Complainant present through Lrd. Adv. Saralkar
Opponent absent
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(03/04/2014)
This complaint is filed by the consumer against builder and promoter for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows.
1] The complainants are the residents of Kothrud, Pune. The opponent is dealing in the business of construction and its office is situated at Kothrud, Pune as well as Bavdhan Khurd. The complainant was in search of flat; hence he approached to the opponent and decided to purchase flat no. 14 admeasuring 114. 27 sq. mtrs. along with terrace on the 5th floor of the building, which was constructed by the opponent. The agreement was executed on 25/01/2005. The opponent has obtained commencement certificate for the construction on 28/4/2003. The complainant had obtained housing loan for purchasing the said flat. He paid consideration amount of Rs. 23,00,000/- to the opponent before Feb.2005. But the opponent has failed to deliver the possession of the flat as per agreement. On 14/2/2006 the opponent informed to the complainant by letter that the flat was ready for possession and occupation and complainant was called upon for taking possession. The complainant has asked for the completion certificate, but that was not provided by the opponent. The opponent has informed about the tax assessment of the said building, which was carried out by PMC. The unit purchasers in the building had formed Aishwarya Sankul Co-operative Housing Society. The Chairman of the society had received notice from the Corporation stating that the occupiers had unauthorizedly occupied the building without obtaining completion certificate. Hence, the complainant has sustained mental torture, due to act of the opponent. He has filed the present complaint for directing the opponent to pay an amount of Rs. 50,000/- towards compensation for mental agony and trauma, for directing the opponent to obtain completion certificate and executed conveyance deed in the name of the society.
2] The opponent though duly served with the notice of the Forum, remained absent. Hence the complaint proceeded ex-parte against the opponent. The complainant has produced voluminous documents including agreement executed by the opponent, notice issued by the Corporation, receipts of payment, tax assessment receipt etc.
3] It reveals from the record that the society has received notice from Corporation on 25/5/2009 stating that the flat owners have occupied the flats before obtaining completion certificate and their occupation is unauthorized. Thus, it is crystal clear from the record that the opponent did not take care of obtaining completion certificate and executing conveyance deed, which are obligations put upon the builder as per the provisions of the Maharashtra Ownership Flat Act and that amounts to deficiency in service. The complainant has filed affidavit in support of the complaint as well as voluminous documents. There is no dispute as regards payment of consideration and delivery of possession of the flat, but it reveals that the possession was delivered before obtaining completion certificate, that amounts to deficiency in service. In the result, this Forum is of the opinion that the opponent has caused deficiency in service; hence complainant is entitled for compensation on the ground of mental and physical torture as well as for other reliefs. Hence, we pass the following order.
** O R D E R **
1. Complaint is partly allowed.
2. It is hereby declared that the opponent
has caused deficiency in service by not
obtaining completion certificate and by
not executing conveyance deed in the
name of the society.
3. The opponent is directed to obtain
completion certificate and execute
conveyance deed within six weeks
from the date of receipt of copy of this
order.
4. The opponent is also directed to pay
compensation of Rs. 10,000/- (Rs.Ten
Thousand only) to the complainant for
mental and physical suffering as well
as for costs of the proceeding.
5. If the conveyance deed and completion
certificate are not provided by the opponent
within six weeks, the opponent is liable to
pay penalty of Rs. 1,000/- (Rs. One Thousand
only) per day till submission of completion
certificate and execution of conveyance deed.
6. Copies of this order be furnished to
the parties free of cost.
7. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 03/04/2014
