BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.449 of 2014

Date of Instt. 23.12.2014

Date of Decision :01.06.2015

Baldeep Singh aged about 45 years C/o State Bank of Patiala, Baharat Nagar Chowk, Ludhiana City.

..........Complainant Versus

1. The Jalandhar Improvement Trust, Jalandhar through its Chairman/Executive Officer/Authorized Signatory etc.

2. The Chairman/Executive Officer, Jalandhar Trust, Jalandhar.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Saurabh Sharma Adv., counsel for complainant.

Sh.Sachin Sharda Adv., counsel for opposite parties.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite parties on the averments that opposite party No.1 has allotted a residential plot bearing No.145-D by way of lucky draw held on 4.11.2011 to the complainant. The allotment letter of the same was sent by opposite parties vide letter bearing No.2865 dated 23.12.2011 and subsequently complainant as per scheme has deposited the total amount of the said plot to the tune of Rs.10,62,500/- i.e 1/4th of the sale amount to the opposite parties time to time. As per terms and conditions, the opposite party has to deliver the physical possession of the plot alongwith the site plan to the complainant but nothing was done by the opposite parties with regard to giving the possession of the plot as well as demarcation of the same is not done till today. The condition mentioned in the allotment letter is that the allottee will have to construct the plot within three years from the date of the allotment after getting the proposed building plan from the opposite party, but till today, despite repeated request the opposite party has failed to deliver the possession of the plot to the complainant. Thereafter, the complainant came to know that despite much propagation about the development of the scheme area, there was no sign of any development at the site. Even it is not possible to identify and locate the said plot which has been allotted by the opposite party to the complainant. Till today, no road has been marked or constructed at the site. Even the possession of the scheme area has not been found to be taken by the opposite party till today and after making the relevant enquiries the complainant came to know that opposite parties have not taken the possession of the site in question, even after acquiring the said land, the landowners have got stay orders from the Hon'ble High Court regarding its acquisition and opposite parties have failed to take the actual physical possession over the property and the scheme has not been developed as per their representation and assurances. As per guidelines of the Government of Punjab the opposite parties before the process of allotment/auction will make sure that land is free from all encumbrances, but in this case the opposite parties have failed to follow the guidelines of the government and had misled the complainant by allotting the plot. It also transpired that the original landowners have not been given any amount of compensation by opposite parties to take possession of the scheme land and to develop the area of the scheme. As such, it can be concluded that there are no chances of the immediate development of the scheme area and complainant is not able to get the possession of the same. The complainant is having ready money with him as due till date but he did not wish to stuck his hard earned money in an undeserved property at the fag end of his life. Despite such long period the development of the said scheme is in paper only. The complainant visited the opposite parties and made enquiries about the development over the site and from the office, the complainant came to know that the opposite parties is not in a position to hand over the vacant possession of the said plot to the complainant, in that case plot will stand surrendered to the opposite parties due to act of their default and the complainant who had applied for the residential purpose in the said scheme is also unable to apply in any other improvement trust scheme, until and unless the above said allotment is not canceled and the amount deposited by him is not returned with interest. Complainant also wrote letter dated 30.9.2013 for taking the possession of the plot at which opposite parties have replied vide letter dated JIT/4071 dated 26.2.2014 as per which opposite parties admitted that the possession of the plot is not with the opposite parties. The opposite parties have also failed to follow the guidelines of letter No.6/44/05-4LG2/16729-90 dated 21.10.2005 issued by Government of Punjab. Thereafter the complainant has also issued a legal notice through his counsel demanding to deliver the possession or give the interest on amount already deposited with opposite parties but the opposite parties have even failed to comply with the notice. On such like averments, the complainant has prayed for refund of the amount deposited by him alongwith 24% per annum interest. He has also demanded compensation and litigation expenses.

2. Upon notice, opposite parties appeared and filed a written reply raising preliminary objections regarding maintainability and not approaching the Forum with clean hands. On merits, they admitted the allotment of the above said plot to the complainant by way of lucky draw held on 4.11.2011. They further simply denied the averments of the complainant as contained in the complaint.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OPA alongwith copies of documents Ex.OP1 and closed evidence.

5. We have carefully gone through the record and also heard the learned counsels for the parties.

6. Complainant was allotted plot No.145-D by the opposite party trust vide allotment letter dated 23.12.2011 Ex.C1. The complainant has deposited 1/4th price of the plot as per terms and conditions of the allotment letter. As per condition No.7 of the allotment letter, the scheme area was to be developed within 2-1/2 years and allottee was entitled to obtain the possession of the plot after executing the sale agreement with the trust. It is in the affidavit Ex.CA of the complainant that till date, despite repeated request the opposite party has failed to deliver the possession of the plot to him. It is further in his affidavit that even the possession of the scheme area has not been found to be taken by the opposite party till today. It is further in his affidavit that landowners have got stay orders from the Hon'ble High Court regarding its acquisition and opposite parties have failed to take the actual physical possession over the property and the scheme has not been developed as per their representation and assurances. It is further in his affidavit that he wrote letter dated 30.9.2013 for taking the possession of the plot at which opposite parties have replied vide letter dated JIT/4071 dated 26.2.2014 as per which opposite parties admitted that the possession of the plot is not with the opposite parties. Before filing the present complaint, the complainant also served legal notice dated 26.11.2014 Ex.C3 upon the opposite party trust to deliver the possession to him. In rebuttal, the opposite parties have simply tendered affidavit Ex.OPA which is nothing but the copy of written statement and broucher of the scheme Ex.OP1. Opposite party trust has not led any evidence to show that it has taken the possession of the scheme area and has started developing it and has ever offered possession to the complainant. The opposite party trust was supposed to develop the scheme area within 2-1/2 years from the date of allotment letter dated 23.12.2011 Ex.C1 as per condition No.7 of it. So, opposite party trust was supposed to develop the scheme area till June, 2014. In their written reply, the opposite parties have simply denied the averments contained in the complaint and have not taken any specific stand that it has taken the possession of the scheme area and the same has been developed or that it has offered the possession of the plot to the complainant. So from the evidence on record, it appears that the opposite party trust has failed to develop the scheme area within stipulated time and there is no chance of its development in the near future. So in these circumstances, the complainant is not supposed to stuck his hard earned money with the trust by paying remaining installments. So, in the above circumstances, we feel that complainant is entitled to refund of the 1/4th price of the plot deposited by him with the trust. He can not be made to wait for the development of the scheme area indefinitely.

7. In view of above discussion, the present complaint is accepted and opposite parties are directed to refund the amount deposited by the complainant within 9% interest per annum from the date of deposit till the date of payment. It is clarified that interest amount is being granted by way of compensation. The complainant is also awarded Rs.3000/- on account of litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

01.06.2015 Member Member President