5. Learned counsel for the opposite parties has tendered into evidence affidavit of Sh. Jagjit Singh, (Junior Engineer of Improvement Trust, Pathankot) as Ex.OPW-1 alongwith other documents as Ex.OP-1 to Ex.OP-3 alongwith reply.
6. Rejoinder not filed by the complainant.
7. Written arguments filed by the complainant, but not filed by the opposite parties.
8. Counsel for the complainant has argued that originally opposite parties had allotted one plot to Smt.Vijay Dewan but later on complainant had purchased the said plot from Smt.Vijay Dewan and deposited the entire amount with the opposite parties Trust. However, inspite of fact that the complainant has deposited the entire amount upto 29.03.2017 and transfer certificate was accordingly issued in favour of the complainant which is Ex.C14. The opposite parties have failed to develop the area. Accordingly, opposite parties are liable to refund the amount alongwith interest @12%.
9. On the other hand counsel for the opposite parties has argued that allotment of plot in favour of the complainant after transfer is admitted. It is further argued by the counsel for the opposite parties that complainant had intentionally not taken possession inspite of receipt of letter dated 17.01.2018. The development has delayed due to administrative reasons due to paucity of funds and has prayed for dismissal of the complaint.
10. We have heard the Ld. counsels for the parties and gone through the record.
11. To prove her case complainant has placed on record her self declaration Ex.CW-1, copy of original allotment letter Ex.C1, copies of terms and conditions Ex.C2, copy of agreement Ex.C3, copies of receipts regarding deposit of payment Ex.C4 to Ex.C13, copy of transfer certificate Ex.C14, original photographs of the site in dispute Ex.C15 to Ex.C18 and copy of order passed by the Hon'ble State Consumer Dipustes Redressal Commission, Punjab Chandigarh Ex.C19 whereas opposite parties have placed on record affidavit of Jagjjit Singh J.E. Ex.OPW-1, copy of letter dated 17.01.2018 Ex.OP-1, copy of transfer certificate Ex.OP-2 and copy of E-Tender notice Ex.OP-3.
12. Perusal of record shows that plot in question was allotted to one Smt.Vijay Dewan on 08.05.2014 as per Ex.C1 and perusal of Ex.C2 i.e. terms and conditions shows that as per clause No.10 of the said letter complainant was required to raise construction within three years after issuance of letter Ex.C2 after getting the site plan sanctioned and in case of failure to raise construction, charges for non construction shall be levied. We have gone through the photographs Ex.C15 to Ex.C18 dated 23-6-2022 which are not even denied by the counsel for the opposite parties shows that no development work has been carried out by the opposite parties and only in photo Ex.C18 shows that some earth has been put and level of the land has been raised for constructing the road but we are of the view that the photographs are clicked on 23.06.2022 and the allotment letter issued on 08.05.2014 meaning thereby that opposite parties have failed to carry out development work and provides amenities to enable the complainant to raise construction inspite of lapse of more than eight years. We are further gone through the order of Hon'ble State Consumer Dipustes Redressal Commission, Punjab Chandigarh Ex.C19 as per which one Chittra has filed complaint before the Hon'ble State Commission and Hon'ble State Commission in respect of the same scheme and the Honable State commission has arrived at conclusion that the opposite parties have failed to construct roads, lay sewerage and to do electricity work and to complete the water pipes work and accordingly opposite parties have been directed to refund the amount to the said Chittra alongwiht interest @ 12%. We are of the view that it is proved on record that inspite of lapse of more than nine years opposite parties have failed to do any development work over the site in which the complainant was allotted the plot and there is no hope that in what future time the proposed development shall take place as such in our opinion it will be appropriate that opposite parties be directed to refund the amount to the complainant alongwith interest @ 12% P.A. as the opposite parties have been claimed 12% interest for the remaining amount to be deposited by the complainant as per clause 1 of letter Ex.C2. Accordingly we are view that complainant is fully proved the deficiency in service on the part of the opposite parties and since opposite parties are demanding 12% interest as such are similarly liable to refund the amount to the complainant alongwith interest @ 12% P.A.
13. Accordingly, present complaint is partly allowed and opposite parties are directed to refund the amount of Rs.20,84,800/- to the complainant alongwith interest @ 12% P.A. w.e.f. 29.03.2017 i.e. the date of issuance of transfer certificate till realization. Opposite parties are further directed to pay Rs.10,000/- to the complainant for compensation on account of mental tension, agony and harassment and Rs.10,000/- as costs of litigation. Entire exercise shall be completed within 30 days from the date of receipt of copy of this order.
14. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
15. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Dec. 26, 2023 Member
*YP*
