JIT penalised for delay in possession of flat

Our Correspondent

Jalandhar, December 3

The District Consumer Disputes Redressal Forum while hearing the case pertaining to a complaint filed by Geetika Grover, a resident of Urban Estate, Phase I, here, told the Jalandhar Improvement Trust (JIT) to pay the entire price of a flat — Rs 6,01,800 — with 12 per cent interest, along with Rs 55,000 as harassment and litigation expenses, for the delay in handing over the possession of the flat, which was supposed to be given in 2012.

In her complaint, Geetika said she was allotted a LIG flat No. 5-A, ground floor, under the 51.5-acre development scheme of the JIT in a lucky draw held at the Red Cross Bhawan here on August 16, 2009. She said later in the same year, she deposited Rs 6,01,800 as the total cost of the flat and completed all requisite formalities.

The complainant said as per the terms of the allotment letter, the JIT had to complete the construction in two-and-a-half years from the date of the allotment letter and thereafter, the possession was to be delivered in 2012. However, the JIT authorities failed to complete the construction, what to speak of the delivery of the possession, she rued.

Geetika said she had visited the office of the authorities concerned several times to know the status of her flat, but she was never provided any suitable reply.

She said she had written letters to the JIT to refund the earnest money. However, the JIT, she alleged, kept on adjourning the matter on one pretext or the other.

A notice of the complaint was given to the JIT by the forum. However, the JIT maintained that the complainant himself was at fault as she did not turn up to take the possession of the flat as per the terms and conditions of the allotment letter.

Meanwhile, president of the forum Karnail Singh and member Jyotsna in the judgment said: “We find that the JIT has miserably failed to bring the evidence, proving that the construction work of the flat has been completed and the same is fit for delivery.”

"Moreover, as per the allotment letter, the Trust was liable to complete the work within two-and-a-half-years and handover the possession to the allottee by 2012. However, it had not delivered the possession of the same to the complainant yet,” the forum said.

It further directed the JIT to return the earnest money of Rs 6, 01,800 to the complainant with an interest of 12 per cent per annum from the date of deposit, till realisation and pay Rs 55,000 for harassment and mental agony and litigation expenses to the complainant.