SC dismisses SLP filed by JIT in Archit Gupta case

Avneet Kaur

Jalandhar, December 7

The Jalandhar Improvement Trust (JIT), which is already reeling under debts and losing cases one after another filed by allottees in the district, state and national consumer forums due to its failed housing schemes, has suffered another jolt after the Supreme Court (SC) dismissed the special leave petition (SLP) filed by the JIT against the orders of the National Consumer Disputes Redressal Commission in the Archit Gupta case. He was allotted 250-sq yd plot in the Surya Enclave Extension but never given possession.

Besides, three more judgments (two in the State Consumer Disputes Redressal Commission filed by allottees of the Surya Enclave Extension and one in the District Consumer Disputes Redressal Forum filed by an allottee of Master Gurbanta Singh Enclave) against the JIT have come up in which the state and the district forums have directed the JIT to refund the principal amount to allottees with interest and compensation within 60 days.

In Archit Gupta’s case, he booked a 250-sq yard plot in the 94.97-acre Surya Enclave Extension Scheme, launched in 2011. He paid Rs 48,99,075 in instalments to the JIT for the plot. He paid his last installment of Rs 6,69,375 in June 2014 and was supposed to get the possession in the same year. However, despite paying the complete amount and making several requests, he hasn’t received the possession till date, he said.

He said he filed the case against the JIT at the state commission in April 2015 and in March 2017, the commission in its judgement ordered the JIT to refund the principal amount of Rs 48.9 lakh with 9 per cent interest and pay Rs 4 lakh as compensation and Rs 20,000 as litigation expenses to him.

However, the JIT then challenged the judgment of the state commission in the national commission, while the latter dismissed the appeal of the JIT and directed the JIT Chairman to follow the orders of the state commission. But, the JIT even failed to follow the orders of the national commission for which bailable warrant of the JIT Executive Officer was issued recently.

“In pretext to delay the matter and seek time for arranging payment, the JIT has been approaching the national forum and the Supreme Court”, said Archit Gupta, adding 

that he was now happy that the JIT’s appeal has been dismissed by the SC and that the JIT was liable to pay him around Rs 1 crore (principal amount and interest) by January 21.

Three more judgments against JIT

Two allottees of the Surya Enclave Extension, Sham Lal and Ratesh Khilan, and another allottee, Mahavir Prasad of Master Gurbanta Singh Enclave, Indrapuram,  won cases against the JIT. The judgment orders of which were received today. While, Sham and Ratesh filed their complaints at the state commission, Mahavir filed his complaint at the district forum.

In all three cases, the state and district forums, accepting the plea of the complainants, have ordered the JIT to handover the possession of their plot or flat with 12 per cent interest or refund their principal amount with interest and compensation within 60 days.