BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.311 of 2019
Date of Instt. 09.08.2019
Date of Decision: 05.12.2022
Sonia Sethi D/o Sh. Jagdish Chander Ujala Nagar Near 6th Patshah Gurdwara Basti Sheikh Jalandhar Punjab.
..........Complainant
Versus
Jalandhar Improvement Trust, Model Town Road, Jalandhar City Through its Executive Officer.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Darshan Singh Ahuja, Auth. Rep. for Complainant.
Sh. Deepak Sidana, Adv. Counsel for the OP.
Order
Dr. Harveen Bhardwaj (President)
1. This complaint has been filed by the complainant, wherein alleged that the OP gave an advertisement to provide shelter to needy public with ulterior-modern facilities with quality and standard of construction and accordingly, attracted and allured the general public for apply LIG Flat in the scheme of Bibi Bhani Complex. The complainant submitted application No.71388 on prescribed form to OP along with all the requisite documents and completed and complied with all the formalities. The complainant was allotted LIG Flat No.21-A, Ground Floor, Vikas Scheme 51.5 Acre, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar on 16.08.2009, in Lucky Draw dated 16.08.2009 at Red Cross Bhawan, Jalandhar. The information regarding the allotment of LIG Flat was given by OP, vide its letter No.JIT/7926 dated 28.01.2010, to the complainant. The complainant has deposited all the requisite papers for the registration of the application with the necessary fee and other formalities were completed within the stipulated period. The only formality which was to be completed was to give the possession of allotted flat duly completed with all the amenities and ultra-modern facilities with quality of standard construction within 2 ½ years vide clause No.7 of allotment letter. The complainant paid the whole purchase price of flat in the sum of Rs.3,68,300/- to OP. The complainant discontinued further payments of installment to the OP after the amount paid as described in Para No.6 above since construction work was virtually stopped and there was no chance of completion and construction of the flats in the near future and delivery of physical possession of allotted flat. Even after protracted follow up running from pillar to post and lapse of period of more than nine years from the date of allotment of flat under the scheme in question, the completion on delivery of physical possession with all amenities agreed and promised is still in limbo. It has also come on the record of this Commission that good number of complaints of several frustrated disgusted allotted for refund/return of their hard earned money paid to OP are pending for final decision although in some of the cases the complainants have been accepted by this Commission and affirmed by Hon’ble State Commission and Hon’ble National Commission. Delay in delivery of possession per se attract Odium of deficiency, negligence and unfair trade practice envisaged under the provision of Consumer Protection Act, 1986 as amended upto date on the part of the OP. The delay is tainted with malafide and arbitrariness and purpose behind the curtain is a deceitful, modus operandi on the part of the OP. 2. The complainant has been running from pillar to post for return of the money paid by him to the OP, but to no avail. The act and conduct of the OP is absolutely a deficiency in service and unfair trade practice and as such, the instant complaint filed by the complainant 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.3,68,300/- along with interest @ 12% p.a. from the date of deposit up to the date of actual payment and further OP be directed to pay compensation to the complainant for causing mental harassment and agony, to the tune of Rs.1,00,000/- and OP be also directed to pay cost of proceeding of Rs.10,000/- and be also directed to pay postal expenses of Rs.1000/-.
3. Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the complaint of the complainant is not maintainable in the present form, as such, the present complaint is liable to be dismissed. It is further averred that the flat in question has been allotted to the complainant, vide letter No.7926 dated 28.01.2010 in 10 installment. Last installment was to be paid by on 28.01.2015 with further condition that the possession of the same handed over to the complainant thereafter and after making the payment of installment by the complainant. The complainant has not paid the installments in time and ultimately request was made by the complainant that she is ready to deposit the whole amount vide letter dated 12.11.2014 and she was informed accordingly that a sum of Rs.6,12,978/- is due towards the price money of the flat. But the complainant has not paid the balance amount towards the sale price of the flat to the OP and filed the present false and frivolous complaint as the complainant is guilty of breach of contract. As such, the present complaint of the complainant is liable to be dismissed. It is further averred that the present complaint is vague, false and frivolous to the knowledge of the complainant, as such, the present complaint is liable to be dismissed. The complainant has given the wrong affidavit while getting the flat sanctioned in her favour. As such, the present complaint of the complainant is liable to be dismissed. On merits, the factum with regard to allotment of the flat to the complainant is admitted, but the other 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.
