Bibi Bhani case: State forum dismisses JIT appeals

Our Correspondent

Jalandhar, January 8

The State Consumer Disputes Redressal Commission has dismissed four appeals filed by the Jalandhar Improvement Trust (JIT) against orders of the District Consumer Disputes Redressal Forum in cases involving Amita Patel, Arun Kumar Sharma, Mahindera Devi and Surinder Kumar Marwaha. They were allotted LIG flats at Bibi Bhani Complex but were never given possession.

It is for the first time that the state commission, before hearing appeals by the JIT, has asked the Trust to comply with orders of the by district forum. It has asked the JIT to submit principal amount with interest as well as compensation to all four persons.

In its judgment, the state commission said appellants had deposited a sum of Rs25,000 at the time of filing the appeals in each case. It also deposited principal (Rs53 lakh) along with interest, paid by allottees for their respective flats. “The allottees may approach the district forum for release of the above amount and the district forum may pass appropriate order in this regard in accordance with the law,” the judgment reads.

Meanwhile, the four allottees, Mahindra Devi, Surinder Kumar Marwaha, Amita Patel and Arun Kumar, said the JIT allotted 51.5 acres for development of the Bibi Bhani Complex, promising two-storeyed apartments equipped with all basic facilities and good-quality infrastructure. It then asked for complete payment in one go or in installments and promised handing over of possessions by 2012.

They said total amount that the JIT had to pay to them was nearly Rs53 lakh with interest. In Mahindra Devi case, the principal amount paid by her was Rs6.24 lakh, Surinder Kumar Marwaha paid Rs5.87 lakh, Amita Patel paid Rs7.4 lakh and Arun Kumar paid Rs6.26 lakh. All of them did not get possession of flats and were forced to approach the consumer forum, they said.

The district forum, in its judgment in July, 2019, penalised the JIT and ordered refund of the principal amount with interest to the complainants. However in September, the JIT challenged the orders of the district forum and filed an appeal in the state commission.

The state commission said: “The JIT has miserably failed to submit enough evidence to prove that construction work of flats has been completed and these are fit for delivery. Moreover, as per the allotment letter, the Trust is liable to complete the construction work within two-and-a-half-years and thereafter, hand over the possession to allottees in 2012, but it has failed to deliver the possession till date,” the state commission said.