1. The case is at the stage of the decision while the arguments were heard on previous date and I have perused the file in the light of the arguments as such I proceed to dispose off the complaint by discussion in the following paragraphs.
2. Briefly stated the version of the claimants is to the effect that they alongwith other relatives struck the bargain of the purchase of the plots in the housing scheme launched and advertised by the defendant namely Alfateh Housing Scheme; that the scheme was un-registered; that no facility has been provided so far at the spot; that the claimants have paid considerable amount towards the payment of installments; that no action has been taken by the defendant on the legal notice issued by the claimants; that the claimants demand the recovery of Rupees ten lakh per head for irreparable loss and recovery of possession and providing of the facilities.
3. The defendant has contested the complaint in the written statement by raising the objection about jurisdiction of this court alongwith other objections and alleged about cancellation of the plots due to delay in the payment of installments; that fine should be imposed on the claimants for filing vexatious and frivolous complaint; that no notice has been received; that the complaint should be dismissed with fine and costs.
4. The evidence of the claimant consist of the affidavits as Ex.P.1 to Ex.P.3; cross examination on the affidavits recorded by LLC as PW-1 to PW-3; while evidence of the defendant consist of his own statement alongwith cross examination recorded by LLC and documentary evidence of the defendant consist of copy of the receipt as Mark.D-1; copy of page No.114 of Khata register as Mark.D-2; copy of the receipt as Mark.D-3; copy page No.118 of Khata register as Mark.D-4; copy of the receipt as Mark.D-5; copy of page No.116 of Khata register as Mark.D-6; copy of the receipt as Mark.D-7; copy of page No.112 as Mark.D-8.
5. It is being pointed out that the relevant law governing the rules for the housing colonies is 'PUNJAB PRIVATE HOUSING SCHEMES AND LAND SUB-DIVISION RULES 2010' published in of PLD Punjab Statutes Volume LXII 2010.
6. In the present case, the version of the claimant is to the effect that the alleged agreement has not yet culminated in the contract because the ownership of the disputed plot is yet to be transferred on payment of further installments. This court has no jurisdiction about specific performance of the alleged agreement.
7. It is therefore observed that the claim about providing the facilities is pre-mature unless the claimant seeks the specific performance of the agreement through the civil court. The matter has become ordinary civil dispute between the parties of equal level without any relationship of the consumer with service-provider. The specific performance of the agreement to sell is the exclusive domain of learned civil court. The terms and conditions of the agreement are to be implemented through the learned civil court.
8. It is proper to be pointed out in the interest of justice that first of all the claimant should apply to the defendant for the restoration of allotment of the disputed plot or alternate plot by offering to pay the remaining installments if any and to go to civil court for the redress of his grievance after refusal of the defendant to co-operate.
9. As far as the allegation of bait advertisement is concerned, I find that the same can also be raised before the learned civil court in the suit for specific performance being mixed question of the law and facts.
10. It is however observed that the complaint is not liable to be rejected or dismissed under Order VII Rule 11 CPC and it is more proper to be returned for institution before civil court of ordinary jurisdiction.
11. As far as the stress of the defendant for grant of damages and special costs is concerned, it is observed that the defendant is not entitled to the same at this stage because the complaint is not being disposed of on facts but being returned for proper representation.
12. For what has been discussed in preceding paragraphs, the objection against the jurisdiction of this court is upheld and the complaint is disposed of to the extent of the return of the complaint while the remaining objections contained in the written statement are kept reserved for determination by learned Civil Court. The complaint is accordingly disposed off by way of return for institution of regular civil suit to the learned Civil Court in accordance with law.
13. The parties are left to bear their own costs.
14. A copy of this order would be available for publishing on the internet to the website of Punjab Consumer Protection Council, 135-J, Model Town, Lahore for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCP Rules 2009.
15. The file of this complaint is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody til the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.