JIT told to refund Rs 1 cr to allottee

Tribune News Service

Avneet Kaur

Jalandhar, October 7

In a major setback for the Jalandhar Improvement Trust (JIT), the National Consumer Disputes Redressal Commission ruled in favour of Depesh Kumar, a resident of the city, regarding a 500 sq yard plot in Surya Enclave Extension.

The commission has ordered the JIT to refund the principal amount of Rs 1,00,00,369, along with 9 per cent interest per annum from the date of deposit till realisation, to the complainant.

Depesh purchased a plot (62-C) as part of the JIT’s residential development scheme on 94.97 acres. The JIT had offered approximately 431 plots, ranging from 100 square yards to 500 square yards, to the public at a reserve price of Rs 17,000 per square yard.

Though the complainant made complete payment in March 2015, the JIT failed to deliver the plot.

In 2016, Depesh came to know that farmers had filed a writ petition against the Trust in the Punjab and Haryana High Court concerning the disputed land of Surya Enclave Extension. With no progress, he reached out to the JIT again, but failed to get any response. In 2019, he filed a complaint with the National Commission.

After receiving the complaint, the Commission served a notice to the Jalandhar Improvement Trust, which failed to provide a timely response, resulting in the rejection of its reply.

In its judgment, the Commission recognised that Depesh had fulfilled all terms and conditions of the allotment letter, while the JIT failed to handover the possession within the agreed timeframe. Consequently, Depesh was entitled to seeking a refund of his earnest money along with 9 per cent interest per annum, as per the provisions of the Punjab Apartment and Property Regulation Rules, 1995.

Back-to-back setbacks

Prior to this ruling, the Trust faced defeat in five cases filed with the District Consumer Disputes Redressal Commission by allottees of Master Gurbanta Singh Enclave and Surya Enclave Extension. The commission had ordered the Trust to pay Rs 1.26 crore to the affected allottees, covering the principal amount, interest, compensation and legal expenses.

Further, the allottees of Surya Enclave Extension recently staged a protest in the city and met Minister Balkar Singh, demanding the development of the scheme and the possession of their plots with all promised basic amenities.

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