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Improvement Trust told to refund Rs 4.46 lakh, pay Rs 1 lakh compensation to complainant; Here's why
Amritsar, June 28, 2022: The District Consumer Disputes Redressal Commission, Amritsar has directed Jalandhar Improvement Trust (JIT) to refund Rs Rs. 4,46,500 along with the compensation of Rs 1 lakh to an Amritsar-based complainant for having failed to provide the facilities as promised under a housing scheme.
JIT has further been asked to pay litigation expenses of Rs. 10000 to the complainant.
Pooja Maini of Tandon Nagar, Amritsar moved consumer forum against Improvement on August 2020 complaining that although she paid the complete amount of 4,46,500 to the Trust, the latter failed to provide all the facilities like water, electricity, sewerage, LPG gas pipelines in the flats, roads towards flats, parks and other facilities.
Due to the unavailability of basic amenities even after repeated complaints, the complainant was not able to move into her flat.
As per the complainant, Jalandhar Improvement Trust had floated a scheme for the allotment of flats to the weaker section of the society in Master Gurbanta Singh Enclave under Indra Puram Scheme Jalandhar Improvement Trust, Jalandhar.
Pooja Maini through her counsel told the forum that she deposited all the requisite papers for the registration of the application with the necessary fee and other formalities were completed within the stipulated period.
In her complaint, she mentioned that she paid Rs. 3,73,000 for the flat on the ground floor and under the pretext for the development of roads, sewerage, parks and other facilities, JIT has also charged Rs. 73500 which was duly paid by her.
"The opposite party at the time of allotment assured that the trust will provide all the facilities like water, electricity, sewerage, LPG gas pipe lines in the flats, roads towards flats, parks and other facilities to the complainant in the above noted flat and the opposite party also taken the amount from the complainant for the abovesaid facilities. Even all the allottees including the complainant several times visited the office of the opposite party and requested them to provide the facilities," stated the counsel of the complainant.
The complainant further noted that while the allottees were promised a 40 feet wide road, but dwellers were provided with 11 feet wide approaching road.
Jalandhar Improvement Trust in its defense told the forum that facilities are complete and the complainant is now filing a false and frivolous complaint.
"The present complaint has been filed with frivolous, false and vexatious knowledge of the complainant and material facts have been suppressed as such complainant has not come to the Forum with clean hands, therefore, is liable to be dismissed," stated Jalandhar Improvement Trust through his counsel.
Consumer Forum Observation:
The fact of non-completion of the flat also stands proved by the letter of the opposite party dated 18.3.2015 to the complainant in which the opposite party demanded some additional demand of Rs.36,119/- for the completion of flat. So the plea of the opposite party that facilities are complete in all respect proved to be wrong.
Once the complainant has deposited the entire amount as per the terms and conditions of the opposite party, the opposite party is duty-bound to deliver the possession of the flat by completing all the amenities as were promised at the time of taking the applications for the said flat.
The complainant has deposited the entire amount and the last installment was paid on 30.4.2010 of Rs. 15500/ and from that date the complainant has been requesting the opposite party to complete all the basic amenities as due to lack of facilities the complainant could not be shifted in the flats. But the opposite party did not pay any heed to the requests of the complainant. Now the complainant has sought relief for a refund of the entire amount which the opposite party is liable to pay.