Panel admonishes LIT for non-compliance

Kuldip Bhatia

Ludhiana, June 25

Non-compliance of the orders given by the Punjab State Consumer Disputes Redressal Commission (PSCDRC) in favour of a city resident, Sham Singh, has landed the Ludhiana Improvement Trust (LIT) in trouble once again. The Commission has directed the respondent (LIT) to comply with the orders within 15 days failing which the Chairman and the Executive Officer would have to be personally present before the Commission on the next date of hearing on July 7.

Passing orders on a revision petition (7/2020), the Commission had issued orders to the LIT authorities to deliver possession of a plot to the petitioner, Sham Singh Harikay, at the rate prevailing in 2006.

The petitioner, having failed to get the title deed of the plot (no. 66-F measuring 307 square yards in Maharishi Valmiki Nagar scheme) registered, after having paid all dues, getting ‘no dues certificate’ and the ‘no objection certificate’ (NOC), had filed a contempt petition before the the Court of Presiding Officer of the District Consumers Disputes Redressal Forum.

The petitioner had pleaded before the Forum that action be taken against the LIT authorities under Section 27 of the Consumer Protection Act for non-compliance of the order dated May 20, 2015, made by the NCDRC.

At the hearing on the petition on June 23, Justice Paramjeet Singh Dhaliwal, president of the Commission, rejected the plea by the counsel for respondent for an adjournment and disagreed with the contention that the orders could not be complied with due to the lockdown on account of Covid-19.

Taking serious note of the non-compliance of orders made during the last hearing, the Commission noted: “On February 28, 2020, the learned counsel for the respondent appeared. It was specifically directed to comply with the order, in letter and in spirit before the adjourned date i.e. March 26, 2020, failing which the Chairman/Executive Officer should be present. Still, there is no compliance. The complainant/petitioner is 80 years of age as submitted by the counsel for the petitioner. The matter has been lingering since 2009.”

The President of the PSCDRC further observed that so far as the contention of the learned counsel for the respondent was concerned, the lockdown could not be taken as a protection for non-compliance of the order. An opportunity was given on Feb 28 whereas the lockdown started in Punjab on March 22.

Parting with the orders, the Commission ruled: “In the interest of justice, 15 days’ time is granted to the respondent to comply with the order, failing which the Chairman and the Executive Officer (of LIT) are directed to be present on the date fixed for next hearing on July 7.”

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