DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.379/2014

Ms. Reena Barrud

A-101 Saffron Block,

Niho Scottish Garden,

Ahinsa Khand-II, Indirapuram,

Ghaziabad, UP-201014                                           ….Complainant

Versus

The Managing Director

Niho Construction Limited

X-22, 1^st Floor, Hauz Khas,

New Delhi-110016                                              ….Opposite Party

                                                  Date of Institution        :     25.09.2009       Date of Order     :     26.09.2018

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Naina Bakshi, Member

Briefly stated, the case of the complainant is that she is the owner of an apartment No.A-101, Saffron Block, Niho Scottish Garden, Indrapuram from four years which was built by the OP. The complainant was facing various problems, since many days mainly due to the faulty/substandard construction, massive seepage problem in her house even after complaints OP had not resolved the problems.  The seepage had destroyed the master bedroom, wooden flooring, all the walls in the bedrooms, kitchen and dinning area and also destroyed the cupboards in the dinning area, draining system is faulty, electricity has been major problems as once fire broke in the kitchen switch box due to seepage caused  from the washbasin, electricity meter is faulty and  tripping all the time because of high voltage. There is no proper security system in their apartment..  The guards are not paid their salary by the builder and they go on strike every month. Moreover, the construction material used in the building is substandard, even after four years since occupancy, there is still some incomplete work in society like lifts and community centre.  The complainant complained many times to the OP but OP refused to resolve the grievance. Hence, pleading deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the present complaint for the following reliefs:

1. Direct the OP to rectify the grievance and either get her house repaired or provide her an amount of Rs.5 lacs at the earliest so she get her house repaired.
2. Direct the OP to pay additional amount of Rs.1 lac for  monetary losses, harassment and mental agony  suffered by the complainant  due to the action of the OP.
3. Direct the OP to pay a sum of Rs.4000/- towards cost of this complaint.

When no one appeared on behalf of the OP to contest the case of the complainant the OP was proceeded exparte vide order dated 16.03.16.

 Complainant has filed her affidavit in evidence.

 We have heard the arguments on behalf of the complainant and have also carefully gone through the record.

The complainant filed the photographs of the house as Annexure-II to VIII.  Buyers agreement has been filed as Annexure-IX.  Sale deed between the parties has been filed as Annexure-X.  The complainant  filed the cutting of newspaper as Annexures-XI to XIV. The complainant  filed the estimates for damage work dated 10.07.16 by Param Construction Company. We mark the same as Annexure-A for the purpose of identification.  The complainant filed a letter dated 30.08.14 sent to the Managing Director of OP regarding deficiency in service.  We mark the same as Annexure-B for the purposes of proper identification.

OP has the knowledge about the filing of the complainant but did not chose to contest the case of the complainant.

Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the versions of the complainant.

It is evident from the record that the complainant  purchased a house from the OP and the complainant vide Annexure-B informed the OP regarding problems as detailed in the letter dated 30.08.14 but the OP  had not resolve the problems.

In view of the above we hold the OP deficient in service and direct the OP to resolve the grievance of the complainant and also pay Rs.25,000/- as compensation towards mental agony and cost of litigation within a period of 3 months from the date of receipt of copy of this order.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 26.09.18