Jharkhand

Bokaro

cc/15/104

Girdhari Mahto - Complainant(s)

Versus

Mr. C.M. Francis - Opp.Party(s)

Sri Anand Vardha

14 Aug 2018

ORDER

Complainant Girdhari Mahto  has filed this complaint with a claim to direct O.Ps. to complete the installation/rectification work as mentioned in para 4 of the complaint within one month with compensation of Rs. 2,50,000/- for mental and physical torture and litigation cost of Rs. 10,000.

2          The facts of the complaint is that Giridhari Mahto and two others namely, Saurabh Sindhu and Mahendra Prasad Singh are owners of land, having plot No. 775, Khata No. 172, Mauza- Chas, Thana No. 30, Dist.- Bokaro. The area of the land is 16.95 decimal.

            All the three owners entered into Development Agreement with OPP. Parties vide notarized Agreement dt. 24.07.2010 for development of the plot for construction of residential multistoried building (constituting 25 Nos. of flats) as per approved plan.

            As per terms and conditions of the development agreement, the owner of the land were to received 33% of this total built up area including parking area in the ground/basement and proportionate area in the roof which was to be constructed on their land by Opp. Parties in lieu of the cost of the land.

            It is alleged that Opp. Parties could not complete the construction fully within two and half years, as per terms and condition and hand over the flats No. BG, IIE, IVD, Amber Apartment to the complainant. It is alleged that as per para 4 of the compliant, 14 works were not completed and as such this is deficiency in service for which Opp. Parties are liable.

            It is also mentioned that flat owners, in their General Body meeting of owners of flats requested the O.P. to complete the vital works but they did not oblige.

            Ultimately, a legal notice was sent on 11.03.2015 but even receipt of the notice O.Ps. did not take any action to rectify the defects and installation.

3          Complainant filed the following documents in support:-

Anx-1 Copy of Development Agreement.

Anx-2 Copy of Legal Notice dt. 30.07.2015.

            Complainant himself examined on C.W.-1.

4          O.Ps. appeared and filed written statement. It is admitted that there is one development agreement but it is submitted that as per clause 28, disputes and differences between the parties shall be resolved as per provisions of Arbitration and Conciliation Act as such this forum has no jurisdiction to adjudicate the present case.

            It is also submitted that the demands of complainant are beyond schedule ‘C’ of Agreement.

            It is also barred by limitation and denies the allegations of the complainants.

            It is also submitted that complainant has not come up with clean hands and concealed material facts.

            It is also submitted that legal notice was replied on 09.04.2015. Hence, there is no merit and case is liable to be dismissed.

            Anx-A Legal Notice dt. 09.04.2015 and Anx-B Copy of Development Agreement have been filed by O.Ps. in support.

                                                            F I N D I N G S

5          We perused the complaint petition and documents field.

                        It appears that complainant is a part land owner in the land which was given to O.P. to develop 25 no. of flats having 33% share in the built up flats. This shows, complainant has made contract with O.P. for development of flats for commercial purpose, not for his own use of the all the flats.

            Therefore, this is a simple contract of sale and purchase of the land which is admitted in the evidence on affidavit.

            Hence, we hold that this complainant is not a consumer and the dispute is not a consumer dispute.

            It is only violation of terms and conditions of the contract and this Forum has no jurisdiction to entertain this case.

                        The case is hereby dismissed.

            O/c is directed to deposit the record in the record room.