| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 22 of 2017 Smti. Aparna Nag Resident:- Suprava Apartment, Flat No. 4C, Durgasankar Lane, Ambikapatty, Silchar.Complainant. -V/S- Sri Pran Krishna Das, S/o Lt. Phanindra Kumar Das, Resident of Kamala Road, Silchar-5, Proprietor of M/S D.L. Construction. Having its Registered office at Shillongpatty, Silchar-1 ……………… Opp. party Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Sri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared: - Ms. Sarmistha Paul (Bhartia), Advocate for the complainant. Ms. Tuhina Sarma Advocate for the O.P Date of Evidence 07-12-2017, 20-02-2018 Date of written argument 29-03-2018 Date of oral argument 15-09-2018 Date of judgment 08-10-2018 JUDGMENT AND ORDER Sri Bishnu Debnath - The complainant purchased a flat No.4C on 27-05-2013 vide sale Deed No. 1440 in the Suprava Apartment, Durgasankar Lane, Ambicapatty, Silchar following with sale agreement. The complainant took possession of the flat on the date of registration of the flat. But the O.P/builder though took extra proportionate amount of Rs.20,000/- for installation of transformer and Rs.3,000/- for installation of C.T. Meter but installed a low capacity transformer. However, the O.P took proportionate amount of Rs.30,000/- from the complainant for installation of a lift but installed a lift having capacity of 3 (Three) persons only. Not only that but also as per agreement, the O.P not yet hand over possession certificate and also failed to install common electric connection for lift, stair-case etc. The O.P also did not provide gate security and yet to completed the painting of the building.
- For the above, the complainant is facing inconvenience. Hence, brought this case for award of compensation for disservice and for direction to install proper lift, transformer, common electric connection and to hand over possession certificate and to complete the painting.
- In this case the complainant also brought a fact that the O.P is unauthorizedly constructed building on the rooftop of the Apartment and rented to unsocial person who are continuously disturbing the complainants and other in dwellers of the said apartment.
- The O.P Sri Pran Krishna Das, the builder has submitted W/S. In the W/S he admitted the fact of taking extra money as stated in the complaint. But he took plea that the transformer, C.T. Meter and lift already installed.
- So far as allegation regarding painting of the building is concern he admitted that painting of the building is not yet completed but work is going on and as soon as work will be completed the occupation certification will be obtained and hand over to the complainant. However, for common electric connection and maintaining the gate security he pleaded that it is the responsibility of the flat owners. However, to justify the alleged unauthorized construction on rooftop, he stated the matter is pending before the Silchar Municipality Board.
- During hearing the complainant submitted deposition supporting affidavit and exhibited some documents. The O.P also submitted his deposition. After closing evidence both sides’ counsels submitted written argument.
- I have perused the material on record, written argument and evidence.
- In this case so far as allegation regarding installation of low power transformer I do not find any iota of evidence to conclude what is the exact power of the transformer which has been installed and it is also not available from the evidence on record as what is the required connected load on the aforesaid Apartment. However, it is a fact in view of evidence on record that the transformer has been installed but at the same time I do not find any fact in this case as how and in what manner the complainants are facing inconvenience for installation of the transformer. Moreover, in the evidence on record I do not find any specified Kilo watt of transformer to be installed. Hence, the allegation regarding low powered transformer and C.T. Meter are not established in favour of the complainant.
- It is also admitted fact that lift has been installed but the complainant is trying to establish a fact that the lift was installed by violating agreement. But I do not find specific evidence regarding specific sized and capacity of lift. Moreover, there is no standard Fixed by Govt. in respect of size, power etc. of lift to be installed in a multistoried Apartment. That is why, the plea taken by the complainant regarding narrower lift is not tenable in the eye of low.
- The allegation of not installing common electric connection and gate security are not admitted by the O.P. The O.P took plea that to install common electricity connection is a responsibility of the flat owner. In that aspect, I have gone through the evidence on record but no iota of evidence is found to say that the O.P is to take responsibility to install common electric connection for lift, stair case light, water pump etc. Hence, in my considered view the flat owner must form a society to maintain the common electricity as well as maintaining the security in the common gate.
- However, it is admitted by the O.P that painting of the building is not yet completed and occupation certificate is not yet handed over. So here I find laces or negligence of the O.P to complete the painting work. But without any justified caused delayed the completion of the said work, for which it is causing more delayed to hand over possession certified/occupation certificate. Thus, agreement condition violated.
- Hence, O.P is directed to expedite the painting works to complete within 30 (thirty) days from today and for causing inconvenience to the complainant he is liable to pay compensation of Rs.10,000/- and cost of the proceeding of Rs.5,000/-. He is also asked to handover possession certificate within 45 days from today.
- So far as unauthorized construction on the rooftop of the apartment is concern, it is the matter between the O.P and Silchar Municipality Board. But in this case from agreement for sale I do not find any restrictive clause regarding further construction at the rooftop because as per agreement 50% of the rooftop is kept as property of the builder. Of course, the builder is not allowed to construct further on the 50% of the rooftop which has been kept as per agreement for the flat owner for common use without disturbing each other.
- With the above, the O.P is directed to pay the awarded amount of Rs.15,000/- to the complainant within 45 days from today. In default, interest @ 10% P.A. to be added to the awarded amount.
- Thus, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under may hand and seal of this District Forum on this the 8th day of October, 2018
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