Improvement Trust to pay Rs 6.23L to resident

Ajay Joshi

Tribune News Service

Jalandhar, December 4

The District Consumer Disputes Redressal Commission in its recent judgment directed the Jalandhar Improvement Trust (JIT) to pay Rs 5,87,942 to a resident for not providing LIG flat under the Bibi Bhani Complex Scheme.

JIT was further directed to pay a compensation of Rs 30,000 for causing mental agony and harassment to the complainant, litigation expenses of Rs 5,000.

After filing a complaint, at the commission in May 2019, Sandeep Bhagat, a resident of the Modal House, alleged that in 2009, JIT, had published an advertisement to provide shelter to the public with ulterior-modern facilities with quality and standard of construction and accordingly, attracted and allured the general public to apply LIG flat in the scheme of Bibi Bhani Complex. Following which, he was allotted LIG Flat No.55-A, First Floor, Vikas Scheme 51.5 acre, Bibi Bhani Complex, Guru Amar Dass Nagar, Jalandhar, on August 16, 2009, in a lucky draw at Red Cross Bhawan, Jalandhar. The information regarding the allotment of LIG Flat was also given through an official letter.

Bhagat had deposited all requisite papers for the registration of the application with the necessary fee and other formalities were completed within the stipulated period. He paid the whole purchase price of flat; Rs 5,87,942 to JIT. However, he failed to get the possession of the flat even after protracted follow-up and lapse of more than eight years from the date of allotment.

Subsequently, due to the delay, Bhagat filed a complaint against JIT under the provision of the Consumer Protection Act, 1986, at the commission and demanded compensation. To this, the JIT contested the complaint by taking preliminary objections that the present complaint is hopelessly time barred under the provision of the Limitation Act and hence, liable to be dismissed on this score only. Consequently, after hearing arguments of both the parties, commission president Harveen Bharadwaj and members Jyotsna and Jaswant Singh Dhillon concluded that the JIT failed to handover the possession even after 10 years of allotment and after eight and a half years of depositing the entire price money of the flat. Though JIT offered the flat to the complainant, but it was not fully constructed with all amenities and ultra-modern facilities.

Subsequently, JIT was directed to refund the price of the flat, Rs 5,87,942, along with interest rate of 6% per annum from the date of deposits, till realisation, compensation of Rs 30,000 for causing mental agony and harassment and litigation expenses of Rs 5,000. The entire compliance should be made within 45 days from the date of receipt of the copy of order.