DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,GURGAON-122001.
Consumer Complaint No: 175 of 2014 Date of Institution: 03.06.2014 Date of Decision: 13.11.2015.
- Rahul Agarwal s/o Sh. B.M.Agarwal
- Sonia Agarwal w/o Sh. Rahul Agarwal
Residents of Cha 16, Manu Marg, Housing Board, Alwar, Rajasthan presently resident of Gurgaon.
……Complainants.
Versus
The Shanti Niketan Cooperative Group Housing Society Ltd, Plot No.GH-1, Sector-52, Gurgaon through its President.
..Opposite party
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Prateek Aggarwal, Adv for the complainant.
OPs exparte
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainants, in brief, is that they are the bonafide members of the society vide Share Certificate No.198 dated 05.02.2009. The opposite party society made allotment of Flat measuring 2050 sq.ft in the society’s building called “Souvenir Apartments” vide letter dated 05.02.2009. The opposite party society erected structure of building but the construction work has been stopped abruptly by it since more than two years and no work has been started despite repeated requests made by the complainants and other members to complete the society building at the earliest and hand over the possession of the flat in question but the opposite party society evaded the matter on one pretext or the other just to delay the construction work. Thus, opposite party society also failed to provide/hand over the possession of the flat and is deficient in providing services to the complainant. The complainant prayed that the opposite party be directed to hand over the actual, vacant and physical possession of the flat and to pay compensation on account of harassment and mental agony and litigation charges. The complaint is supported with an affidavit and the documents placed on file.
2 Notice of the complaint was given to the opposite party. However, opposite party failed to appear before this Forum despite service and thus, was proceeded exparte on 23.02.2015.
3 We have heard the learned counsel for the complainant and perused the record available on file.
4 After going through the facts and circumstances of the case and the evidence placed on file it emerges that the complainant has filed the present complaint against the opposite party alleging deficiency in service on the part of the opposite party and sought relief for directing the opposite party to complete the construction and to pay compensation on account of harassment and mental agony with litigation charges. Learned counsel for the complainants has also placed reliance on Virender Jain Vs Alaknanda Coop. Group Housing Society Ltd., (2013) 9 SCC 383 to prove their contention that a complaint is maintainable against a society before Consumer Forum and complainants fall under the definition of “consumer” as defined u/s 2(1)(d) of Consumer Protection Act, 1986.
5 However, the opposite party remained exparte.
6 In order to substantiate their case the complainants have placed on file documents Ex.C-1 to Ex.C-7. Learned counsel for the complainant has argued that the opposite party has not constructed the flat completely and has stopped the construction work despite the fact that the stipulated period has already been expired. The opposite party has not come before this Forum to contest the complaint and thus, the evidence of the complainant goes unrebutted and as such we are inclined to hold that there was deficiency in service on the part of the opposite party. 7 We direct the opposite party to complete the construction and to hand over the possession of the flat to the complainant as soon as possible and preferably within six months. The complainants are also entitled to compensation of Rs.10,000/- for harassment and mental agony besides Rs.3100/- as cost of litigation. The compliance be made within the above stipulated period.
The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
13.11.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
