Park-facing plot holder gets relief from consumer forum

Deepkamal Kaur

Tribune News Service

Jalandhar, March 22

Even though the Jalandhar Improvement Trust (JIT) remains mired in several litigations against it over the issues of delayed possession of plots and flats under its various housing schemes, it has now been penalised by the District Consumer Disputes Redressal Forum for a much more serious violation.

The civic body authorities on their own changed the site earmarked for a park in the government-approved plan of the Surya Enclave Extension scheme and instead carved out three more plots there. An aggrieved allotee, Rajesh Kumar Vij, who had his 200 sq yard plot in front of this park, kept running around the officials concerned and finally approached the forum from where he has now got relief.

The forum has ordered that the JIT officials should either refund the amount that the complainant paid as allotment charges with 9 per cent rate of interest or allot him another plot on a new site. The forum has also ordered the JIT, through its Chairman, to pay the complainant an amount of Rs 15,000 as compensation and Rs 5,000 as litigation charges.

The matter came up before Karnail Singh, president, and Harvimal Dogra, member of the forum. Rajesh Kumar Vij, a resident of Mathura Nagar, said he had especially applied for the park-facing plot no.212-D, vide letter No. 834, dated June 6, 2012. The complainant got raised a loan of Rs 3.4 lakh from Punjab National Bank, Civil Lines, and had deposited the amount as earnest money within the stipulated period.

“The scheme became operational and as per the approved site plan, residential plots were carved out. Before deciding to change the layout plan, no objections were invited from the occupiers/allottees of the plots. Secondly, the area which was specifically reserved for setting up of a park in the original layout plan could not be utilised for any other purpose,” he contended.

“Now, three plots have been carved on the area meant for park even without getting any sanction and approval of the state government as required under the Punjab Improvement Act. By utilising the area reserved for the park for the purpose other than in the layout plan, there has been a violation,” the plaintiff wrote.

The complainant said he had also written a letter to the Government of Punjab, and the office of the Local Bodies Department, Government of Punjab, had also issued instructions to the JIT for the redress of his grievance, but to no avail.

The forum observed that the JIT had no right to carve out any plot in the land, which was meant for park and, hence, entitled him for relief.