Complaint Case No. CC/280/2019 | ( Date of Filing : 08 Apr 2019 ) |
| | 1. ALKA ARORA | W/O SH. NARESH ARORA R/O D-3/64,TOP FLOOR,SEC-16,ROHINI,DELHI-110089 |
| ...........Complainant(s) | |
Versus | 1. RAJ KUMAR GUPTA | S/O SH.CHUNNI LAL GUPTA R/O 1/415,TOP FLOOR,SEC-17,ROHINI,DELHI-110089 |
| ............Opp.Party(s) |
|
|
Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST GOVT. OF NCT OF DELHI CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088. D.No- ___________________ Date: ________________ Complaint No.280/2019 Date of Institution: 08.04.2019 Date of Decision : 17.02.2021 IN THE MATTER OF: Smt. Alka Arora, W/o Sh. Naresh Arora, R/o E-3/64, Top Floor, Sector-16, Rohini, Delhi-110089. … Complainant VERSUS Sh. Raj Kumar Gupta, S/o Sh. Chunni Lal Gupta, R/o-1/415, Top Floor, Sector-17, Rohini, Delhi-110089. ….. Opp. Party CORAM : SH. DIVYA JYOTI JAIPURIAR, PRESIDENT MS. USHA KHANNA, MEMBER SH. DIVYA JYOTI JAIPURIAR, PRESIDENT ORDER - The Complainant is the owner of top floor of House No. R/o E-3/64, Top Floor, Sector-16, Rohini, Delhi-110089 which she has purchased from one Mr. Raj Kumar Gupta (OP) on 08.07.2017 for total consideration of Rs.18,51,000/-. The OP allegedly has used the sub standard material for the construction of the said floor. The Complainant has also alleged that OP has not transferred the roof right to the Complainant and has locked the access of the roof. As a result, the Complainant is not in a position to go to the roof for even cleaning the water tank etc. the main allegation of the Complainant with respect to the said flat against the OP is as under :-
- There is water logging under the walls as well as in floor of the said property.
- The material used in floor is very ordinary even the respondent charged very high and extra to the Complainant.
- The floor was handed over to the Complainant without proper water connection, line for telephone, gas connection, without roof and almost half completed condition.
- Hence the Complainant has filed this complaint seeking following relief :-
- Allow the complaint of the Complainant and direct the respondent to pay the compensation of Rs.6,00,000/- (Rupees six lakhs only) towards the major constructional error of the floor in question.
- Direct the respondent to give roof access to the Complainant.
- Direct the respondent to pay the compensation of Rs.2,00,000/- (Rupees two lakhs only) against the mental agony, losses and against the expense already done by Complainant.
- Direct the respondent to pay the cost of this litigation Rs.75,000/- (Rupees seventy thousand only).
- Pass any other or further order as this Hon’ble Court may deem fit and proper.
- A notice was issued to the OP and same was duly served upon him. Despite that the OP failed to appear before this Court. Hence, vide order dated 03.02.2019 the OP was proceeded exparte. Thereafter the Complainant has filed ex-parte evidence by way of affidavit. We have heard the arguments addressed by Complainant.
- The Complainant has relied upon the agreement between the Complainant and OP to establish the ownership of the flat in question. The agreement to sell dated 14th August, 2018 has been duly signed by both the parties and has also been duly notarized. The OP has executed the indemnity bond in favour of the Complainant and has also handed over the possession to the Complainant with possession letter executed on the same date.
- Regarding the construction quality of the said floor, the Complainant has annexed photographs of the walls inside the house which clearly indicates water seepage and damage of the walls owing to the said seepage. Other photographs also contains the similar kind of damages.
- The Complainant has also filed copy of legal notice sent to the OP which was not replied by the OP.
- I have gone through the material on record and heard the arguments of the complainant. The averments made by the Complainant is duly supported by the affidavit as well as photographs. The OP chose not to appear before this Forum despite service and hence we have no other option but to hear the version of the Complainant. However, from the record, affidavit and photographs annexed by the Complainant, we are of the clear opinion that there is deficiency of service by the OP on the account of poor construction of quality and also on account of water seepage from the roof in the said floor.
- Hence while holding OP deficient in not providing service and also guilty of unfair trade practice, we direct the OP as follows:-
- OP is directed to immediately repair the house of the Complainant without charging any extra amount within a period of eight weeks from the date of receipt of this order and ensure that proper water proofing treatment is done and no water seepage is possible in the flat of the Complainant, failing which, the OP shall be liable to pay a sum of Rs.5,00,000/- Rupees five lacs only) to the Complainant in lieu of the repair work. The payment will be made within two weeks after the expiry of eight weeks period as stated above.
- The OP is also directed to allow the access of the roof to the Complainant on reasonable time on day to day basis without charging any extra cost. The OP shall not create any hindrance to the Complainant in accessing to the roof.
- The OP is also directed to pay Rs.1,00,000/- (Rupees one lakh only) as compensation and litigation cost to the Complainant within a period of two weeks from the date of receipt of this order.
- If OP fails to comply with the order, he shall be liable to pay interest @9% from the date of order till date of actual payment.
- With above direction, this complaint is disposed of.
- A copy of this order be sent to both the parties free of cost.
- This order be uploaded on the website.
- File be consigned to Record Room.
(USHA KHANNA) (DIVYA JYOTI JAIPURIAR) MEMBER (PRESIDENT) | |