FARIDKOT IMPROVEMENT TRUST Vs. PRITPAL SINGH

JUDGEMENT

(1.) The complainants who are the respondents in RP No.3449 of 2017, 2023 of 2017, 3471 of 2017 and 3808 of 2017, applied to the petitioner Faridkot Improvement Trust for allotment of residential plots in a scheme to be developed by the Trust. The applications were submitted pursuant to a Brochure issued by the Trust. Residential plots were allotted to them on the same date. The agreements in favour of the Trust were executed by two of them namely Naresh Kumar and Pritpal Singh. No agreement was executed by Gurjinder Singh. Clauses 9, 10, 14 & 29 of the brochure read as under:

(2.) The allotment letters issued to the complainants stipulated delivery of possession after the agreement. The allottee was made bound to raise construction within three years from the allotment. The allotment to Naresh Kumar, Gurjinder Singh and Pritpal Singh was made on 02.04.2014. Since the possession of the allotted plot was not offered to them, the complainants Gurjinder Singh and Naresh Kumar approached the concerned District Forum by way of separate Consumer Complaints, seeking refund of the amount which they had paid to the petitioner Trust alongwith appropriate compensation. The complainant Pritpal Singh however, sought delivery of possession of the allotted plot with compensation.

(3.) The complaints were resisted by the petitioner Trust, which admitted the allotment made to the complainants as well as the payment received from them. It was inter-alia stated in the written version filed by the Trust that they had already issued letter to the complainants asking them to take possession of the plot allotted to them. As regards the development work, it was stated in the written version of the Trust that the construction of roads and boundary walls was in progress and for laying underground sewerage pipes, permission was being sought from Punjab Water Supply and Sewerage Board, Moga.