BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.299 of 2024
Date of Instt. 23.08.2024
Date of Decision:30.10.2024
Manpreet Singh s/o Ajit Singh aged 25 years r/o WR 203, Basti Sheikh, Jalandhar.
..........Complainant
Versus
1. Jalandhar Improvement Trust, Jalandhar through its Chairman/Executive Officer/Administrator.
2. The Chairman, Jalandhar Improvement Trust, Jalandhar.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Miss. Aastha, Adv. Counsel for Complainant.
OPs exparte.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant being attracted and impressed by lucrative representation of OP in respect of Surya Enclave (Development Scheme of 170 Acres) and due to his indispensable personal need of residence in pollution free, prominent and prestigious area in Jalandhar, participated in the public auction which took place on 15.07.2019. The bid of the complainant was accepted at the rate of Rs.16,600/- per sq. yards being the highest bidder and resolution no.400 was passed by the OPs which was confirmed by the Government vide Memo No.C1-DCC-This complaint could not be decided within stipulated time frame due to rush of work.-2020/35701 dated 09.09.2020 and Plot No.218-B 216.66 sq. yards in 170 Acre Development scheme known as Surya Enclave was allotted to the complainant, vide allotment letter dated 22.09.2020. At the time of allotment of the plot, the complainant made the payment of Rs.1,00,000/- to the OPs as earnest money. Then thereafter the complainant deposited Rs.4,77,000/- to the OPs vide cheque No.000172 from the account No.0512429122 and another payment of Rs.5,39,500/- was made by the complainant to the OPs vide cheque no.042806. Each and every payment was made to the OPs for the development of the scheme and providing infrastructural facilities. The above stated payments made by the complainant also included the cess charges, sale agreement feees, photography fees and site plan fees etc. Since the complainant had made the payment to the OPs it was the duty of the OPs to enter into sale agreement with the complainant within 30 days of the allotment, but the OPs failed to enter into the sale agreement and to deliver the possession of the plot alongwith the promised infrastructural facilities as promised. The OPs have not been able to enter into sale agreement and have failed to demarcate and deliver the possession of the plot to the complainant. On visiting the site by the complainant, there are no infrastructural facilities as promised by the OPs No.1 and 2 at the site. Rather instead of the ultra-modern facilities being there at plot site, there was a jungle of weeds and unwarranted vegetation, sullage pond emitting obnoxious smell and pollutions and huge-load of debris. Since the OPs have failed to deliver the possession of the complainant since four years from the allotment due to which the plot site has become dumping site containing the debris, jungle growth and water logging at the complainant’s plot site due to which it has become very difficult for the complainant to demarcate the plot. This act and conduct of the OPs clearly shows that they have indulged in unfair trade practice and have been deficient in their service since the allotment of the plot 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 deliver him the possession of the plot after demarcation alongwith infrastructural facilities and basic amenities and take the remaining payment in shape of installment of the consideration amount without levying any interest or penalty and without charging any non-construction fees and further be directed to refund the part payment of Rs.11,16,500/- which is 1/4th of the total consideration amount of the plot alongwith interest @ 18% per annum till date. Further, OPs be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and litigation expenses of Rs.25,000/- as litigation expenses.
2. Notice of the complaint was sent to the OPs, but despite service both the OPs failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove her respective version, the counsel for the complainant has produced on the file her respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file as well as written arguments submitted by the counsel for the complainant very minutely.
5. It is proved fact that the plot No.218-B of the development scheme 170 acres known as Surya Enclave Extension was allotted to the complainant, vide allotment letter dated 22.09.2020, which has been proved as Ex.C-2. The complainant has proved on record the receipt, acknowledgement and DD showing the payment of the plot made by the complainant to the OP. The same have been proved as Ex.C-3 to Ex.C-5. The contention of the complainant is that despite having complied with all the requirements and payment made by the complainant, the OP has failed to demarcate and deliver the possession of the plot to the complainant. There are no infrastructural facilities present at the site as promised by the OP. Photographs of the area, which highlighted the conditions and progress in the area, has been proved on record as Ex.C6 to Ex.C11. The complainant wrote a letter dated 13.09.2022 Ex.C-12 to the OP showing his readiness to deposit the remaining consideration amount.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-12.
7. So, in view of the above detailed discussion, it is proved that the condition of the site is not habitable. The photographs Ex.C-7 to Ex.C-11 clearly show that there is no amenities, no portable roads, no electricity connection is there. There is no development at all. The water has been clogged in Ex.C-10. In such circumstances, the complainant is not bound to accept the possession even if the possession is offered as per law. It has been held by the Hon’ble Chandigarh State Commission (UT) in a complaint case No.63 of 2020, decided on 01.07.2021, case titled as ‘Usha Yadav Vs. M/s Manohar Infrastructure & Constructions Pvt. Ltd. and Anr.’ that ‘Mere taking a bald ground to the effect that the plot is ready for possession and that the complainant can be asked to take possession thereof, in the absence of any evidence to the effect that the plot area is habitable, has no value in the eyes of law-burden to proof that the project has been completed and the site, in question is fully developed or is about to complete is on the builder/OP.’ In the present case, no possession was ever delivered nor offered nor the condition has been improved nor completion certificate has been shown to the complainant nor any notice has been sent for taking the possession nor anyone has come present to put his defence. In such circumstances, the complainant is entitled for the relief and the complaint of the complainant is partly allowed and OPs are directed to refund the amount of the plot paid/deposited by the complainant with interest @ 9% per annum from the date of making deposits till its realization. Further, OPs are 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.10,000/-. 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 the Plot deposited by the complainant.
8. 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
30.10.2024 Member Member President
