Fulfil promises made to allottees, JIT told

Avneet Kaur

Jalandhar, December 24

The District Consumer Disputes Redressal Commission (DCDRC), while addressing three complaints of allottees of the Bibi Bhani Complex and Indra Puram (Master Gurbanta Singh Enclave), ordered the trust to refund the principal amount paid by them with interest and compensation, which amounts to nearly

Rs 32.5 lakh.

In their complaints, Sonia Sharma and Saroj Kumar had stated that they had paid Rs 5.54 lakh and Rs 6.26 lakh, respectively, to the JIT in 2010 for the flats allotted to them at the Bibi Bhani Complex. They said that, as per the terms and conditions of the allotment letter, the JIT was supposed to hand over the possession of the flat in 2012. However, the JIT allegedly did not do so.

They said that they had earlier sought possession of their flats. However, when they later found that the quality of the flats was not up to the mark, they had a change of mind. They alleged that none of the facilities and amenities — such as street lights, power supply, among others — which had been guaranteed at the time of the allotment.

“The JIT on May 18, 2017 issued a notification, asking allottees to take possession of their flats by May 25, 2017. However, to our surprise, it was also mentioned in the notification that if the allottees failed to take possession of their flats by then, they would consider that possession had been given, which was unfair and illegal,” one of the complainants rued.

They said that even after a decade today, there is no provision of electricity, streetlights and water and connection to the sewerage.

Similarly, Balwinder Singh, said he had paid Rs 3.8 lakh to the JIT in 2006 for the flat allotted to him at the Master Gurbanta Singh Enclave, Indra Puram. He said he was given the possession of his flat on papers in 2009 but without any basic facilities like power supply. He said he had made repeated requests to the authorities concerned to develop the complex as promised in the brochure of the scheme, however, nothing happened. It prompted him file a case against the trust at the consumer forum.

The notice of the complaints in all three cases were sent to the JIT by the Commission. However, the counsel of the JIT maintained that the complainants were at fault as they had failed to fulfil some conditions of the allotment letter. Therefore, the complaints were liable to be dismissed.

However, after all the facts were verified, the president of the commission — in its judgment — ordered the JIT to either complete the development work at the site and to provide all basic amenities within three months, or to refund their principal amount with 9 per cent interest from date of deposit till realisation with Rs 35,000 as compensation to each complainant.

Yet another loss

On Friday also three allottees of Bibi Bhani Complex and Surya Enclave Extension won cases against JIT after it failed to hand over the possession of their flats and a plot on time. In all three cases, the district consumer disputes redressal commission, had ordered JIT to either handover the possession with promised amenities within three months or refund their principal amount along with 9 per cent interest and compensation, which amounts Rs 1.64 crore.