ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 13.03.2023 Date of Reserve : 02.04.2025 Date of Decision : 28.04.2025 Saroj Kumari ageda bout 50 years wife of Sh.Rajinder Kumar S/o Sh.Gurdass, resident of Nafri Colony, Kulam Road, Nawanshahar.

…..Appellant/Complainant Versus Jalandhar Improvement Trust, Model Town Road, Jalandhar, through its Executive Officer.

….Respondent/Opposite party First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 15.12.2022 of the District Consumer Disputes Redressal Commission, Jalandhar.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Ms.Simarjot Kaur, Member Present:-

For the appellant : Sh.Sanjeev Goyal, Advocate For the respondent : Ms.Kavita Arora, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/complainant –Saroj Kumar against the order dated 15.12.2022 passed by the District Consumer Disputes Redressal Commission, Jalandhar whereby the complaint filed by the appellant/complainant was partly allowed by passing the following order:

“10. In view of the above detailed discussion, the complaint of the complainant is partly allowed. From the documents produced on record by both the parties, it is evident that partial possession was handed over to the complainant without the development work and amenities as per the conditions laid down in allotment letter. Therefore, the OP is directed to complete the development work and provide all the amenities and facilities in the flat of the complainant as per the allotment letter and brochure of the present scheme within three months. The OP is further directed to complete the procedure of completion of all the legal documents, failing which OP is directed to return the entire deposited amount of Rs.6,26,422/- along with interest @9% per annum from the date of making deposits till its realization. Further, OP is directed to pay a compensation to the complainant for mental agony and harassment caused to the complainant to the tune of Rs.30,000/- and litigation expenses of Rs.5000/-.”

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Brief facts of the case are that a LIG Flat No.52-A, Ground Floor of Jalandhar Improvement Trust under the scheme known as Bibi Bhani Complex, Guru Amar Dass Nagar was originally allotted in the name of Varinder Kaur wife of Balwinder Singh, vide allotment Letter No.JIT/7854 dated 28.01.2010. The said flat was later sold out to the complainant and the same was transferred in her name in the record of the opposite party. The complainant before the allotment of the plot, paid the earnest money of Rs.60,000/-. As per clause 15 of the allotment letter, the allottee was to deposit subsequent installments. After payment of all the installments, the complainant approached the concerned officials of the opposite party for completion of the paper formalities as per the terms and conditions of the allotment letter. The opposite party was to hand over the possession of the flat within a period of 2½ years but the same was not delivered within the prescribed time despite repeated requests since July, 2012. It was only in month of May, 2017, the opposite party commenced to write offer letters for delivery of possession to the flat owners and some of the allottees including complainant were called by the officials of the opposite party and symbolic possession was given in papers. Thereafter, the complainant was called at the spot for delivering the physical possession. On visiting, the allottees found that works of wooden door, window, paints etc. were being done and there was no explanation from the concerned officials of the opposite party for the sub-standard material used in construction. The construction material and fittings were not according to ISI/PWD standards and the flats were not fit for