The failure of a central government housing agency to give timely
possession of flats to applicants is going to cost it dear. The district
consumer forum in Punjab's Mohali town has ordered that 16 complainants
be paid compensation of RS 2.25 lakh each along with litigation costs.
The forum's order against the Central Government Employee Welfare
Housing Organization (CGEWHO) came after 16 applicants, all of them
central government officers and employees, complained that effective
possession of the Kendriya Vihar flats in Mohali was delayed by the
organization.
Counsel for the complainants Pankaj Chandgothia contended that the
CGEWHO floated a scheme for allotment of residential flats in December
2006. The allotment letter was issued in May 2007, and the project was
to be completed within 30 months.
Though the deadline ended in November, 2009, the flats have still not been completed.
Chandgothia contended that since possession had not been given, the
demand of final instalment from the complainants is illegal. He accused
the CGEWHO of compounding their deficiency in service by enhancing the
tentative price of the flats time and again.
The CGEWHO lawyer contended that the allottees had agreed to file the
litigation at Delhi only and that the CGEWHO was a no profit, no loss
organisation against which the consumer court could not pass any adverse
order.
Forum president Madhu P. Singh observed that since all activities
regarding the flats took place in Mohali, the forum had jurisdiction
over the matter. The forum further held that "a no profit no loss body
is not exempted from the purview of Consumer Protection Act".
It held the organisation guilty of deficiency in service saying that the
project is still not complete. It also ordered the organization to pay
Rs.22,000 as litigation costs to each complainant.
Source: http://www.business-standard.com
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