BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM.
KAMRUP
C.C.No.26/2017
Present: I) Shri A.F.A.Bora, M.Sc.,L.L.B.,A.J.S -President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Sri Jamatul Islam,B.Sc,Former Dy
Director, FCS & CA -Member
M/S Bali Enclave - Complainant
S/O -Late Dhaneswar Das
Represented by Sri Prabin Kumar Das
Flat No.- 402, Bali Enclave Megzine
VIP Road Guwahati-781171
-vs-
I) Neha Builders Real Estate Developers, - Opposite parties
Beltola, Basistha Road, Survey,
Guwahati-781028
2) Mr.Alen Ahmed
Managing Partner
M/S –Neha Builder Real Estate Developers, 58,
Beltola , Basistha Road,
Sirvey, Guwahati-781028
Appearance
Learned advocate Sri S.M.Sarma & Sri Ajay Hazarika for the complainant .
Date of filing written argument:- 24.10.2018
Date of oral argument: 15.12.2020
Date of judgment: - 5 .1 .2021
JUDGMENT
1) This is a complaint filed by one Mr.Prabin Kr.Das representing M/S Bali Enclave against opp.party Neha Builders Real Estate Developers , and its Managing Partners Mr. Alen Ahmed. The allegation is for deficiency of service on the part of the op.party for not providing required amenities. It is alleged that facilities as per commitment made in the advertisement have not been provided by the builder and it is a gross deficiency in service for which the complainant sought compensation on different head amounting to Rs. 15,66,000/- under section 14(D) of the C.P. Act ,1986.
2) The brief history of the case is that the aforesaid Bali Enclave had been occupied by 12 no.s of owners and it is joint petition by the complainant representing all the 12 members. The copy of brochure is annexed as annexure – I which elaborately mentioned the specification indicating the facilities etc. The complainant party took possession of the flats in the year 2013 onwards after executing sale deeds individually . Thereafter the owner formed an association called Bali Enclave Interim Society. Here the complainant on behalf of the flat owners alleged that inspite of full and final payment some of the facilities were not provided by the builder and some defects were detected for which letter were issued to the opp.party by 2 of the flat owners mentioning the necessary requirements like replacement of the wood border damaged chaukath, to complete electricity connection and to hand over possession certificate etc. (Annexure- 2 & 3 are such letters issued by the Flat owners.)
3) The complainant further annexed copy of letter dtd. 13.3.15 issued by the opp.party where by he admitted the claims giving assurance to fulfill some of the incomplete works. The complainant alleged about non completion of essential works by a letter dtd. 31.3.16 informing the opp.party which are like- (a) earthing of electrical connection (b) Individual energy meter (c) Security measure viz guard/ watchmen etc. (d) Parking space for vehicles (e) Sanitary arrangement (f) Fire fighting arrangement (g) Proper lift installment
4) According to the complainant, inspite of all correspondence made by the complainant the opp.party have failed to redress the grievances for which complainant party suffered irreparable loss, injury and hardship. For the above , the complainant prays for directing the opp.party to remove the deficiency in service. After issuing notices published through newspaper on 21.1.18 in assamese daily “Dainik Asom” the opp,party have remained absent and the case proceeded exparte.
5) The complainant have submitted evidence on affidavit of 3 No.s of witnesses who have testified Ext.I as brochures and Ext. 2 & 3 the letter dtd. 10.3.15 and 12.3.15 issued to the opp.party Ext. 4 is another such letter dtd. 13.3.15 issued for fulfillment of deficiency in service. Ext.5 is another letter regarding installment of lift. The testimony of C.W.2,3 are local residents supported the allegation made by the flat owner.
6) After the consideration of documents on record it appears that specific and conclusive evidence regarding fulfillment of amenities is not proved for giving any direction to the opp.party. But however the complainant proved that there were deficiency of service on the part of the op.party in providing amenities to the flat owners who have duly purchased the flats in the year 2013 and thereafter the claims have been made by issuing letter to the opp.party . The reply letter of the opp.party is also indicative of the fact that there were delay in fulfillment of the amenities and requirements as per brochure . Hence the petition filed by the complainant under section 14 (D) is found proved against the opp.party.
7) In the result the petition is decreed exparte against the opp.party to pay compensation.
8) We have carefully gone through the record and testimonies of the complainant and his witnesses. The services required to be provided by the opp.party as per agreement are essential and urgent in nature . The non-fulfillment of all the conditions of the brochures have caused difficulty and sufferings to the twelve family of the complainant association. In such a situation the complainant parties are entitled for compensation.
9) The deficiency in service by the opp.party have made him liable for compensation to the tune of Rs.5,00,000/- (Rupees five lacs)only with cost of proceeding amounting to Rs.10,000/-(Rupees ten thousand) only which is payable within 45 days to the complainant , failing which an interest @12% per annum to be paid on the decreetal amount till realization.
Given under our hand and seal of the District Forum, Kamrup, this the 5th day of January,2021.
Smt A.D.Lahkar Md J.Islam Shri A.F.A Bora
Member Member President
