| DCF directs JDA to take plot back, pay Rs 23 lac along with 18% interest | | | Early Times Report
JAMMU, Oct 11: In a of far reaching consequences, for the first time, due to the inability of the Jammu Development Authority to develop a proposed colony, the Birpur Housing Colony for the last more than ten years, District Consumer Forum headed by Mr. Pawan Dev Kotwal, President and Miss Neelam Bala Bhardwaj, member have directed JDA to take back its plot from the petitioner Rishab Dev Singh and pay him the cost of the plot, Rs. Twenty three lacs, eighty one thousand along with an interest of 18% P.A from the date it received the money. This significant judgment came to be passed as the petitioner filed a consumer complaint on the ground that JDA which had allotted a plot in Birpur Housing Colony to the petitioner in the year 2014 for a period of 40 years, failed to provide lanes, electricity, water, drainage system, parks and other amenities as promised, for one fourth period of the lease deed and because of which the petitioner could not construct his house and the plot was also on Gair Mumkin Khad and he could not transfer it to any third person as well, which all constituted deficient services even to a potential user, as provided under Consumer Protection Act. The petitioner was represented by Rameshwar Singh Jamwal, Advocate, who argued that even the failure to provide services in a plotted colony by a Government owned authority was covered under the Act and Government agencies were equally liable for such deficient services, just like private developers. In the present case, one Minister and several senior officials had visited the site several times and despite promises, JDA failed to provide the services for this long period of more than ten years and was liable to pay the same rate of interest of 18% which it was charging for delayed payment of lease amount by the alottees.The Consumer Forum has cited several judgments of Hon'ble Supreme Court and several High Courts in pronouncing the significant judgment. —JNF |
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