BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.234 of 2020
Date of Instt. 14.08.2020
Date of Decision:25.06.2024
Prashant Malhan, son of Sh. Ashok Malhan, resident of house No.2210, Malhana Mohalla, Kartarpur (Distt. Jalandhar)-144801, through his General Attorney, Yogesh Suri, resident of House No.3363, Surian Mohalla, Kartarpur (Distt. Jalandhar).
..........Complainant
Versus
The Jalandhar Improvement Trust, Jalandhar through its Chairman.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Anil Kalia, Adv. Counsel for the Complainant.
Sh. M. S. Sood, Adv. Counsel for OP.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant was allotted one HIG Super Delux Flat no. 609, 5th Floor, in the development scheme of 17K-1M, known as Hare Krishna Towers, situate at Gazigulla, Dana Mandi Road, Jalandhar, by the OP, vide allotment letter no.JIT/1220 dated 08.06.2011. The terms & conditions, and also the schedule of payment of installments of its price, were set in the said allotment letter. The complainant made the payments of all installments alongwith interest up to the installment no.4, which was due on 07-06-2013. Thus, a total sum of Rs.26,12,500/- stood so paid by complainant to the Jalandhar Improvement Trust, on 05-09-2013, vide receipt. Thereafter, complainant came to know that the above referred flat no.609 which had been allotted to him and for which he had already paid Rs.26,12,500/- to the Jalandhar Improvement Trust, was not in existence, i.e. it was not even constructed by the Jalandhar Improvement Trust, the OP. Upon numerous representations and protests in this regard, the complainant was ultimately allotted an alternative flat bearing no: 607, 5th Floor in B. R. Ambedkar Towers in the said scheme, vide letter no:JIT/3684 dated 31-01-2019. It is pertinent that this alternatively allotted flat no.607, was lower by one category than the originally allotted flat no: 609, having one bedroom and other construction, less. In order to safeguard his interest and the huge amount of money already paid by to the OP for the flat, complainant accepted this alternative allotment, and paid up the entire balance due to the Jalandhar Improvement Trust, which was Rs.1,79,500/-on 22-01-2019 and he was, thereafter, delivered its possession on 08-02-2019. This amount of Rs.1,79,500/- was demanded by OP from the complainant vide its letter no.JIT/3345 dated 04.01.2019. The Jalandhar Improvement Trust is guilty of unfair trade practice and deficiency in service for already taking four installments towards the price of flat, but not having even constructed it, and thereafter giving the possession of alternative flat only on 08-02-2019, viz., after almost 5½ years. It has caused great inconvenience and financial loss to complainant. The complainant got served, under registered post, a legal notice dated 23-11-2019 upon the OP, 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 pay Rs.14,90,765/- to complainant alongwith up further interest up to the date of actual payment and further OP be directed to pay a compensation of Rs.2,00,000/- for causing mental tension and harassment to the complainant.
2. Notice of the complaint was given to the OP, who appeared through its counsel and filed its reply and contested the complaint by taking preliminary objections that the complainant has deposited the demanded for the flat allotted by the OP, as per rules framed under the Punjab Town Improvement Act. It is further averred that the complainant did not object or raise any pint dispute, hence this complaint is not maintainable. It is further averred that the present complaint is barred under the provisions of order 23 Rule 1 CPC. On merits, all the allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.
6. It is admitted and proved fact that the complainant was allotted one HIG Super Delux Flat no. 609, 5th Floor, in the development scheme of 17K-1M, known as Hare Krishna Towers, situate at Gazigulla, Dana Mandi Road, Jalandhar, by the OP. The complainant has proved the allotment letter dated 08.06.2011 Ex.C-1. It is admitted that the complainant made four installments upto 07.06.2013. The complainant has proved the receipt Ex.C-2, vide which he made the payment of Rs.26,12,500/- till 05.09.2013. The complainant has alleged that the plot No.609 was not in existence nor any construction was ever raised by the Improvement Trust. When the complainant made representation and protest, another Flat No.607 in B. R. Ambedkar Tower was allotted to the complainant on 31.01.2019 as per Ex.C-5. The complainant himself has admitted that since the huge amount of money was involved, therefore, he accepted the alternative allotment, though which was not equal to the Flat No.609. As per Ex.C3, the OP wrote a letter on 04.01.2019 to the complainant that the Govt. has approved the resolution dated 28.07.2016 for alternative plot on 04.05.2018. This information was given to the complainant vide Ex.C-3 and Ex.C5 and as per Ex.C-5, the plot No.607 was allotted to the complainant in B. R. Ambedkar Tower as an alternative Flat. As per Ex.C3, the complainant was asked to deposit Rs.1,79,500/- more for the allotment of Plot No.607, which was also deposited by the complainant, vide Ex.C-4. The possession was also delivered to the complainant of Flat No.607 on 08.02.2019 as per receipt Ex.C-6.
7. The complainant has alleged that he had deposited the entire amount till 2013 for the allotment of the plot No.609, but this plot was never in existence, therefore no possession of the plot No.609 was handed over and the OP had used his money for all this period. As per Ex.C-1, the construction work was to be completed within 2 ½ years of the allotment. The allotment was made on 08.06.2011 and till 08.12.2013, the possession was to be delivered after completing the construction and providing the amenities. The complainant has deposited the entire amount, but the conditions of Ex.C-1 were not complied with by the OP. As per the record, the alternative allotment was made to the complainant on 22.01.2019 though as per letter the permission was granted or approval was granted in the year 2018, but he was given the possession on 08.02.2019 i.e. after 8 years of the original allotment. The complainant had deposited the entire amount of Rs.26,12,500/- by 05.09.2013. His acceptance was obtained in the month of July 2016 as per letter Ex.C-5. For the three years, from 12/2013 till 28.07.2016, no interest was paid to the complainant nor the possession was delivered of any Flat nor the Flat was constructed by the OP. Till 31.01.2019, the complainant remained waiting for the flat till then the amount deposited by the complainant, was used by the OP without any information to the complainant. This is delayed possession. It is the duty of the OP to handover to the complete possession to the allottee and to comply with the conditions. As per the conditions of the Ex.C-1, if the complainant fails to deposit the installments, he is liable to pay interest and fine. Similar rule applies to the OP also that if they fail to comply with the conditions of the allotment, they are liable to fine and they are also liable to pay the interest. Though, an alternative flat has been allotted to the complainant, but that was in the year 2019 i.e. after 6 years of the expiry of the required time for handing over the complete possession of original allotment of Flat No.609/-. Thus, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to pay the interest @ 9% on the amount of Rs.26,12,500/- (the amount of Flat No.609) from the date 12/2013 till 31.01.2019 when the allotment of plot No.607 was made. Further, OP is directed to pay a compensation to the complainant for mental agony and harassment caused to the complainant, to the tune of Rs.30,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order and in case, the same is not done within 45 days, the OP shall be liable to pay additional interest @ 3% per annum to the complainant, on the amount of Rs.14,90,765/-. 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 Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
25.06.2024 Member Member President
