Improvement Trust fined Rs27, 000 for delay in possession of plots

Avneet Kaur

Jalandhar, May 24

Having failed to deliver the possession of plots even 10 years after the scheduled date, the District Consumer Disputes Redressal Forum has asked the Jalandhar Improvement Trust (JIT) to pay compensation of Rs 27,000 to Suvikram Jyoti, a resident of Panchkula.

The forum has also directed the JIT to deliver the possession of plots and complete all related formalities within one month.

In his complaint, Rajiv Bansal, who is s special power of attorney holder of Suvikram Jyoti, said in 2009, late DD Jyoti, father of Suvikram, had purchased two plots (142-143) at Guru Gobind Singh Avenue.

He said late DD Jyoti deposited 25 per cent of the total amount — Rs 2,24,750 against each plot on July 14, 2009. However, the possession of the plots has still not been handed over to the legal heirs of DD Jyoti.

Criticising the functioning of the JIT, Rajiv Bansal alleged that till DD Jyoti was alive, he tried his best to deposit the balance amount of the plots, but JIT officials turned down his request every time.

He said DD Jyoti, on many occasions, visited the office of the JIT and requested to handover the vacant physical possession of both plots (as allotted to him under LDP quota).

But instead of giving any concrete answer, the JIT caused mental and physical harassment to him with its non-cooperating, careless, rude and arrogant behaviour, he alleged.

Bansal, in the complaint, said the legal heirs of DD Jyoti, through letters, had asked the JIT about the present update upon the status of the plots, but officials of the JIT did not bother to reply.

A notice of the complaint was given to the JIT, whose official appeared through their counsel and filed a written reply that the person can only be proved legal heir only on the production of registered will or legal heir certificate from the DC concerned or the succession certificate or order of court or family settlement forming part of decree.

The JIT said the complainant had failed to produce either of the abovesaid documents, therefore, the complaint was false and frivolous and the same was liable to be dismissed.

Meanwhile, in the judgment, the president of the forum, Karnail Singh and member Jyotsna said the complainant is entitled for relief claimed and thus the JIT is directed to receive the balance amount and handover the physical, legal and vacant possession of the plots to the legal heirs of late DD Jyoti.

The forum further ordered that after allotment as well as delivery of the possession, the legal heirs will apply to the Improvement Trust for transfer of the plot and then the JIT will transfer both plots in the name of the legal heirs.

Further, the JIT is directed to pay compensation of Rs 27,000 for causing mental tension and for litigation expenses. Also, the entire compliance is to be made within one month, the forum said.