4. 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.
5. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
6. We bestowed our thoughtful consideration to the submissions made by learned counsel for the respective parties and also gone through the written arguments submitted by learned counsel for both the parties as well as case file very minutely.
7. It is admitted case of the parties that the complainant was allotted LIG Flat No.21-A, Ground Floor, in Vikas Scheme 51.5 (Bibi Bhani Complex) vide allotment letter dated 28.01.2010 Ex.C-1. As per this letter, after receipt of the entire amount, the possession was to be delivered to the complainant within 30 months. The complainant has proved on record the receipts showing the payment made by the complainant of Rs.3,68,300/- Ex.C-2 to Ex.C-4. As per clause-7 of allotment letter Ex.C-1 entire construction, development facilities and all amenities were to be provided to the complainant within 2 ½ years. As per the contention of the complainant, till today the OPs have failed to provide the amenities and even the construction is not completed.
8. The contention of the OP is that the complainant has not deposited all the installments, therefore the complainant cannot be given any benefit and the possession was not delivered. The OP has proved on record the letter Ex.OP-2 written by the complainant, vide which she had sought the time to deposit the installments as she got sick and due to unavoidable circumstances, she could not deposit the amount. On this application, sanction was sought vide proceedings Ex.OP-4. The OPs have also relied upon the letter dated 12.11.2014 written by the complainant vide which she had sought the clarification and the exact amount to be deposited by her as she was ready for depositing the amount, but she had not deposited the amount despite she was informed about the pending amount, vide Ex.OP-6. Earlier also she was asked to deposit the amount of 1/4th share vide Ex.OP-5.
9. From all the documents relied upon by both the parties, this fact is proved that the entire amount of installments as per the allotment letter Ex.C-1 was not deposited by the complainant due to any unavoidable reason as per the contention of the complainant. It has come to the notice of the Commission in number of complaints of Bibi Bhani Complex that the construction work of the complex is not complete and the amenities have also not been provided as per the agreed condition No.7 of Ex.C-1. It has been held by the Hon’ble State Commission, in “Manoj Bagroy Vs. M/s N. H. Matcon” in consumer complaint no.429 of 2019, decided on 07.01.2020 that even if the possession is taken by the consumer, it would be a incomplete and invalid delivery of possession for the want of the amenities. It is also well settled law that the complainant cannot wait for years together to get the possession. The construction of the plots and the complex admittedly is not completed and if the complainant has not deposited all the installments, then she can be held defaulter only if the OP is ready with the construction and amenities on the spot, but this is not so. The OP cannot find faults in the complainant once they themselves are guilty of not complying with the conditions of Ex.C-1. The complainant can be denied the relief only if the OP succeeds in proving that they are not at fault and all the conditions, which were to be complied by them are complied with. Till today, the allotment has not been cancelled by the OP nor there is any document to show that the amount has been forfeited due to cancellation of the plot. But this is not so. It is proved that the amount of Rs.3,68,300/- deposited by the complainant has been used by the OP without giving any benefit to the complainant, therefore she is entitled for the refund of the same.
10. Thus, in view of the above detailed discussion, we are of the considered opinion that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainants is partly allowed and OP is directed to refund the amount paid by the complainant i.e. Rs.3,68,300/- along with interest @ 9% per annum from the date of payment, till realization and further, OP is directed to pay a compensation to the complainants for mental agony and harassment caused to the complainants, to the tune of Rs.30,000/- and further directed to pay litigation expenses of Rs.5000/-. The entire compliance be made within 45 days 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 Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
05.12.2022 Member Member President
