BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.28 of 2017

      Date of Instt. 03.02.2017

      Date of Decision: 12.01.2021

Jatinder Singh son of Sh. Nirmal Singh, resident of 108, Guru Amar Dass Nagar, Jalandhar through his general power of attorney Smt. Balwinder Kaur w/o Jaspal Singh, resident of 108, Guru Amar Dass Nagar, Jalandhar.

..........Complainant

Versus

1.       The Jalandhar Improvement Trust through its Chairman.

2.       The Executive Officer, Jalandhar Improvement Trust, Near Sky        Lark Chowk, Jalandhar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Sh. Kuljit Singh             (President)

Smt. Jyotsna                   (Member)

Present:       Sh. B. S. Saini, Adv. Counsel for the Complainant.

Sh. SKS Chhabra, Adv. Counsel for the OPs No.1 & 2.

Order

Kuljit Singh (President)

1.                The instant complaint has been filed by the complainant, wherein alleged that the OPs had floated a scheme known as Surya Enclave Extension (170 Acre) Development Scheme published in the newspaper and in that scheme, the complainant had applied for the allotment of a plot of 153 sq. yards in the general category as the complainant wanted to construct a house at the said plot and shift to the said area as the same was proposed and promised to be approved area with wide roads, big parks and amenities, like domestic gas pipeline of a govt. approved scheme. The complainant applied for plot and on a draw held on 07.02.2004, the complainant was allotted the plot No.514-B and was informed about the allotment to the complainant, vide letter No.JIT-8266 dated 20.02.2004. The complainant in pursuance of the terms and conditions of the allotment letter, deposited the total amount i.e. Rs.3,06,000/- lump sum full and final. As  per the letter No.jit-8266 dated 20.02.2004, the charge of LPG gas pipeline has been deposited by the complainant as per the instructions given in this letter. The said amount was deposited by the complainant on 17.03.2004, vide receipt No.1560. But the OP has not provided Gas Pipeline facility to the complainant till today. That as per the terms and conditions contained in the letter of allotment, the complainant was entitled to get the agreement executed within 30 days of the issuance of the letter of allotment and further it was promised in the letter of allotment that the OPs shall provide all the development and necessary amenities within a period of 2 ½ years of the letter of allotment and that the complainant can get the possession of the plot after the execution of the agreement of sale. It was further contained in the terms and conditions of the agreement that the complainant was bound to raise construction over the allotted plot within a period of three years from the letter of allotment and that in case of non construction within the stipulated period of three years, the complainant was liable to pay non construction charges and penalties as levied by the OPs. Further it was contained in the terms and conditions of the letter of allotment that constructions can be raised over the plot in question by getting a site plan sanctioned from the OPs. That the purpose of applying for the said plot by the complainant has been rendered frustrated by such non development of the scheme land and not provided gas pipelines to the complainant as stipulated in the terms of the allotment letter. Instead of providing Gas Pipeline to the complainant, the OP has charged an amount of Rs.57,375/- as enhancement, Cess Fees of Rs.2295/- and interest on non construction Rs.63342/- illegally from the complainant as under:-

