IMPROVEMENT TRUST BATHINDA Vs. KARORI MAL MITTAL

JUDGEMENT

(1.) This Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 challenges the order dated 7.4.2016 passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (State Commission) in First Appeal No. 1459 of 2013 by the petitioner/opposite party/the Trust.

(2.) Facts as per respondent are as follows. The respondent/complainant was allotted a plot measuring 374 sq. yards in Maharaja Captain Amrinder Singh Transport Nagar vide allotment letter No. 431 dated 28.2.2006 by the petitioner. All the instalments were paid. The last instalment was paid on 4.8.2008 and the sale deed was registered in favour of the respondent on 30.8.2010. The respondent's application for loan to construct his house was declined by PNB, Bathinda on the ground that construction could not be started due to want of basic amenities such as sewerage system, water supply, street lights etc. which was to be provided by the petitioner/opposite party. The respondent approached the petitioner with the request to complete the civic amenities many times. When he vide letter dated 29.9.2012 asked for a copy of completion certificate, he was instead served with a demand for Rs. 56,100 from the respondent, this being non-construction fee i.e. fee that was to be paid because of failure to construct the house. The respondent again sent a detailed letter dated 12.12.2012 with the request to withdraw the illegal demand of Rs. 56,100 and supply the term and conditions for sanction of site plan; however, the Trust did not concede, insisting instead on non-construction fee. Aggrieved, he filed a consumer complaint before the District Forum.

(3.) The petitioner/opposite party, in reply before the District Forum, submitted that the basic amenities had been duly provided by June, 2010 and further informed that in fact, there was no specific date fixed in any agreement or record for providing these facilities. Vide letter No. 3632 dated 16.12.2009, the respondent was given demarcation of his plot No. 76 and the same was duly confirmed by him. The Trust had demanded Rs. 56,100 as non-construction fee vide letter dated 18.10.2012. Besides, according to the petitioner/opposite party, the complaint was hopelessly time barred, since the original allotment was made on 28.2.2006, and the complaint was filed many years later in 2013. Plea of non-maintainability was also taken, citing Sections 97 and 101 of the Punjab Town Improvement Act 1922. It was therefore, prayed by the Trust that the complaint may kindly be dismissed with cost of Rs. 25,000.