Tamil Nadu

South Chennai

CC/116/2013

Ramesh Rangasamy - Complainant(s)

Versus

Girija Constructions - Opp.Party(s)

Siva Sankar.S

06 Oct 2015

ORDER

                                                                        Date of Filing :   09.04. 2013

                                                                        Date of Order :   06.10.2015.

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                 DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.116/2013

              TUESDAY THIS  6^TH  DAY OF OCTOBER  2015     

 

Ramesh Rangasamy,

Flat No.2H –“Arya Square”,

155, Elcot Avenue,

Sholinganallur,

Chennai 600 119.                                          ..Complainant

                                      ..Vs..

 

M/s. Girija Constructions,

Rep. by its Proprietrix,

Mrs.G.Girija Sekaran,

6A Crescent Park Street,

T.Nagar, Chennai – 17.                                   ..Opposite party.  

 

 

For the Complainant                 :   M/s. S. Siva Sankar  

 

For the Opposite party              :    M/s. G.Jawaharlal & others

 

        This complaint is being filed by the complainant u/s 12 of the C.P. Act 1986 for a direction to the opposite party to complete the complaint mentioned construction and also to pay a sum of Rs.5,00,000/- as compensation and also to pay a sum of Rs.6500/- towards as cost of this complaint  to the complainant.

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT

         

1.The case of the complainant is briefly as follows:-

         The opposite party is the promoter and building constructor and the complainant as a purchaser of flat constructed by the opposite party have entered into agreement for construction.  The complainant had paid entire amount to the opposite party  as agreed in the construction agreement a sum of Rs.43,50,000/-.  As per the construction agreement  the opposite party has agreed to complete the construction of the flats on or before 31.3.2011.  Whereas according to the complainant the opposite party has not completed the construction work as agreed by him in the said agreement.   The complainant has performed the House warming ceremony at his flats on 8.6.2011, though the said flat was not completely constructed.   But on the assurance given by the opposite party at the time that the opposite party will deliver the full complete flats.   However as assurance given by the opposite party, the opposite party has not completed the construction work.  The complainant was given possession of the flat on 2.5.2012 belatedly.   According to the complainant the delay caused by the opposite party in completing construction of flats and handing over the same to the complainant was caused mental agony and hardship and also monitory expense by paying rent for his rental residence.   Further the complainant has stated that even after several demands made by him and other co-flat owners and despite of several meetings held with the opposite party  the following construction of common facilities were not completed by the opposite party which caused mental agony and hardship as one of the flat owner of the complainant in depriving the enjoyment of the said common facilities.

1)  Gymnasium

2) Children’s play area

3) Construction of party terrace hall with buffet counter

4) Demarcation of car parking slots with clear boundaries

 5) Cabin room work for security personnel.

 6) Video door phone with Intercom facility to each of individual fats.

7) Proper erection of the Main gates at the entrance of the building.

8) Proper installation of corridor lightings. 

9) Handing over of plumbing and electrical drawings pertaining to complainant’s apartment and common areas of building.

10) Handing over of safety certificate for lift operation

As such the complainant has filed this complaint for seeking  for completion of the above said construction of common facilities in the said flats and also to pay compensation and for litigation expense against the opposite party.       

Written version of   opposite party is  as follows:-

2.     It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.  The opposite party submit that the complainant entered into the construction agreement with the opposite party on 10.9.2010.   Further on 13.9.2010 he purchased undivided share of 505 sq. ft in the total extent of 50 cents of the property.    The flat of the complainant was constructed as per the construction agreement and handed over the possession of the property on 31.3.2011.   The complainant had been untenable and false accusation with the intention to intermediate the opposite party.   The construction work was done with experience and skilled employees despite the same the complainant was suffering in the rapid progress of the construction picking up quarrels with the workers.   The complainant had been instigating other flat buyers and resorted to preferring false complaints in order to harass with the intention to completing the construction of the building without paying the agreeing money.   It is evidenced from his own complaint that the complainant has performed house warming ceremony on 8.6.2011 itself while so it is utter false to state that the flat was handed over to the complainant only in 2.5.2012.    Since the opposite party has applied to the CMDA belatedly, however the construction of the flat was completed and handed over to the complainant in time.   Further it is false to allege that the complainant was given the incomplete flat on 2.5.2012.  Since the complainant did not disclosed the details of in completions in the flat and vaguely alleging in completed flat were handed over which clearly shows that the allegation of incompletion is totally false.    The opposite party completely denies all the allegation made in the complaint that the act of the opposite party is in utter contravention with the terms agreed under the construction agreement and committed gross deficiency and service which is utter false.   The opposite party is not liable to pay any sum as demanded by the complainant in his complaint.     Hence the compliant is liable to be dismissed.

3.   Complainant has filed his Proof affidavit and  Ex.A1 to Ex.A19 were marked on the side of the complainant.   Opposite party have filed his proof affidavit and Ex.B1  marked on the side of the opposite party. 

