1. This complaint is brought under section 25 of the Punjab Consumer Protection Act 2005 against the respondent. It is submitted in the complaint that applicant is the alloty of the plot No.87-G being the member of the respondent society. Complainant No.2 is residing with his real mother in the house No.82-G Model Town, Ugoki, Sialkot. Both the complainant are located in Block-G, which are totally meant for residential purpose, as per site plan of the respondent society. It is further averred in the complaint that as per rules of the society, society is bound to follow its sacred duty to regulate its members and provide them basic necessities of life including drainage roads, sewerage and to insure from the members to follow the conditions while executing the agreement for sale with the society. Respondent got allotted residential houses but they violated the terms and conditions of the agreement for sale. They are using the residential plots as a commercial. The uses of the commercial plots by the respondent are creating hardship to the vicinities person. A respondent invites to the public, plays loud tunes and further aggrandize the problem of the vicinity person. It is request to the court that respondent be realized to follow the terms and conditions stipulated in the agreement form. Services of the respondent are defective and failed to follow its sin-qua-non requisites for which he is legally bound.
2. After admission of this complaint, respondent was summoned through the notices talbana form, postal register envelop etc. Respondent received the notice in his office and for its acknowledgment signed it and affixed seal on it. After accepting of this notice respondent did not turned up into the court, hence he was proceeded ex-part. The ex-part evidence of the complainant was called on 27-10-2009. In compliance of the order of this court Mrs. Sarwar Naseem appeared as Aw1, Tahir Sakah-Ul- Din as AW2. None put up his appearance on behalf of the respondent for the cross-examination over the statement of the AWs.
3. Ex-part arguments heard.
4. Record perused.
5. Mrs. Sarwar Naseem alloty of the plot No.79-G appeared in the witness box and stated that since for last 30 years she is residing in the said allotted house. She acquired this plot for her residential purpose. Similarly plots No.101-G and plot No.103-G adjustence with her house were also allotted to the allotties for residential purpose. In the plot No.101-G one snooker club has been established and in the plot No.103-G a glove factory is running, departing with the terms and conditions stipulated in the agreement form. The above said two persons are running illegal commercial job rather these plots were allotted to them for residential purpose. The similarly statement is the AW2. Both the AWs unanimously fully corroborated to the contents of the complaint. Both AWs specifically deposed in there statement that respondent society has defective service and unable to get implement the terms and conditions upon the respondent for which it is incumbent upon it to get follow the reciprocal term and conditions, while executing allotment agreement. There is nothing in rebuttal against the complainant. Hence, therefore I accept this complaint ex-part and direct to the respondent to implement its rule and regulations upon the allotties, who get allot there plots for the residential purpose. There is no order as to cost. File be consigned to the record room after its compilation.