a)       Providing Gas Pipe Line                              Rs.10,000/-

b)      Enhancement, Cess Fee                     Rs.59,670/-

c)       Interest charge illegally                       Rs.63,342/-

          on non construction charges

                    That JIT seems to have floated the said development scheme in contravention of the Govt. instructions and byelaws without providing the gas pipelines of the scheme land and unduly enriched itself by getting huge amounts from the allottees like the applicant. The complainant has been unduly charged with the price of the gas pipelines and other amount as enhancement etc. and further its installment and interest and other charges. The JIT could not provide gas pipeline to the complainant. The OPs were not in a position to provide the gas pipeline to the complainant. Further the OPs were not in a position to show the providing of basis amenities of sewerage in a water supply in the scheme area and its connection with the plot in question. Further the OPs were not in a position to deny the litigation involving the scheme area. As such, the OPs were deficient in service in not providing the basic facilities for the enjoyment of the possession of the plot nor they had possession of the plot with them and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to provide Gas Pipe Line of Rs.10,000/-, Enhancement, Cess Fee of Rs.59,670/- and interest charge illegally on non construction charges of Rs.63,342/- and further be directed to pay compensation and damages to the tune of Rs.3,00,000/- and litigation expenses of Rs.33,000/-.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not at all maintainable, hence deserve dismissal and further alleged that no cause of action has ever accrued to the complainant against the OPs, for filing the present complaint. That Smt. Balwinder Kaur alleged attorney of Jatinder Singh is not competent to file the present complaint as the alleged attorney in her favour is not the legal and valid document. Moreover, Smt. Balwinder Singh is not aware about the actual facts of the case, as the complaint is liable to be dismissed. It is further alleged that the complainant has no locus-standi to file the present complaint against the OPs. That the complainant has not approached this Forum with clean hands and has suppressed the true and material facts and as such, the complainant is liable to be rejected out rightly. It is further alleged that the OPs in order to facilitate the allottees already deposited Rs.1,40,90,000 with the HCL company for installing the gas plant and as well as laying the gas pipe lines in the colony, so that the same will be provided to the inhabitants and the aforesaid company has already installed two bullet gas on the spot for the storage of the gas. The remaining process in this regard is in the process. It is worthwhile to mention here that the installing of the gas plant and as well as laying of gas pipe lines, is a work of very sensitive nature which required extra vigilance as the colony is not properly developed so far hence the installing of the said equipment will became hazards to the inhabitants of the locality as well as the whole city in case any mis-happening of gas leaking will be there. Moreover the process is going on and the OPs have already deposited the required amount with the authorities concerned. The moment of the colony is properly developed and secured from all angles, the OPs after completing all the requisite formalities will issue the gas connection to the complainant. On merits, it is admitted that the process for installations of gas plant and laying of gas pipe lines is already in process, but due to precautionary measure the connections are not being distributed to the allottees, 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.

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

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

5.                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.

6.                After taking into consideration the respective submission of both the counsel for the parties, we find that the dispute between the parties is only whether the facility of providing Gas Pipe Line in question is delayed for negligence of the OPs or not. The complainant alleged that as per terms and conditions of the agreement, the charges of LPG Gas Pipeline has been already deposited by the complainant as per the instructions given by the OP. The said amount was deposited by the complainant on 17.03.2004, vide receipt No.1560, copy of the same is Ex.C-3. The OP also charged Rs.57,375/- as enhancement and Rs.2295/- as Cess Fees from the complainant, the same are evident from Ex.C-4, but the OP has not provided the said facility to the complainant till today and as such, the complainant filed the present complaint.

7.                On the other hand, the counsel for the OPs admitted in his reply that the process for installations of gas plant and laying of gas pipe lines is already in process, but due to precautionary measure the connections are not being distributed to the allottees. Further, submitted that the installing of the gas plant and as well as laying of gas pipe lines, is a work of very sensitive nature which required extra vigilance as the colony is not properly developed so far hence the installing of the said equipment will became hazards to the inhabitants of the locality as well as the whole city in case any mis-happening of gas leaking will be there. Moreover, the process is going on and the OPs have already deposited the required amount with the authorities concerned. The moment of the colony is properly developed and secured from all angles, the OPs after completing all the requisite formalities will issue the gas connection to the complainant.

8.                After considering the over all facts, one thing is clear that OPs are failed to provide the facility of Gas Pipe Line to the complainant as the complainant has already deposited an amount of Rs.57,375/- as enhancement and Rs.2295/- as Cess Fees, which are evident from Ex.C-4, so accordingly, the case of the complainant is proved and he is entitled for the relief and accordingly, the complaint of the complainant is partly accepted and OPs are directed to provide the facility of Gas Pipe Line to the complainant within 6-8 months, failing which the OP will liable to refund the price of Gas Pipe Line i.e. Rs.10,000/-, Enhancement and Cess fee i.e. Rs.59,670/- and interest charged on non construction i.e. Rs.63,342/-. Further, the OPs are directed to pay compensation as well as litigation expenses to the complainant, to the tune of Rs.7000/- for causing mental tension and harassment to the complainant. 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.

9.               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                           Kuljit Singh

12.01.2021                              Member                          President