The District Consumer Disputes Redressal Commission in Jalandhar has mandated the Jalandhar Improvement Trust (JIT) to proceed with the registration of a sale deed for a plot located in Surya Enclave. The commission’s order specifies that the plot owners cannot be made to bear the consequences of any alleged irregularities that may have occurred during the original allotment of the property. In addition to compelling the registration, the commission has also ordered the trust to provide compensation to the complainants, amounting to Rs 30,000 for mental harassment and Rs 10,000 to cover litigation expenses.
Information was available with The Chenab Times indicating that the dispute originated from a 356-square yard plot within Surya Enclave. This plot was initially allocated in 2011 under the Local Displaced Persons (LDP) category. The property later underwent a transfer in 2012 to a different allottee, from whom the present complainants, identified as Mandeep Singh and Harjinder Kaur, acquired the plot. Crucially, the Jalandhar Improvement Trust had subsequently accepted the requisite transfer fees and officially transferred the plot into the couple’s names, signifying an apparent transfer of ownership and rights.
Following the official transfer and acceptance of payments by the JIT, the couple proceeded with obtaining the necessary approvals for their building plan and subsequently constructed a residential house on the plot. However, their efforts to secure a completion certificate and finalize the registration of the sale deed were met with a halt by the trust. The Jalandhar Improvement Trust cited that a significant number of plots originally allotted under the LDP category were under review and subject to investigation, following a forensic audit. Despite persistent efforts by the couple to engage with the trust and other relevant authorities, they were unable to achieve the execution of the sale deed, leading them to seek redressal through the consumer commission.
The Jalandhar Improvement Trust, in its defense, contended that the original allotment of the plot was a matter under government scrutiny. The trust argued that it was legally constrained from proceeding with the sale deed registration until a definitive decision was reached regarding the initial allotment. This stance highlighted the trust’s position of awaiting a resolution to the departmental inquiry before fulfilling its obligations concerning the plot sale.
However, the District Consumer Disputes Redressal Commission outrightly rejected the trust’s argument. The commission emphasized that the complainants were bona fide purchasers of the property. It noted the absence of any allegations of fraud or misrepresentation leveled against Mandeep Singh and Harjinder Kaur. The commission further pointed to the fact that the trust itself had previously sanctioned the transfer of the plot into the complainants’ names, accepted all due payments, and had implicitly permitted the construction of a house on the land, suggesting a prior acknowledgment of their rightful ownership.
The commission’s ruling underscored that any irregularities, should they indeed exist, were attributable to the Jalandhar Improvement Trust or its officials. The judicial body concluded that the complainants should not be penalized or have their legal rights denied due to an ongoing departmental inquiry or administrative scrutiny within the trust. The commission also observed a critical lack of evidence from the trust, noting that the trust had failed to present any court order or specific legal directive that would legally restrain the execution of the sale deed for the disputed plot. This lack of legal impediment was a significant factor in the commission’s decision to order the JIT to proceed with the registration.
The Chenab Times News Desk