BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.75 of 2015

Date of Instt. 02.03.2015

Date of Decision: 19.03.2019

Sh. Balvir Singh (aged about 43 years) son of Sh. Tarsem Singh, resident of Village Diwali, Post Office Jamsher Khas, Jalandhar.

..........Complainant

Versus

The Jalandhar Improvement Trust, Near Skylark Chowk, Jalandhar, Through its Chairman/C.E.O.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: None for the Complainant.

Sh. SKS Chhabra, Adv Counsel for the OP.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that the OP published by way of publication in various news papers that it is going to develop a world class housing complex at Jalandhar, wherein special provisions are made for economically weaker sections of the society. The OP also published that a dwelling house equipped with all the latest amenities and facilities would be provided to the applicants and called upon the general public to apply for the allotment of flats/dwelling units.

2. That the OP carved out a colony by the name of Indira Puram (Master Gurbanta Singh Enclave), Jalandhar. The OP offered that the colony will be fully developed by it and it would have all the facilities of a modern colony, wherein water connection, electricity connection and gas supply would be provided by the developer/builder i.e. the OP and it also offered to sell the fully built up and fully developed housing dwelling units to the general public. On being allured, the complainant applied for the same and vide letter No.JIT/4425 dated 04.09.2006 issued by the OP, a housing unit bearing No.LIG Flat No.258-A (Second Floor) was allotted to the complainant and the sale consideration was fixed at Rs.3,50,000/- to be paid in installments. The OP charged Rs.6000/- in addition to the sale consideration for the supply of piped LPG Gas line and also burdened the complainant with Rs.14,000/- being cess charges to which the complainant agreed and he paid the entire amount to the OP within the stipulated period. The complainant deposited the amount under protest, but was shocked to find that the construction, which was raised at the site, is of sub standard quality and there is no electric connection or water connection in the sold out property. Even the piped LPG Gas line is not laid in the demised property. The construction sans basic amenities, there is no street and no approach to the property. Even the construction is incomplete and there is no water supply in the property. The property is not fit for human habitation. The complainant has been cheated and let down by the OP. The acts of the OP amounts to illegal/restrictive trade practice and falls within the ambit of the Consumer Forum. The OP misguided the complainant and thereby caused losse to him and also cheated. That aggrieved by the illegal acts of the OP, the complainant got served a legal notice to the OP, but the same remained in vain and accordingly, a cause of action accrued to the complainant to file the instant complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to return the deposited amount of Rs.4,17,774/- and thereon interest as well as compensation of Rs.10 Lacs and litigation expenses of Rs.15,000/-.

3. Notice of the complaint was given to the OP, who appeared through its counsel and filed reply and contested the complaint by taking preliminary objections that the complaint filed by the complainant is false, frivolous and vexatious to the knowledge of the complainant and has been filed just to harass the answering OP. It is further alleged that no cause of action arose to the complainant against the OP. Rather cause of action arose to the answering OP against the complainant for dragging the OP in the false and frivolous litigation. It is further alleged that the complaint filed by the complainant is bad for mis-joinder and non-joinder of the necessary parties, even this Forum has no jurisdiction to try and entertain the present complaint. On merits, It is admitted that the complainant applied for LIG Flat and the same was allotted to the complainant and it is also admitted that the complainant deposited the earnest money, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.

4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA and affidavit of Bhagat Singh, Civil Engineer as Ex.CB along with some documents Ex.C-1 to Ex.C-38 and then closed the evidence.

5. Similarly, counsel for the OP tendered into evidence affidavit Ex.OPW1/A and closed the evidence.

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

7. Just to meet out the allegation of the complainant, the OP took a plea that the complainant intentionally and deliberately did not deposit the remaining amount within the stipulated period inspite of several request and reminder given by the JIT i.e. OP. Even the complainant obtained the possession from OP fraudulently without depositing the entire due amount. Apart from above plea, there is no query raised by the OP for not completion the construction work and delivery of possession within the stipulated period as mentioned in the allotment letter Ex.C-2, if so, then the OP is negligent and deficient in service.

8. Further, the OP took two plea that the complainant failed to deposit the remaining due amount within a stipulated period despite several request and reminder and further took a plea that the complainant has obtained the possession from OP by way of fraudulent without depositing the entire due amount, but in order to meet out the aforesaid question raised by OP itself, the OP has not brought on the file any documentary evidence to prove that the complainant has deposited the remaining due amount very late and further on which date the possession was handed over to the complainant. The OP has brought on the file simple only one affidavit Ex.OPW1/A, except that there is no document produced on the file by the complainant in order to establish the allegation leveled in the written reply. So, in the absence of any evidence, it is not possible to accept the version of the OP that the complainant had deposited delayed payment and possession has been obtained. With these observations, we are of the opinion that the possession has yet not been delivered to the complainant after lapse of so many years i.e. the allotment was made in the year 2006 as per allotment letter Ex.C-2 and further Clause-7 of the said allotment letter itself speak that the possession of the LIG Flat will be handed over to the complainant within 2½ years from the date of deposit of the remaining amount, but in this case, the OP has not took any specific date on which the complainant has last installment deposited, the period of 2 ½ years is to be commenced from the last date of payment of installment. So, in the absence of any evidence produced by the complainant, it is presumed that the OP has miserably failed to handover the possession since 2006, which shows that the possession of the flat is not possible in near future rather the OP is humiliating the complainant by retaining the hard earnest money of the complainant and as such, we find that the complainant is entitled for the relief claimed.

9. Further, we considered the plea taken by OP that this Forum has no jurisdiction to try and entertain the present complaint, but we are astonished to see the objection raised in the written reply, but it was not followed by the counsel for the OP, because no instance has been given by the OP that why this Forum has no jurisdiction when the flat in question is situated in the District Jalandhar and payments were also made at Jalandhar. So, we find that this Forum has jurisdiction.

10. In the light of above detailed discussion, the complaint of the complainant succeeds and accordingly, the same is partly accepted and as such, the OP is directed to refund the sale consideration of the flat i.e. Rs.3,50,000/- to the complainant along with interest @ 12% per annum from the date of allotment i.e. 04.09.2006, till realization and further OP is directed to pay a compensation to the complainant, to the tune of Rs.50,000/- and further directed to pay litigation expenses of Rs.7000/-. The entire compliance be made within one month 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.

11. 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 Jyotsna Karnail Singh

19.03.2019 Member President