Order No.  6  dt.  18/01/2019

        The case of the complainants in brief is that the complainant entered into an agreement with the o.ps. and gave possession of the flat in question to the complainant without any letter of Completion Certificate. The complainant repeatedly requested the o.ps. for providing Completion Certificate but they postponed it on several occasions by different excuses. The complainant also purchased a garage space in the ground floor of the said flat but the approach road of the garage and the building remained an earthen road. The complainant in order to have the Completion Certificate and other grievances made a complaint to the Consumer Grievance Redressal Cell but the o.ps. in spite of issuance notice from the said grievance cell did not appear. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for making parking space accessible by constructing approach road along with covered grill at the front of the premises and to provide electricity connection in the said parking area. The complainant also prayed for compensation for amount of Rs.1,00,000/- as well as litigation cost of Rs.15,000/-.

            The o.ps. did not contest the case by filing w/v, as such, the case has proceeded ex parte. The complainant in order to substantiate his allegation relied on the petition of complaint along with Annexures made in the said petition and did not file any separate evidence and by filing a petition prayed for treating the petition of complaint as evidence.

            The complainant in order to prove the case filed some documents wherefrom it is found that the complainant purchased the flat along with garage but the complainant is not in a position to mutate his name because o.ps. failed to pay the outstanding  Municipal Taxes for that reason o.ps. failed to provide the Completion Certificate to the complainant and the approach road of the garage has not been completed. In view of the such fact, we hold that there is some substance in the allegation made by the complainant thereby the complainant will be entitled to get the relief since the allegation of the complainant remained unchallenged.

            Hence, ordered,

            That the CC No. 267/18 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to make the parking space accessible by constructing the approach road along with covered grill at the front of the premises within one month and to pay compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment and mental agony and litigation cost of Rs.3,000/- (Rupees Three Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.