By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get compensation for the failure of providing common amenities as per agreement.
2. Brief of the complaint:- In the Month of May 2013 complainant and opposite party entered into an agreement for the purchase of a villa. As per the agreement complainant purchased the villa after finishing all works and ever since he has been residing there. But the opposite party failed to provide common amenities such as compound wall, swimming pool, health club, play ground for children and drainage system etc.. more over the transformer were fixed in an open space. Complainant alleged that he has to suffer many inconveniences due to the lack of these offered facilities. Hence approached before this Forum alleging deficiency of service.
3. On receipt of notice opposite party entered in appearance and written version filed. In the version, opposite party admitted that the complainant had purchased a villa in the project AI-hind Greens and a construction agreement was entered into between both parties and as agreed by the opposite party the villa of complainant was constructed, finishing all works and key was handed over to the complainant and ever since he has been residing there. Now it ,is a new wisdom dawn in the mind of the complainant which is having some malicious and unholy intentions. The averment with regard to the cleanliness of the drinking water is wrong. The Water in the well of the villa of the complainant is potable and the opposite party is ready for lab test. Opposite party further submitted that the villa project is a prestigious project of these opposite parties and are keen to fulfill all the assurances to the customers faultless. The COMMON AMENITIES can only be completed after constructing all the villas. This opposite party have sold presently remaining two villas also constructing remaining two villas which also will be finished shortly and by then all common facility as agreed upon will be finished. It is to be noted that there is no contractual obligation with the complainant as to the date of completion of the common amenities within the Villa project. No specified period has ever been given to the complainant. There is no difficulty now for the complainant to reside in his villa Slab has been paved over the drainage and transformer has been covered by steel fencing. Road to his villa is motorable and it will be further beautified after completing the balance work of two villas and the work of the same is in full swing. The opposite, parties have completed the villa of the complainant as per agreement to his satisfaction and he has been residing there for more than two years and no complaint was ever made by him till approaching this Forum. The present complaint is nothing, but a frivolous one the reason behind the same is something else, which is best known to the complainant. There is no iota of truth in the allegations . All the claims made in the complaint are made with some ulterior intentions so as to tarnish the goodwill of these opposite parties. Considering the fallacy of the complaint the above complaint may be dismissed with cost and compensatory cost of these opposite parties. Accepting the above contentions the above complaint may be dismissed with cost of these Opposite parties.
4. Complainant adduced evidence as PW1 and Ext.A1 and A2 documents were marked. Opposite party cross-examined PW1 and not adduced oral evidence. Heard the parties.
5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?.
2. Relief and Cost.
6. Point No.1:- Opposite party has failed to act according to the condition of agreement even though there is no specific date stipulated in the agreement for completion of these works. Now 4 years have been already expired. The complainant cannot be compelled to wait for unlimited period. In the present case complainant failed to prove the allegation through a commissioner but opposite party had not resisted the allegations by stating that they have already completed the alleged work of swimming pool, play ground, drainage etc.. There is specific clause in the agreement that such and such facilities are there in the villa project.
7. A person books a residential flat for the purpose of having a roof over his head and not for the purpose of litigation. Here the complainant opted for best choice after paying huge amount. But opposite party failed to provide the facilities after the completion of 4 years. This consumer complaint was filed on 2013 and the case was pending during all these periods. Now 4 years completed after the delivery of the possession still it remains uncompleted. PW1 deposed that the offered facilities of swimming pool, play ground was still not there in the villa. Opposite party has not yet started its work at all. Hence we are of the opinion that complainant purchased the villa after paying sufficient consideration based on a unchallenged terms of agreement. But some of the terms in the agreement was still remaining unperformed (uncompleted). There is specific clauses in Agreement regarding common amenities, but some of them were fulfilled as per version, but few of them were remaining uncompleted, as there is no such whisper in the written version about the play ground and swimming pool. If there is no contractual obligation with complainant regarding the date of completion of the common amenities it cannot be said that, it will be provided after the completion of all the work. Hence the complainant occupied the villa from 2013 onwards. He has waited for sufficient period till now the position remaining same. As a consumer complainant has no need to wait for unlimited period. Hence we found that opposite party is deficient in providing service to this complainant and complainant is entitled to get the benefits as offered in Agreement. Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found in favour of complainant, he is entitled to get cost and compensation from the opposite party. Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and opposite party is directed to complete the work of swimming pool and play ground as stipulated in the agreement within 6 months. Also opposite party is directed to pay Rs.10,000/- (Rupees Ten Thousand) towards cost and compensation for the proceedings to the complainant within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 3rd day of January 2018.
Date of Filing:03.07.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. A. C. Dinesh. Retired.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Deed of Sale.
A2. Copy of Layout Plan.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
