Arrest warrants against JIT official

Deepkamal Kaur

Tribune News Service

Jalandhar, February 15

The District Consumer Disputes Redressal Forum has issued non-bailable warrants against the Executive Officer of the Jalandhar Improvement Trust (JIT) over the non-compliance of its two-year-old orders related to a complaint filed by an allottee of Bibi Bhani Complex.

President of the forum Karnail Singh and member Harvimal Dogra in the last hearing over the execution appeal have ordered the issuing of warrant of arrest of the EO for March 13. The orders were issued after the forum found that its orders regarding the refund of an amount of Rs 5.88 lakh to an allottee of the scheme had not been complied with. Also, no one had appeared on behalf of the JIT for the hearing of the execution appeal on the last date on February 7.

The case pertains to a complaint filed by Charanjit Singh of Chahar Bagh in May 2015 over the failure in the delivery of possession of LIG flat No. 67 in the 51.5 acre scheme at Guru Amar Das Nagar. The plaintiff said he had got the allotment in a lucky draw in August 2009 and had paid the entire purchase price of Rs 5.88 lakh. He added that he was told that JIT would give the possession of the flat on the payment of the last instalment within 2.5 years from the date of the allotment, which should have been by July 10, 2012.

He had alleged that JIT did not deliver the possession of the flat despite several requests made by him. He had sought the refund of the amount deposited by him along with interest, compensation and litigation expenses.

JIT had then replied, saying the structure of the flats was complete and finishing remained to be done, which had been held up as the contractor ran away and the matter was pending before the court.

The forum with president Bhupinder Singh had then decided, “We have come to the conclusion that JIT has been enjoying fruits of Rs 5,87,942 since July 2012 and nothing has been paid to the complainant in the form of interest. It was the contract between JIT and the contractor for the completion of the flats in question. There is no privity of contract between the complainant and the contractor. JIT was liable to get the construction completed within the stipulated period from another contractor and could get the amount, if any spent more than the contract, recovered from earlier contractor, but the allottees could not be made to suffer because of the fault on part of the contractor. Resultantly, we allow the present complaint with cost and JIT is directed to refund the amount of Rs 5,87,942 to the complainant with interest of 12 per cent per annum from the date of receipt till the payment is made to the complainant.”

It had also directed the forum to pay the cost of the litigation to the tune of Rs 2,000 to the complainant.