DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 9th day of February 2012 Present : Smt.Seena H, President : Smt.Preetha G Nair, Member : Smt.Bhanumathi A.K. Member Date of Filing : 18/11/2010 (C.C.No.153/2010) Ms.Pooja Iyer, D/o.C.R.Iyer, Flat No.G1(GB), Amba Apartments, Manalmantha, Ambikapuram Post, Palakkad – 11 : Complainant (By Adv.Unni Thomas) V/s Mrs.A.V.Saraswathy, W/o.K.Sheshadri, Vrindavan, Kailas Nagar, Kalpathy, Palakkad - 3 : Opposite party (By Adv.V.K.Venugopalan) O R D E R By Smt.BHANUMATHI.A.K. MEMBER Brief facts of the case. The complainant in the above case had entered into an agreement with the opposite party dated 20/1/08 for purchase of a individual flat in Amba Apartments alongwith 1/6 undivided right on land. A total amount of Rs.6,50,000/- was paid by the complainant to opposite party for the right title and ownership of the above flat along with 1/6 undivided interest on land. An amount of Rs.1,30,000/- was demanded by the opposite party in addition to contractual amount towards amenities at extra cost and other provisions mentioned in the agreement. Thus the complainant paid an amount of Rs.6,50,000/- to the opposite party towards the cost of the flat, interest on land and amenities provided for in the agreement. The complainant made prompt payment but the opposite party dragged the construction of the flat and made delay of 16 months to complete the work also there are many defects in the construction of the flat. So the complainant praying an order directing the opposite party to rectify the deficiencies in construction and provide all amenities as per the agreement or refund the amount of Rs.1,30,000/- @15% of interest along with Rs.5,00,000/- as compensation for mental agony and cost. The defects alleged by the complainant in the construction work and the lack of amenities provided are the following : 1. Roofing with GI Sheet + Truss on the terrace not provided 2. Fixed ventilated steel cover for the well being in the ground level for safety not provided 3. Independent compound wall in hollow concrete blocks not provided 4. Front yard concrete decorative blocks under the agreement not done 5. Electricity transformer for electricity connection not provided 6. Cracks on both sides of two walls in the sit out 7. Water seepage in the inner side of the outer wall of the hall, kitchen, smaller bed room and in the work area. Opposite party entered appearance and filed version with the following contentions. Opposite party admits the agreement dated 20/1/08 and registration of sale deed in respect of 1/6th undivided interest in the land in favour of the complainant. Opposite party denies the contention of the complainant that the opposite party has dragged and delayed the construction work even though the payments are made correctly by the complainants. The flats were ready long back. The electrical and water connections were delayed. Without these facilities complainant was not ready to take possession of the flat. Due to shortage of electricity and voltage problem, and scarcity of water the concerned departments were not inclined to cater for new flats. The allegation regarding roofing with GI sheet + truss on the terrace was offered only on payment of additional cost. All other flat owners also requires to share that expense. Fixed ventilated steel cover for the well for safety is already provided. Independent compound wall is not promised. But it was provided. Side yard concreting will be done in case the complainant is ready to pay the cost. No promise to install exclusive transformer for electricity connection and three phase connection. Open shelf with two MOS Ferro cement slab in the master bed room is not agreed to be provided. There is no water seepage as alleged. The agreement provides for amenities to be provided at extra cost. Towards that complainant was charged an amount of Rs.78,925/- which is due from him to the opposite party. There is no deficiency of service on the part of opposite party and opposite party prays for the dismissal of the complaint with cost. Evidence consists of testimony of DW1. Proof affidavits of both sides and commission report. Ext.A1 – A4 marked on the side of the complainant and Ext.B1 & B2 marked on the side of the opposite party. Complainant filed answers to the interrogatories filed by the opposite party. We have gone through the entire documents and heard the parties deeply. Now the issues for consideration are - Whether there is any deficiency in service on the part of opposite party ?
- If so what is the relief and cost ?
Issue No.1 & 2 Opposite party admits the A1 document. In case 153/2010 A1 document shows that an amount of Rs.6,50,000/- was paid by the complainant to opposite party for the cost of flats in Amba Apartments and 1/6 right on the land on which the flat stands. In the complaint it is stated that an amount of Rs.6,50,000/- was paid for cost of the flat, 1/6th right on the land and amenities provided in the agreement. The counsel for the opposite party submitted that the cost of the land is Rs.70,000/- It is not challenged by the complainant. Balance amount for flat is 5,80,000/- Flat is of 870 Sq.ft. Then it comes Rs.666.66 to each Sq.ft. So that it can’t be believe that the amount of Rs.1,30,000/- for providing amenities included in the amount of Rs.6,50,000/- The main grievance of the complainants in all cases are the roofing with GI sheet over truss on the terrace is not provided. Decorative concrete blocks in the front yard as per the agreement is not provided. Compound wall on three sides of the apartment premises other than front road side not provided and 3 phase wiring not provided. All these amenities come under the head of amenities given at extra cost. The details of provision and construction specification for the flats are given as a part of the A1 document. In this it can be seen as last but one and last two sub heading. They are common provision and amenities given at extra cost. The amenities which are stated under the heading of common provisions, they can be used by the flat owners of each apartments as common. The works stated under the heading of amenities given at extra cost those works will be done only on payment of extra cost. Power of attorney holder specifically stated that all the complainants in all cases are very close relatives. So that there may be some mutual adjustment are taken place between the complainants in both the apartments in constructing well, compound wall etc. It is evident from Ext.A1 document in CC/153/10 that the right in the well is decided to be 1/12. Another grievance of the complainant is that there are 16 months delay in completing the construction work. According to Ext.A1 document “complete all the civil works by 1st day of December 2008” As per Ext.B3 document occupancy certificate issued on 22/12/09. Opposite party says that complainants is not ready to occupy the flat without getting water and electricity connection. But there occurred some delay in getting these connections from concerned departments. At the time of cross examination PW1 deposed that the complainants were out of Kerala. They came to know the completion of the flats only on their visit to Kerala. Complainants also not enquired whether the flats are ready or not. No evidence is produced in this aspect. Other grievance of the complainant was drinking water well does not have a safety cover. Even though it is not mentioned in the agreement as per C1 it was done by the opposite party. Power of attorney holder also admits the same. According to C1 one transformer is provided for both the apartments. Three phase wiring is done. The air cracks in plastering is to be rectified. The use of substandard materials in construction is not mentioned in the Ext.C1. From the above discussions we are not in a position to attribute any deficiency in service on the part of opposite party. In the result complaint dismissed. No order as to cost. Pronounced in the open court on this the 9th day of February 2012. Sd/- Seena.H President Sd/- Preetha G Nair Member Sd/- Bhanumathi A.K. Member APPENDIX Exhibits marked on the side of the complainant 1.Ext. A1 – Agreement dated 20/1/2008 2. Ext. A2 – Copy of letter dated 6/9/10 issued by Adv.Unni Thomas addressed to A.V.Saraswathy 3. Ext. A3 – Copy of letter date 12/6/10 addressed to A.V.Saraswathy 4. Ext. A4 – Bank statement showing expense incurred for construction of flat Complainant examined - Exhibits marked on the side of the Opposite Party 1.Ext. B1 – Copy of lawyer notice date 11/11/10 addressed to Adv.Unni Thomas 2.Ext. B2 –Occupancy Certificate dated 19/2/10 issued by Palakkad Municipality in the respect of flats in Amba Apartments Witness examined on the side of opposite party DW1 – Unnikrishnan Commissioner Report C1 – Er.C.Anandan Costs Not allowed. | 
