Delhi

East Delhi

cc/591/2013

DHANESH KUMAR - Complainant(s)

Versus

MADHU BALA GARG - Opp.Party(s)

06 Aug 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC No.591/2013 :

 

In the matter of:

Sh.Dhanesh Kumar Sharma

B -264,Second Floor, VivekVihar, Phase –I,

Delhi – 110 095

Complainant

SmtVs

1. Smt. MadhuBalaGarg

 W/o. Sh. Vishan Chand Garg

 S/o. Late. Smt. Savitri Devi Garg

 B – 178, Ground Floor, Jhilmil Colony,

 Delhi – 110 095

 

2. Smt. Raj RaniGarg

 W/o. Sh. Ramesh Chand Garg

 S/o. Late. Smt. Savitri Devi Garg

 B -263, First Floor, VivekVihar, Phase –I,

Delhi – 110 095

 

3. Smt. SunitaGarg

 W/o. Sh. Anil Kumar Garg

 S/o. Late. Smt. Savitri Devi Garg

 B -263, Third Floor, VivekVihar, Phase –I,

Delhi – 110 095

Respondents

s

                                                      Date of Admission:07/11/2014

Date of Order          :10/08/2015

 

ORDER

Poonam Malhotra, Member :

The brief facts of the present complaint are that the complainant purchased the second floor of Property No.B-263, Vivek Vihar, Phase – I, Delhi from Smt. Savitri Devi by virtue of a Sale Deed which was executed by Smt. Savitri Devi on 14/01/2011 in favour of her daughter-in-laws, the respondents herein, and the complainant.  The complainant has made full and final payment of the floor. It is alleged that he was assured at the time of the execution of the Sale Deed that the installation of the lift, exhaust fans in the kitchen, electric lock at the main door, repairing of submersible pump, etc. would be completed thereafter.  Since the erstwhile owner ofthe property, Smt. Savitri Devi, has died the liability to complete the pending work lies upon the respondents herein, who are her legal heirs, executors, administrators, nominees & assigns.  The complainant has prayed for directions to the respondents to complete the pending work or in the alternative refund the refund the payment taken from him for the pending work, Rs.9,99,999/- as compensation from the respondents for the completion of the work, loss of interest, harassment, etc.

In response to the notices issued to the respondents none put up appearance and case proceeded exparte against them.

            Evidence by way of affidavit filed by the complainant in support of his case.

            Heard & perused the record.

            From the bare perusal of the documents placed on file, it is evident that the complainant had purchased the second floor of the Property No.B-263, Vivek Vihar, Phase – I, Delhi from Smt. Savitri Devi and a Sale Deed was executed whereby the development, construction and furnishing work was to be done by the vendor as per the agreed terms as contained in the Sale Deed. It is alleged that some work was pending completion at the time of the execution of the Sale Deed andthe complainant has approached this Forum for the specific performance of the said covenant.  It is pertinent to mention here that after the execution of the Sale Deed all his rights viz-a-viz the pending jobs in the said property would flow from the said Sale Deed.  This is clearly a case of Specific Performance of the Contract/Sale Deed and as such this Forum has no jurisdiction to entertain the present complaint.   It is,accordingly,dismissed with a direction to the complainant to present it before a civil court of competent jurisdiction, if so advised.

Copy of the order to be sent to both the parties as per rules.

 

   (Subhash Gupta)                                         (Poonam Malhotra)                          (N.A. Zaidi)

          Member                                                                     Member                                                  President