20-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.
Inspite of fixing this case for exparte order nobody appears on behalf of the respondent.
2. Heard Mr. Sachin Kumar, learned counsel appearing for the appellant. He assailed the impugned judgement on various grounds.
3. The complainant got possession of the flat on 1.3.2008 and was living there with his family members.
It further appears that a Complaint Case No. 1925/2009 was filed against the complainant under section 138 of Negotiable Instrument Act by the O.Ps. (Builder) for dishonour of cheque of Rs. 1,35,768/-.
The Pleader Commissioner appointed, on the prayer of the complainant reported that there was no deficiency in service on the part of the O.Ps/ builder, which report was signed by the parties.
Further as per the report, the builder applied for revised map on 9.4.2010 which was approved on 11.5.2010 and for obtaining the completion certificate, matter was pending before the MADA. Fire Fighting equipments were also laid on each floor.
4. Accordingly, the learned District Forum, dismissed the complaint. However it directed the O.Ps (builders) to rectify the genuine defects, if any in the flat of the complainant without waiting for the result of the said Complaint Case. It further directed that photo copy of revised map and any other documents if needed be given to the Secretary of flats owners within a week from the date of the order, if not supplied.
5. Mr. Sachin Kumar submitted that even the said directions have not been complied.
As nobody is appearing for the respondents, it will not be proper to issue any direction in this regard. However, if the said directions have not been complied, it should be complied at the earliest.
6. Mr. Sachin Kumar then submitted that water harvesting system is a must as per the MADA Rules but it has not been provided, due to which everybody including the appellant may suffer.
7. If that be so, the appellant may approach the concerned authority in this regard.
With these observations and directions this appeal is dismissed.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-20-03-2015