The Fact News Service
Amritsar, April 18
Ruling in favor of a senior citizen based in the city’s Ajit Nagar, Improvement Trust, the District Consumer Dispute Redressal Forum, Amritsar has ordered Amritsar Improvement Trust to refund the amount and pay compensation for deficiency in services in the area development scheme.
The Commission has ordered Amritsar Improvement Trust to refund the deposited amount of Rs 15,89,250 along with interest @ 8% p.a. from the date when the last installment was paid by the complainant i.e. from 20.11.2014 till its realization.
The trust has also been directed to pay compensation to the tune of Rs. 75000 along with the litigation expense of Rs. 10000 to the complainant.
The Case
The complainant moved consumer court Amritsar Improvement Trust alleging that the latter has failed to provide basic amenities in the development area even after many years due to which he could not construct a house over the plot that was allotted to him under the scheme.
In his complaint, Harjinder Singh shared that he purchased a plot measuring 250 sq. yards under the scheme floated by the trust for the allotments of plots in 340 acres Area Development Scheme, G.T. Road, Amritsar.
After paying earnest money amounting to Rs 50,000 on October 21, 2014, he paid the part payment of Rs. 15,89,250 to the opposite party in several installments.
“At the time of briefing the allotment, the official of the opposite party assured the complainant that the Trust would provide all the basic facilities like water, electricity, sewerage, pucca road, and LPG gas pipelines in the said residential area where the plot was CC. 599 of 2023 3 allotted to the complainant but to date no such facilities have been provided by the opposite party to the allottee of the plots. Even all the allottees including the complainant several times visited the opposite party and requested them to provide the facilities assured by the opposite party at the time of allotment. Due to the lack of facilities, the usage of the above-noted plots became useless, and accordingly, the complainant could not construct and shift in the colony due to the non-availability of basic amenities. On account of the non-availability of basic amenities and other developments, the plots in the said area are lying vacant. No sewerage treatment plant has been installed which is a primary condition of the Punjab Pollution Control Board for any residential colony to start the sale of plots. Even clearance from the Punjab Pollution Control Board was not sought. The opposite party has failed to obtain the completion and occupancy certificate from the concerned authority to date. Even if the part-work that is completed is of substandard quality and poor work by the opposite party. Despite the project of the opposite party being incomplete, due to this, the complainant is not in a position to construct a house over the plot in question. The complainant has requested the opposite party several times for demarcation of the plot CC. 599 of 2023 4 and possession of the plot but the opposite party always used to put off the matter on one pretext or the other. The complainant cannot be made to wait for an indefinite period for the delivery of possession despite making part payment towards the price of the plot. This act of the opposite party amounts to a deficiency in service as well as unfair trade practice,” the counsel of the complainant told the consumer forum.
The complainant’s counsel further stated that Harjinder Singh fell sick due to a paralytic attack and a huge amount was spent on his treatment after improvement in his health condition, the complainant immediately approached the opposite party for waiving of the penal interest reportedly illegally imposed by the Improvement Trust.
Singh alleged that the Improvement Trust y befooled the allottees by giving wrong and misleading information about a one-time settlement for the consumer by displaying it in different places in the city on a display board to allure the voters which never depicted penal interest, penalties, etc. will be charged on the amount deposited.
Forum Observation’s
The opposite party (Amritsar Improvement Trust) had failed to complete the basic amenities in the scheme. Therefore, now the complainant cannot wait for an indefinite period to get possession of the plot with all basic facilities which to date have not been completed. So the complainant sought a refund of the amount deposited with the opposite party along with interest.
Since neither development /basic amenities have been completed nor the opposite party has placed on record any completion certificate to disprove the averments of the complainant that the development has not been done in the area where the complainant was allotted the disputed plot. As such it stands proved on record that the area where the plot of the complainant is situated is not fit for habitation by the public and the act of the opposite party in levying a penalty without fulfilling their assurance of providing basic amenities, amounts to a deficiency in service
