BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.122 of 2018

Date of Instt. 23.03.2018

Date of Decision: 27.02.2019

Darshan Lal Narula aged 76 years son of late Sh. Diwan Chand Narula, R/o H. No.B-IX/742/58, Backside KMV College, New Santokhpura, Jalandhar.

..........Complainant

Versus

The Jalandhar Improvement Trust, Jalandhar Through its Chairman.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Shivji Lal, Adv Counsel for the Complainant.

Sh. M. S. Sood, Adv Counsel for the OP.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that the complainant was allotted LIG Flat bearing No.12-A, First Floor, under development 51.5 acre (Bibi Bhani Complex), Guru Amar Dass Nagar, Jalandhar on 16.08.2009 in lucky draw at Red Cross Bhawan, Jalandhar and intimation to that effect was conveyed to the complainant by OP, vide its letter No.JIT/7977 dt. 28.01.2010 and further submitted that the complainant deposited a sum of Rs.6,51,482/- being a total cost of the flat and completed all the requisite formalities. As per terms of Clause No.7 of the allotment letter, OP had to complete the construction within 2½ years from the date of allotment letter and thereafter, possession was to be delivered. Till date, the OP has failed to failed to complete the construction in all respect what to speak of delivery of possession till date.

2. That the complainant has been awaiting for fairable response from the OP for delivery of possession of said flat, but the OP has been putting off the matter on one pretext or the other without assigning any reason, which is nothing, but glaring example of unfair trade practice and is a delaying tactics on the part of the OP. The claim of the complainant has been wrongly kept pending without assigning any speaking order. The complainant on 14.01.2013, sent a letter to OP since the construction of said flat has not been started, he may be allotted another flat the preferably on the ground floor and in reply, OP vide its letter No.JIT/404 dated 02.05.2013 mentioning therein that the construction of the flat has not been completed, so the possession of the flat can not be delivered at present. The complainant again requested the OP, vide letter dated 27.09.2013 to intimate the present status of the construction or the complainant may be allotted another flat in the complex, but the OP has failed to make any reply. Thereafter, the complainant served a legal notice dated 23.02.2018 through his counsel, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to refund the price of the flat i.e. Rs.6,51,482 along with interest @ 24% per annum and further OP be directed to pay damages, to the tune of Rs.1,00,000/- and litigation expenses of Rs.22,000/-.

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 OP has fully developed the scheme of development in which flat in dispute is situated and further alleged that the OP is ready and willing to handover the possession of the flat in dispute to the complainant as per rules. On merits, it is admitted that the complainant has applied for the flat in question and the same was allotted to him, 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. The complainant filed Rejoinder of the written reply and whereby reasserted the entire facts as detailed in the complaint and denied those of the written statement.

5. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA along with some documents Ex.C-1 to Ex.C-28 and then closed the evidence.

6. Similarly, counsel for the OP tendered into evidence affidavit Ex.OPA and one document Ex.OP-1 and closed the evidence.

7. We bestowed our thoughtful consideration to the submissions made by learned counsel for the respective parties and also gone through the case file very minutely.

8. Precisely, the case set up by the complainant that LIG Flat bearing No.12-A, First Floor, under development 51.5 acre (Bibi Bhani Complex), Guru Amar Dass Nagar, Jalandhar was allotted to the complainant on 16.08.2009 and accordingly, the complainant deposited the advance money as well as remaining entire price of the flat i.e. Rs.6,51,482/- and an allotment letter dated 28.01.2010 Ex.C-1 was issued to the complainant. It is further alleged by the complainant that the OP gave undertaking in the said allotment letter that possession of the flat will be delivered to the complainant within 2 ½ years and also made a compulsion upon the allottee to deposit the said amount within the said stipulated period, but till the date of filing complaint i.e. 23.03.2018, the OP miserably failed to handover the possession of the flat in question and whereby caused a financial as well as mental and physical harassment to the complainant and the act and conduct of the OP is tantamount to deficiency in service and accordingly, make a request for refund of the total cost of the flat along with interest as well as damages and litigation expenses.

9. The case of the complainant has been responded by the OP simply taking a plea that the OP has fully developed the scheme in which the flat in dispute is situated, regarding that a report Ex.OP-1 is available on the file and further took a plea that the OP is ready and willing to handover the possession of the flat in dispute to the complainant as per rules.

10. We have considered the respective plea of both the parties and find that the flat in question was allotted to the complainant on 16.08.2009 and accordingly, after depositing of the amount, allotment letter dated 28.01.2010 Ex.C-1 was issued to the complainant and all the terms and conditions agreed by both the parties has been incorporated in the said allotment letter Ex.C-1. If we glance the Para No.7 of the said allotment letter Ex.C-1, then we can say without any hesitation that the total value of the flat is to be deposited by the allottee within 2½ years and till then the OP has undertook to complete the construction and handover the possession. So, it means the complainant had deposited the entire amount and if we reckoned the period of 2 ½ year from 28.01.2010, then the OP has to deliver the possession of the flat to the complainant on or before 28.07.2012, but till the date of filing the instant complaint i.e. 23.03.2018, the possession was neither offered nor delivered to the complainant and by frustrating the attitude of the OP, the complainant has filed the instant complaint. No doubt, the OP has managed one document i.e. Ex.OP-1, but the date of the said document is 25.05.2018, means after filing of the instant complaint. So, it is clear that the said document is manipulated and prepared by the OP just to immune from the liability of non-delivering of the possession of the flat. Simply submitting a report on the file in the shape of Ex.OP-1 is not sufficient or it does not established that the flat in question has been ready for habitation, it is the duty of the OP to bring on the file sufficient evidence to establish that the area where the said flat is to be constructed has been also developed and every immunity of daily life like water supply, sewerage, electricity etc. has been also provided to all the flats, but there is no such like evidence came on the file from the side of the OP, which itself shows that the flat in question is yet not ready for delivery. So, it is a great negligence as well as deficiency in service on the part of the OP and therefore, we hold that the complainant is entitled for the relief as claimed.

11. In view of the above detailed discussion, the complaint of the complainant is succeeds and accordingly, the same is partly accepted and OP is directed to refund the amount of Rs.6,51,482/- being the cost of the flat, to the complainant with interest @ 12% per annum from the due date of delivery i.e. 28.07.2012, till realization and further OP is directed to pay compensation to the complainant, to the tune of Rs.80,000/- and litigation expenses of Rs.10,000/-. 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.

12. 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

27.02.2019 Member President