(Passed on 18.07.2016)

Per Mr. Justice A. P. Bhangale, Hon’ble President

1.      This appeal is preferred by original complainant against the respondent – Developers on the ground that promise made in brochure published by the developers in the name as “Highway Treasure - AXON - Silver Leaf” regarding the amenities to be provided, are as under -

*        Wide Roads,

*        Electrification,

*        Drains,

*        Landscaping,

*        100% Assured Security,

*        Individual Plot Fencing (Optional)

However, the said amenities were not made available to the complainant / appellant herein by the respondent.

2.Learned District Consumer Forum, Nagpur partly allowed the complaint considering the report from the Commissioner and also the brochure. The Commissioner appointed by the Forum one Mr Rajesh Khare who visited the spot and reported that there was no amenity of Roads, though W.B.M. road was found, it was not in proper condition on the spot. Electricity facility is not available on the site, as well as drainages as amenity and there was no landscaping in place. Thus, according to the Commissioner, appointed by the forum, who also relied upon the photographs of the lay-out, which was partially developed but amenities, which were promised, were not made available.  Accordingly, the learned Forum after considering the documents available, evidence, concluded that promised amenities were not provided.  Therefore, the complainant could not construct his house and hence there was deficiency in service.

3.Today we have heard the submission advanced on behalf of the appellant for enhancement of compensation as according to the complainant he suffered physical & mental harassment on account of the amenities promised by the developers, were not fulfilled.  Though, according to the complainant his daughter is an Architect, for want of promised amenities by the respondent – Developers, he could not made plan for construction of his house.

4.      On the other hand, Mr Rajesh Ambadas Kulkarni, Parnter of M/s Axon Developers, having partnership Firm at 243, Chhatrapati Nagar, Nagpur and according to Mr Rajesh A Kulkarni he is representing O.P.No.2 - the original owners /  M/s Mata Kanyaka Real Estate, a partnership firm on whose behalf M/s Axon Developers holding Power of Attorney to develop the plot in question.

5.      Mr Kukarni submitted that his advocate wanted to argue. However, though it is 1.30 p.m., his advocate did not attend this Commission. We have, therefore, heard Mr Kulkarni who did not dispute that the amenities were mentioned in the brochure.  However, he contended that as per sale-deed, it is for the complainant to move Nagpur Improvement Trust, who is now planning authority so as to submit plan for construction of the house of the complainant and in that case when such plan is submitted for construction of house of the complainant, the O.P. M/s Axon Developers would co-operate with the complainant so as to enable him to construct the house. 

6.      It is submitted that the wide roads, electric supply as promised, drainage system plan would be put in place. Once the property is fully developed, the security arrangement can also furnished by the developers. According to Mr Kulkarni 100% assured security cannot be granted by the developers without charging for regular amenities from each plot holders.  Alternatively, he submitted that the developers may be directed to form Co-operative Housing Society of 85 plot holders.  So that each of the plot holder can contribute for 100% assured security for the members of Society in layout plan.

7.      Since it is not disputed that amenities were to be provided as promised in the brochure of Axon Developers (Silver Leaf Project) developers shall take steps in accordance with the law to form Co-operative Housing Society of various plot holders and convey the title of the layout to such Co-operative Housing Society constituted by 85 plots holders, so that all plot holders can contribute for security.  The developers shall supply all the amenities as promised in the form of Wide Roads, Electrification, Drains, Landscaping as promised in the brochure and once the entire layout be transferred or conveyed in favour of the Co-operative Housing Society, the Society concerned shall take steps to provide for the amenities such as Roads, Drains, Landscaping so as to maintain the development done by the developers while conveying the title of the plots in layout in favour of the Co-operative Society.  We think this is reasonable proposal on the part of Mr Rajesh A Kulkarni to abide by law. Accordingly, we dispose of this appeal by confirming the order passed by the learned District Consumer Forum below directing the developers to complete the amenities and they shall convey the title in the plots of the layout property in favour of the Co-operative Housing Society, constituted by plot holders of the layout and then Society shall take over maintenance of the layout. Amenities as promised in the brochure shall be completed and complied with within a period of six months from the date of this order.

8.      Complainant / appellant herein, filed this appeal for enhancement of compensation. We think that in the event of developers fail to handover the entire layout to the Co-operative Housing Society, constituted by at least 20 or more authorized plot holders, and in the event of failure on the part of developers to comply with the promises made in the brochure, the compensation awarded in the sum of Rs.15,000/-, shall be read as Rs.50,000/- and litigation cost shall be read as Rs.10,000/-. With these modifications in the impugned order, we dispose of the appeal.

i.        The appeal is partly allowed accordingly.

ii.       No order as to costs in this appeal.

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