Consumer forum issues arrest warrant against JIT Chairman

Avneet Kaur

Jalandhar, September 21

The District Consumer Disputes Redressal Forum has issued a non-bailable warrant against the Chairman of the Jalandhar Improvement Trust (JIT) for non-compliance of its four-month-old orders related to a complaint filed by an allottee of Bibi Bhani Complex.

During the last hearing of the execution appeal, forum’s president Karnail Singh and member Harvimal Dogra ordered to issue an arrest warrant against the JIT Chairman.

The warrant was issued after the forum found that its orders of refunding an amount of Rs6.68 lakh to an allottee were not followed.

Meanwhile, on September 17 during the last hearing of the execution appeal, the counsel for the JIT appeared before the forum and presented justifications for the delay made in the payment.

The forum asked the JIT to make the payment by October 23. It said if the Trust failed to implement the orders, an arrest warrant would be executed with immediate effect.

In July 2016, Anjana Verma, a resident of Niwan Suraj Ganj, filed a complaint with the forum over Trust’s alleged failure to give the possession of LIG Flat No. 62-A, ground floor, in the 51.5 acre scheme at Guru Amar Das Nagar.

The plaintiff said she had got the flat in a lucky draw in August 2010 and had paid the entire amount of Rs6.68 lakh.

The complainant added that she was told that the JIT would give the possession of the flat after paying the last installment within 2.5 years from the date of the allotment. She said the last date should have been May 2016.

She had alleged that the JIT did not give the flat’s possession despite several requests.

According to the complainant, she had sought the refund of the amount deposited by her along with interest, compensation and litigation expenses.

The JIT had replied that the construction of the flat was delayed because the contractor left the work midway and the matter was sub judice.

It said fresh tenders had floated and the work was nearing completion and thus, there had been no negligence on the part of the Trust.

It also added that the JIT did not adopt any unfair trade practice.

Anjana said, “I made all payments as per the schedule set by the JIT. I paid the last payment of Rs90,270 on January 28, 2014 of through a demand draft in favour of the Chairman, Improvement Trust, which was duly encashed. After the payment, I approached the Trust a number of times to get the flat’s possession, but to no avail.”

“I took a loan to pay the amount to the Trust. I have still to pay all installments and interest. More than six years have passed, the project is still incomplete. I have not got the possession. The material used to construct the flat is substandard. I don’t think so that the project will complete in the next five years,” she added.

In his judgment, forum president Karnail Singh had stated that “the JIT has been enjoying fruits of Rs6, 68, 688 since 2014 and nothing has been paid to the complainant in the form of interest. In a result, we allow the present complaint with cost and the JIT is directed to refund the amount of Rs6, 68, 688 to the complainant with an interest of 12 per cent per annum from the date of receipt till the payment is made to the complainant”.

The forum had also directed the JIT to pay the cost of Rs30,000 for “mental torture and harassment” to the complainant, besides litigation expenses to the tune of Rs5,000.

The issue

• The warrant was issued after the forum found that its orders of refunding an amount of Rs 6.68 lakh to an allottee were not followed.  
• Meanwhile, on September 17 during the last hearing of the execution appeal, the counsel for the JIT appeared before the forum and presented justifications for the delay made in the payment. 
• The forum asked the JIT to make the payment by October 23. It said if the Trust failed to implement the orders, an arrest warrant would be executed with immediate effect. 
• In July 2016, Anjana Verma, a resident of Niwan Suraj Ganj, filed a complaint with the forum over Trust's alleged failure to give  possession of LIG Flat No. 62-A, ground floor, in the 51.5 acre scheme at Guru Amar Das Nagar. 

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