Advocate Nilesh K. Bhandari for the Complainants

Opponents exparte

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This complaint is filed by in all 9 flat holders against the builder and developer for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-

 

[1]                    Complainants have purchased flats from the Opponents i.e. Lambodar Developers in the building named as ‘Vasant Siddhi’ which is situated at Warje, Pune. The Opponents have started construction of building after obtaining commencement certificate on 6/6/2007. The plan was sanctioned by P.M.C for the said building. As per the agreement, possession was to be delivered within 18 months from the date of agreement. The Opponents have assured in the agreement to form society, obtain commencement certificate and execute conveyance deed. After taking possession of flats by the complainants they found that, there was no road or access to the building from main road, compound wall was not constructed to protect the building as per the sanctioned plan, drinking water pipeline is not provided by the Opponents. The Opponents have illegally constructed two rooms and bathroom in the parking, construction material was lying in the open space near the stair case, upper water tank is not properly leveled so as to supply water to all the flats. There is big crack to the upper water tank and below the water tank area which is harmful to the flat holders and also to the various flats. There is heavy leakage and seepage in the common areas and in the flats also. Opponents have failed to provide pleasant and clean premises for the flat purchasers of building ‘Vasantshiddhi’, construction material like bricks, sand, lime etc. are lying at the parking area and in the building premises. There is no proper outlet for the duct area due to which rain water is stored in the duct and spread stingy smell creating unhygienic conditions of the health of flat holders. Building is not painted from the external side and of the staircase. Opponents have failed to obtain completion certificate and execute conveyance deed. It is also contended by the complainants that, as per the rules after handing over possession till execution of conveyance deed, the builder has to bear expenses for common amenities. The complainants have prayed for allowing the complaint by directing the Opponents to perform all legal obligations, to pay the expenses of maintenance and compensation for deficiency in service and mental and physical sufferings.

 

[2]                    Opponents though duly served by issuing public notice in daily ‘Pudhari’ in 11/4/2013 remained absent. Hence, complaint is proceeded exparte against them. Complainants have filed voluminous documents in support of their contention. It reveals from the photographs which are produced on behalf of the complainants that there is no access road to the building, compound wall is not provided, construction of the building is also not upto the mark. The allegations as regards obtaining of completion certificate, conveyance deed are not rebutted by the opponents. According to the complainants, the builder is under obligation to maintain the building and pay the maintenance till the execution of conveyance. But the complainants have not produced any agreement or rule which binds the builder to maintain the building after handing over possession of the flats. Besides the claim of compensation on the ground of maintenance amount, the complainants are entitled to get all the reliefs which are claimed by them. Hence, after considering the affidavits, photographs on record, which remained unchallenged by the Opponent, I pass the following order-

 

 

1.                  Complaint is partly allowed.

2.                  It is hereby declared that the Opponents have caused deficiency in service by not executing conveyance deed, obtaining completion certificate and forming society.

3.                  Opponent Nos. 1 and 2 are jointly and severally directed to execute conveyance deed, issue completion certificate and form the society of the building named as “Vasantsiddhi” within six weeks from the date of receipt of copy of order..

4.                  Opponent Nos. 1 and 2 are jointly and severally directed to provide access road to the building and construct the compound wall within six weeks from the date of receipt of copy of order..

5.                  Opponent Nos. 1 and 2 are jointly and severally directed to remove all the deficiencies in the building “Vasantsiddhi” which are mentioned in the complaint, more particularly in para 16 (a) to (q) within six weeks from the date of receipt of copy of order.

6.                  Opponent Nos. 1 and 2 are jointly and severally directed to pay compensation of Rs.1,00,000/- to the complainants for deficiency in service, for mental and physical sufferings and cost of the litigation within six weeks from the date of receipt of copy of order.

7.                  Complainants are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.

 

Copy of order be supplied to both the parties free of cost.

 

Place – Pune

Date – 18/11/2013