Advocate Nilesh Bhandari for the Complainants
Opponent exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 18th November 2013
This complaint is filed in the flat owners against the builder and developer for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] According to the complainants they have purchased flat No.103, admeasuring 77.75 sq.mtr built up area alongwith the area admeasuring 18.17 sq.mtrs (including balcony and terrace) alongwith one covered car parking in the project named as ‘Rohan Mithila-E’, 1st floor, of the building No.E-8, Lohgaon, Pune from the Opponent. The possession of the flat was not delivered as per the agreement. There was delay of 9 months in handing over possession. Parking is not allotted as per he agreement. Common amenities which are mentioned in the agreement and brochure are not provided. Hence, complainants have filed present complaint claiming Rs.45,243/- towards compensation @ 9% p.a. interest over the amount, compensation for delay in delivery of possession to the tune of Rs.1,50,000/-, Rs.1,38,000/- towards house rent, Rs.50,000/- for mental and physical sufferings, Rs.35,000/- towards cost of litigation.
[2] Opponent though duly served remained absent. Hence, complaint is proceeded exparte.
[3] After considering the voluminous documentary evidence such as agreement, photographs, correspondence between the parties and affidavit filed by the complainants, 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 there is deficiency in service at the hands of the Opponent ? | In the affirmative |
2 | What order ? | Complaint is partly allowed. |
Reasons-
As to the Point Nos. 1 and 2-
[4] As per the contents of the complaint, the Opponent has agreed to sell flat bearing No.103, 1st floor of the Building No.E-8 in the project named as ‘Rohan Mithila-E’ to the complainants for Rs.46,92,900/-. It is specifically mentioned that the possession of the flat will be delivered on or before 30/09/2011. It is further agreed by the builder that he will pay Rs.5027/- per month for delay in delivery of possession. However, the possession of the flat was given on 30/06/2012 i.e. after 9 months from the agreed date. The Opponent has not provided the amenities and facilities such as – landscape area with innovative features, swimming pool, furnished club house, branded lift, well decorated entrance lobby, 100% power back-up for common facilities, power back-up area for one light point in each room, car wash area and sanitation facilities for drivers and servants, biogas plant/ vermiculture plant, thermal insulation treatment for roof terraces, home security system with burglar alarm, smoke detectors, video surveillance, remote light controls. Opponent has collected the amount for providing the said amenities and facilities. Contentions raised by the complainants remained unchallenged. Complainants have claimed compensation for delay in delivery of possession i.e. to the tune of Rs.1,50,000/- as per the agreement. Complainants have also asked house rent to the tune of Rs.1,38,000/-. But, they have not produced any documentary evidence as regards payment of rent. However, after considering the standard of living of the complainants, we held that the complainants are entitled to receive Rs.90,000/- by way of expenses incurred for the rent and delay in delivery of possession. Complainants are also entitled to receive compensation of Rs.25,000/- for mental agony and inconvenience, and Rs.5,000/- by way of cost of litigation.
We answer the points accordingly and pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponent has caused deficiency in service by delaying possession of the flat and by not providing the amenities and facilities as agreed in the agreement and shown in the brochure.
3. Opponent is directed to pay Rs.90,000/- to the complainants by way of expenses incurred for the rent and delay in delivery of possession to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent is directed to pay compensation of Rs.25,000/- to the complainants for mental agony and inconvenience, and Rs.5,000/- by way of cost of litigation within six weeks from the date of receipt of copy of order.
5. Parties 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
