Complainants through Lrd. Adv. Sant
Opponents Kale & Shinde Associates, Law Firm
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(03/01/2014)
This complaint is filed by the flat owners 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 flat owners in the scheme constructed by the opponent no. 1 at 115, Ganesh Peth, Pune. The construction of the building is sub-standard. The RCC work is of inferior quality. The opponent has not installed compound gate to the premises. Completion certificate is not obtained. Co-operative society is not formed. Conveyance deed is not executed. There are leakages in the basement, plaster is of sub-standard. Electricity meters are not changed in the name of flat owners. For all these deficiencies, the complainants have filed the present complaint against the opponent and claimed compensation of Rs. 5,50,000/-.
2] The opponent resisted the complaint by filing written version, in which it has denied the contents of the complaint. According to the opponents, the complainants are responsible for not receiving completion certificate. The complainants are not co-operating. The original owner is not giving consent and the dispute was pending in various courts. The allegations as regards the quality of the construction are denied by the opponent. It is also contended that, the opponent had opened account of the society, but the complainants themselves never co-operated them. They have no objection for formation of Co-operative society. The electricity meters are given in the name of the flat owners. The efforts are being made for execution of conveyance deed. The opponents have prayed for the dismissal of the complaint.
3] After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether complainants have proved that the opponents have caused deficiency in service? | Partly proved |
2. | What order? | Complaint is partly allowed. |
REASONS :-
4] During the course of proceeding both parties have produced voluminous documents, such as reports of Architects. The opponents have also filed letter given by 14 complainants, out of 15 as regards the satisfaction of the construction of the flats. Only one person i.e. Mr. Pradhan had not executed the said letter. As there were dispute between himself and the opponent. As regards the completion, it is alleged that the complainants and the owner of the property are not co-operating for the same and they have made illegal construction. But, it is admitted that yet completion certificate is not obtained. Unless and until all the flat owners have consented for formation of the society, the opponent can not form said society. Both parties have also filed photographs, affidavits of the expert. As the allegations as regards the quality of the construction is waived by 14 complainants, that issue does not survive. However, as per the provisions of Maharashtra Ownership Flat Act, 1963, builder is under obligation to give completion certificate, form society and execute conveyance deed. Hence, this Forum is of the opinion that the complainants have established deficiency in service at the hands of the opponents on those counts. In the light of above discussion and on perusal of the evidence on record, this Forum answers the points accordingly and pass the following order.
** ORDER **
1. Complaint is partly allowed.
2. It is hereby declared that the opponents
have caused deficiency in service by not
providing completion certificate, by not
forming society as well as by not executing
conveyance deed.
3. The opponent Nos. 1 to 3 are directed to
to obtain completion certificate, form
society and execute conveyance deed
in favour of society within three months
from the date of receipt of this order.
4. The opponent Nos. 1 to 3 are further
directed to pay jointly and severally an
amount of Rs. 15,000/- (Rs. Fifteen
Thousand only) to the complainants
towards compensation for deficiency in
service, mental and physical sufferings
and cost of the litigation, within three
months from the date of receipt of this
order.
5. Copies of this order be furnished to the
parties free of cost.
6. 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- 03/01/2014
