Improvement Trust to pay Rs 7.62 lakh after failing to allocate flat

  • Harvinder Kaur, Jalandhar
  • Updated: Nov 27, 2015 22:50 IST
The complainant under the Consumer Protection Act claimed that he had booked a flat under a scheme held by the trust. (HT Photo )

Already struggling to arrange amount to pay its biannual instalment, the Jalandhar Improvement Trust will now pay compensation of around Rs 7.62 lakh in failing to allocate flat on time. The district consumer disputes redressal forum passed this order on November 23, asking the trust to pay the compensation amount to the complainant.

Baldev Singh, resident of Ladowali road, approached the district consumer disputes forum with the complaint that the Jalandhar Improvement Trust did not allot him a flat that was earlier promised to him, though he had made all payments on time.

He claimed he visited the trust office on many occasions but to no avail. He said since the flat was not allotted on time, he claimed compensation and litigation expenses.

The complainant under the Consumer Protection Act claimed that he had booked a flat under a scheme held by the trust. As per draw, he was allotted flat no 405-A, 3rd floor, HIG Super Development Scheme known as BR Ambedkar towers at Dana Mandi Road.

The complainant argued that as per the allotment letter which was given to him by the Improvement Trust, the flat was to be delivered before June 2009, but was handed over to him in October 2014. Hence, there is 63 months delay in handling over the possession of the flat to the complainant.

The complainant then approached the Improvement Trust and asked it to pay the compensation on account of late delivery of possession and the mental harassment and agony to the tune of around `19.5 lakh.

The Improvement Trust in its defence filed a written reply in which it asserted the complainant had applied for the possession of aforesaid flat on October 21, 2014 and after completing all the legal formalities, the flat was duly handed over to them on November 25, 2014.

The trust further claimed that at the time of handing over the flat, Baldev Singh duly acknowledged the possession of the flat. The complainant also claimed that though he had applied for simple HIG flat, he was handed over Super HIG Super flat.

After hearing the claims of both the sides, the consumer court found the Improvement Trust guilty for not handing the possession within the stipulated time and in spite of various opportunities, not filing any written argument or presented any documentary evidence against the claim.

The district consumer forum ruled out in favour of the complainant and directed the Improvement Trust to pay the compensation of Rs s7.62 lakh within 45 days of the orders.

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