GURPRIT SINGH DHILLON vs CHIEF ADMINISTRATOR, PUDA

THE revision petitioner was the complainant before the District Forum. He was allotted plot No. 46, Sector 71, SAS Nagar, Mohali as per the scheme floated by PUDA, with the condition that if the allottee completes the required minimum construction on or before 30.6.1998, sewerage and water connections would be provided to him without any extension fee. It is the say of the complainant that after completion of all the formalities, he applied for the sewerage connection on 26.6.1998 but the same was not provided. It was also alleged that the electric pole which stood erected in front of the gate was also not removed. THErefore, he filed a complaint before the District Forum.

IT was contended on behalf of PUDA that work regarding water connection and sanitary fittings were not complete hence, sewerage connection was not provided. However during the pendency of the complaint provisional sewerage connection was given on 12.11.1998. He was asked to deposit Rs. 38,000 which stood adjusted towards the arrears payable by the complainant. During the pendency of the case itself, it was confirmed that the electric pole was removed and sewerage connection was also given on 3.11.2000. The District Forum held that, though the main ground of the complaint stood redressed, the delay in removal of electric pole deserves to be compensated. Accordingly, Rs. 2,000 was awarded as compensation with Rs. 500 as cost. Dissatisfied by the order of the District Forum Mr. Gurprit Sing Dhillon filed an appeal before the State Commission, Chandigarh. The State Commission after hearing the parties did not find any deficiency in service of PUDA as the complainant had not placed on record the completion certificate in Form ''D'' or the application for the same as per Rule 37 of PUDA Rules. Aggrieved by the order of the dismissal of his appeal by the State Commission, the complainant has filed this revision.

Rule 37 of the Punjab Urban Planning and Development Authority (Buildings) Rules, 1996 reads as follows : "Notice and certificate of completion of work-No connection to any public sewer shall be made nor any water borne sanitary installation and drainage work intended to be connected through the connection shall be brought into use, until the applicant, after completion of minimum works, has applied to the Competent Authority for a certificate, and a certificate has been issued by the Competent Authority in Form ''D'' after satisfying that the sanitary installations and drainage have been satisfactorily completed in compliance with these rules."

THERE is no proof that the complainant before filing of the complaint had completed his part of the work to secure sanitary connection to the main public sewer, which has been fortified by a responsible officer of PUDA through a sworn affidavit. Having heard the revision petitioner and the learned Counsel for the respondent and having perused the Rule 37 of PUDA Rules, we do not see any legal infirmity or material irregularity in the orders passed by the lower Fora warranting our intervention under Section 21(b) of Consumer Protection Act, 1986. Hence, this revision petition is dismissed. Revision Petition dismissed.