4.         The points that arise for consideration are as follows:-

1. Whether there is any deficiency in service on the part of the opposite party ?

 

2. To what relief the complainant is entitled to?  

5.      POINTS 1 & 2 :

         Perused the complaint filed by the complainant, written version filed by the  opposite party,  the  proof  affidavit filed by complainant and opposite party  and Ex.A1 to Ex.A19 marked on the side of the complainant and Ex.B1 marked on the side of the  opposite party  and considered both side arguments.

6.      Considering the both side pleadings there is no dispute that the opposite party is the promoter and building constructor and the complainant as a purchaser of flat constructed by the opposite party have entered into agreement for construction Ex.A1 dated, 10, September 2010, for the construction of complaint mentioned flat for the complainant.  The Ex.A2 is the sale deed in favour of the complainant for purchase of undivided common share of land in respect of the said flats and there is no dispute that the complainant had paid entire amount to the opposite party  as agreed in the construction agreement a sum of Rs.43,50,000/-.  As per the construction agreement Ex.A1 the opposite party has agreed to complete the construction of the flats on or before 31.3.2011.  Whereas according to the complainant the opposite party has not completed the construction work as agreed by him in the said agreement.   The complainant has performed the House warming ceremony at his flats on 8.6.2011, though the said flat was not completely constructed,  on the assurance given by the opposite party at the time that the opposite party will deliver the full complete flats.   However as assurance given by the opposite party, the opposite party has not completed the construction work.  The complainant was given possession of the flat on 2.5.2012 belatedly.   According to the complainant the delay caused by the opposite party in completing construction of flats and handing over the same to the complainant was caused mental agony and hardship and also monitory expense by paying rent for his rental residence.   Further the complainant has stated that even after several demands made by him and other co-flat owners and despite of several meetings held with the opposite party  the following construction of common facilities were not completed by the opposite party which caused mental agony and hardship to him as one of the flat owner in depriving the enjoyment of the said common facilities. 

1)  Gymnasium

2) Children’s play area

3) Construction of party terrace hall with buffet counter

4) Demarcation of car parking slots with clear boundaries

5) Cabin room work for security personnel.

6) Video door phone with Intercom facility to each of individual fats.

7) Proper erection of the Main gates at the entrance of the building.

8) Proper installation of corridor lightings. 

9) Handing over of plumbing and electrical drawings pertaining to complainant’s apartment and common areas of building.

10) Handing over of safety certificate for lift operation

As such the complainant has filed this complaint for seeking  for completion of the above said construction of common facilities in the said flats and also to pay compensation and for litigation expense against the opposite party.

7.     Whereas the opposite party has raised objection that  the allegation made by the complainant regarding non completion and non delivery of the flats against the opposite party is not correct.  But the opposite party has handed over the flat to the complainant after completion of construction work and the complainant also celebrated the House warming ceremony.  Therefore the other allegation with regard to non completion of common facilities mentioned by the complainant are not wanton since the said works were going on, but it is  due to unavoidable reason and non co-operation of flat owner and also raise allegation against the complainant that the complainant has wantonly quarrelled with the workers of the opposite party on the work sport and police complaint also filed against him.    The copy of the police complaint is filed as Ex.B1.   As such the complainant has made baseless allegation in order to get wrongful gain and compliant is to be dismissed.

8.     However considering the exchange of notices Ex.A10 to Ex.A15 between the complainant, co-owners and the opposite party the content of the said notices particularly content of reply notice given by the opposite party proves that the complaint mentioned common facilities are not properly complied by the opposite party and still the construction work are going on and not completed.   

9.     In respect of the allegation made by the complainant regarding that the opposite party had committed  delay of 14 months  in completion of construction of flats and handing over the same to the complainant, on perusal of Ex.A1  construction  agreement  for  completion  of construction work of the said flat on or before 31.3.2011 subject to the conditions that the allottee pays the balance amount without demur as mentioned clause-3.     According to the opposite party there is no dispute that he has received entire cost of the flats construction from the complainant and further stated that the flat was constructed according to the agreement and handed over the possession of the property to the complainant on 31.3.2011.  Whereas the complainant has raised objection that complainant has performed the house warm ceremony on 8.6.2011.  Even at the time  some of the construction work are in completed and subsequently the said flat construction work was completed on 2.5.2012  the complainant has occupied the complaint mentioned flat.  Further it is admitted fact that the opposite party has obtained the completion certificate from the concerned CMDA  authorities dated 14.2.2012 only, which is evidenced by Ex.A7.  Further they were exchange of notices between the complainant and the opposite party with regard to the delay in completion of construction work and handing over the same to the complainant which proves by Ex.A5 & Ex.A67 which are dated 26.8.2011 and 2.12.2011.  Therefore as contended by the complainant that the construction of the flat of the complainant was completed fully and handed over to the complainant, the complainant started to reside there only from 2.5.2012 is acceptable. Therefore completion of construction of work of the complainant’s flat by the opposite party was delayed for 14 months as stated by the complainant is acceptable.    The opposite party contention that he has completed the construction of flat of the complainant as per agreement and handed over the same to the complainant on 31.3.2011 is not proved by the opposite party.  

