Delhi

East Delhi

CC/280/2013

AMRIT SAGAR VERMA - Complainant(s)

Versus

ROYAL TECH. - Opp.Party(s)

03 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  280/13

 

Shri Amrit Sagar Verma (now deceased)

Through his wife

Smt. Anjana Verma

R/o 354, Gagan Vihar

Delhi – 110 051                                                               ….Complainant

 

Vs.

 

1. M/s. Royal Tech

A-176, Madhuban

Delhi – 110 092

 

2. Shri Amardeep Singh Bedi

S/o Shri G.S. Bedi

R/- A-76, Madhuban

Delhi – 110 092

 

3. Shri S.S. Sahni                                                                  
4.  

R/o 348, Gagan Vihar

Delhi – 110 051                                                                ….Opponents

 

Date of Institution: 10.04.2013

Judgment Reserved on: 03.07.2017

Judgment Passed on: 04.07.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

 

JUDGEMENT

          The present complaint has been filed by Shri Amrit Sagar Verma, the complainant, against M/s. Royal Tech (OP-1),  Shri Amardeep Singh Bedi (OP-2) and Sri S.S. Sahni (OP-3) stating that the OP is a builder engaged in the business of promoting development and construction of real estate and well established in the said business.  OP-2&3 are the directors of OP-1. 

2.         Briefly stated facts of the complaint are that on 7^th August 2010,  Shri Amrit Sagar Verma, being the absolute owner of plot number 354, measuring 190 square yards approximately, situated at Gagan Vihar, entered into collaboration agreement with OP.  As per the collaboration agreement, the said property was to be completely demolished and a new structure comprising of stilt ground floor, 1^st floor, 2^nd floor and 3^rd floor was to be constructed in accordance with the rules, regulations, by-laws and norms of the concerned authority.

            It is further stated that as per collaboration agreement, OP was required to complete the construction and handover the possession within 12 months from the date of agreement with 3-4 months as a grace period.  Another agreement was also entered between the complainant and OP dated 12.09.2010. The complainant has stated that as per the terms and conditions of the agreement, OPs were bound to provide rent free accommodation till the handing over of the physical possession of the completed building and one month thereafter.  In case of delay of completion within the stipulated period, OPs were also liable to pay damages @ Rs. 1000 per day in addition to the rent free accommodation.  It is further stated that OP had the entitlement and right to sell the entire second floor up to ceiling.  The complainant has stated the terms and conditions incorporated in the agreement where OP was to pay Rs. 20,000 per month rent.  The grievance of the complainant is that OPs have failed to complete the construction as per specifications and within the stipulated period.  Thus, the complainants have alleged deficiency in services due to non completion of the construction work as well as use of inferior quality material for construction.  The complainant has also stated that OP stopped paying rent with effect from 1^st April 2012.  Legal notice dated 25th September 2012 seeking rectification/completion of the construction as per agreement was issued to OP, which was neither complied nor replied with.  Hence, the present complaint, seeking directions to OP to pay Rs. 11,79,000 including expenses to be incurred in rectification/ completion of the construction work, Rs. 5,00,000/- as compensation for mental stress, pain and agony and to get the completion/regularisation certificate, B1/B2 Forms from the concerned authorities and Rs. 55,000/- as litigation expenses.

          The complainant has annexed Collaboration Agreement dated 17.08.2010, copy of list of articles, fittings along with their specifications to be used in construction, copy of Side Agreement dated 12.09.2010, letters dated 02.04.2012, 07.06.2012, 10.07.2012 and 10.08.2012 sent by the complainant to OP by email as well as speed post, undertaking dated 08.06.2012 executed by OP-2, copy of legal notice dated 25.09.2012 along with proof of delivery and original courier receipt of legal notice. 

3.         Notice of the present complaint was issued to OP. During the pendency of the complaint, the complainant Shri Amrit Sagar Verma expired and widow of the complainant was substituted as complainant.  Amended memo of parties was filed.  However, OPs did not put appearance neither filed any reply despite service, thus, they were proceeded Ex-parte.

4.         The complainant filed Ex-parte Evidence by way of affidavit and reiterated the contents of the complaint.  Reliance was placed on Collaboration Agreement dated 17.08.2010 (Ex. CW1/1), copy of list of articles, fittings etc. (Ex. CW1/2), Side agreement dated 12.09.2010-       (Ex. CW1/3), copies of letter dated 02.04.2012, 07.06.2012, 10.07.2012 and 10.08.2012 (Ex. CW1/4 colly.), copy of affidavit/undertaking dated 08.06.2012 (Ex. CW1/5), copy of legal notice (Ex. CW1/6), tracking report of legal notice (Ex. CW1/7), courier receipt of the notice (Ex. CW1/8) and copy of photographs showing poor quality construction (Ex. CW1/9). 

5.         We have perused the material place on record.  Ex. CW1/1 is the Collaboration Agreement between the parties, as per which, OP was to handover the completed construction within a period of 12 months  and 3 to 4 months of grace period.  OP was also bound to use and install ISI (BIS) marked products.  The complainant has also placed reliance on the specifications of the material to be used in construction.  As OPs did not appear, all the allegations made against them in the complainant have remained unrebutted.  Photographs(Ex. CW1/9) filed by the complainant, also reveal that OP has failed to complete the construction as per Collaboration Agreement and the quality of material used by them was also inferior.  It is settled principle of law that once the parties have entered into an agreement, they are bound by the terms and conditions of the same. 

            Combined reading of Ex.CW1/1 and Ex.CW1/3 – Side Agreement dated 12.09.2010 shows that it was agreed between the parties that OPs shall install split AC in drawing room and AC in all the bedrooms on all the floors, Grills for all the windows, Geysers for bathroom.  Further, it was mutually agreed between the parties that OPs shall get the completion certificate, B1/B2 Form.  However, the complainant has not placed any document on record to substantiate the claim as to how calculation of claim under different heads has been arrived at, apart from photographs which are Ex.CW1/9.  So, based on the photographs, we are of the opinion that OP has failed to fulfil their part of contractual obligation resulting in deficiency in service, hence, we award lump sum amount of Rs. 5,00,000/- to the complainant for getting repairs/installation completed as per collaboration agreement.  We also award Rs. 50,000/- as compensation on account of mental agony and pain.  Further, OP is directed to get the completion certificate and B1/B2 Form from the authorities and the LRs of the complainant shall cooperate with OP.  Order be complied within 30 days from the date of receipt of order, else Rs. 5,50,000/- shall carry 9% interest from the date of order.

          Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                            (HARPREET KAUR CHARYA)

       Member                                                     Member         

       

   (SUKHDEV SINGH)

             President