10.    Further as mentioned above the exchange of notices Ex.A10 to Ex.A15 the construction of common facilities mentioned above by the complainant in the complaint are not completed fully by the opposite party and which caused mental agony and hardship to the  flats owners including the complainant is also acceptable.  As per the exchange of notice and the content of reply notice given by the opposite party Ex.A12 & Ex.A14 the reason for non completion of the said construction of common facilities stated by the opposite party in their reply notice and written version are not acceptable.   Since the opposite party being the promoter for construction of apartment having entered into  agreement and received entire cost of the flat from the complainant the opposite party is bound to provide necessary common facilities agreed by it to the complainant in the agreement  from the date of the occupation of the complainant for their enjoyment.  Therefore some of the flats have not been sold and not occupied by the flats owners are all not valid reason for non providing and non completing the common facilities mentioned in the complaint by the opposite party.  Therefore the delay in completing the construction of common facilities in the said apartment by the opposite party is also amount to deficiency of service and which caused mental agony and hardship to the complainant is also acceptable.

11.    Therefore we are of the considered view that the opposite party is suitably directed to complete the construction of common  facilities and to provide in a full fledged manner to the inmates of the flats including the complainant within one month of time from the date of this order.  For causing the delay in completion of construction work of the flat of the complainant and handing over the same and also non completion of the construction of common facilities in the said flats the opposite party had committed deficiency of service and also caused mental agony and hardship to the complainant.   As such the opposite party is liable to pay compensation to the complainant is also acceptable.  The complaint mentioned claim of compensation of Rs.5,00,000/- by the complainant against the opposite party and also compensation towards rental charges incurred by the complainant are appear to be exorbitant.  Therefore we are of the considered view that on the facts and circumstances of the case, the opposite party is liable to pay a sum of Rs.50,000/- as just and reasonable compensation and also to pay a sum of Rs.5,000/- as litigation expense to the complainant and as such the points 1 & 2 are answered in favour of the complainant. 

In the result, the complaint is partly allowed.   The   opposite party is directed to complete the complaint mentioned construction and providing of common facilities in the said apartment i.e. 1. Gymnasium, 2) Children’s play area 3) Construction of party terrace with buffet counter 4) Demarcation of car parking slots with clear boundaries 5) Cabin room work for security personnel.  6) Video door phone with Intercom facility to each of individual flats. 7) Proper erection of the Main gates at the entrance of the building. 8) Proper installation of corridor lightings.  9) Handing over of plumbing and electrical drawings pertaining to complainant’s apartment and common areas of building. 10) Handing over of safety certificate for lift operation within one month from the date of this order.

The opposite party is also directed to pay a sum of Rs.50,000/- (Rupees Fifty thousand   only) as compensation and also to pay  a  sum of Rs.5000/- (Rupees Five thousand only) as litigation expenses to the complainant within one month from the date of this order failing which the compensation amount of (Rs.50,000/) shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization.                    

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 6^th    day of October   2015.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents :

Ex.A1- 10.9.2010 - Copy of Agreement for construction.

Ex.A2- 13.9.2010 - Copy of sale deed.

Ex.A3- 30.9.2010 - Copy of planning permit issued by the CMDA.

Ex.A4- 30.12.2010-Copy of building construction permit.

Ex.A5- 22.8.2011 -Copy of letter issued by the complainant to the

                            opposite party.

 

Ex.A6- 2.12.2011 - Copy of letter issued by the complainant to the

                            Opposite party.

 

Ex.A7- 14.2.2012 - Copy of completion certificate issued by the CMDA.

 

Ex.A8- 7.4.2012  - Copy of letter issued by the complainant to the

                            Opposite party.

 

Ex.A9- 27.8.2010- Copy of receipt for the entire payments.

 

Ex.A10-27.5.2012- Copy of letter issued by the complainant to the

                             Opposite party.

 

Ex.A11- 30.9.2012- Copy of letter issued by the complainant to the

                             Opposite party.

 

Ex.A12- 6.10.2012 – Copy of reply letter issued by the opposite party.

 

Ex.A13- 12.11.2012 – Copy of legal notice.

Ex.A14- 28.11.2012 – Copy of reply notice.

Ex.A15- 31.12.2012 – Copy of rejoinder notice.

Ex.A16- 30.3.2013   -  Photos. 

Ex.A17- 17.4.2012   -  Copy of handing over certificates.

            26.5.2012

            17.6.2012     

 

Ex.A18-     -          -  Copy of Electricity Board payment card of the

                                 Petitioner.

 

Ex.A19-     -          -  Copy of electricity board payment card of the

                                 Another flat owner.

 

Opposite party’s side  documents:

Ex.B1- 8.11.2012 - Copy of police complaint.           

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.