ORAL

     STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                    COMPLAINT NO. 145 OF 2018

Rakesh Kumar Pandey

S/o Sri Pashupati Nath Pandey

R/o Flat No. 701, Block-H

Ganga Apartment, Gomti Nagar Ext.

Lucknow

                                                                                    ....Complainant

                                                          Versus

Supertech Limited

Having registered office at 1114

11^th Floor, Hemkunt Chambers

89, Nehru Place, New Delhi-110019

Through its Managing Director

                                                                                     ....Opposite Party

BEFORE:

HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Complainant        :  Sri Ambarish Kaushal holding brief of Sri

                          Sachin Srivastava, Advocate.

For the Opposite Party     :  Sri Piyush Mani Tripathi, Advocate.

Dated :  01-10-2021

                                              JUDGMENT

PER MR. JUSTICE ASHOK KUMAR, PRESIDENT

Heard Sri Ambarish Kaushal holding brief of Sri Sachin Srivastava, learned Counsel for the complainant and Sri Piyush Mani Tripathi, learned Counsel for the opposite party and perused the record.

This complaint is filed by the complainant Sri Rakesh Kumar Pandey against the opposite party Supertech Limited with the following prayer :-

1. To pay interest at @ 2% on the entire deposited amount from the respective date of deposit till the date of actual physical possession to the Complainant.
2. To pay Rs. 5,00,000/- (Rs. Five lakhs) towards damages for mental physical, and economic sufferings/agony.
3. To pay the cost of complaint to the complainant amounting to Rs.50,000/-
4. Any other relief which the Hon’ble Commission may deem fit and proper in circumstances of the present case.

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From the bare perusal of the complaint it is clear that the opposite party has allotted a Flat No. 1003, Block-CV7 having super area 930 sq.ft. to the complainant at the cost of Rs.52,37,440/-.

It is submitted by the learned Counsel for the complainant that the requisite registration money has been paid by the complainant on 24-10-2014 and thereafter the entire money towards the cost of the flat was paid to the opposite party. In the agreement which was entered into between the parties Clause-24 provides that the delivery of the allotted flat will be given by the opposite party to the complainant in the month of March, 2016.

The submission of learned Counsel for the complainant is that this fact is not disputed that the flat was handed over to the complainant and the Sub-lease Deed was executed in favour of the complainant by the opposite party on 06-09-2017. The submission of the learned Counsel for the complainant is that even after execution of Sub-lease Deed and handing over the possession of the flat in question, the defects as well as necessary amenities, which were assured are not provided, likewise bath room fittings including commode as well as other items. The complainant sent the various mails to the opposite party lodging his grievance, however, no heed was paid, therefore, the instant complaint has been filed.

Learned Counsel for the complainant submits that the evidence in the shape of affidavit has been filed of which the reply was also filed and alongwith evidence in the shape of affidavit certain photographs of the flat in question are also placed on record which are available at page-30 to 34. The said evidence in the shape of affidavit has been filed on 13-08-2018 i.e. after 14 months from the date of Sub-lease Deed executed by the opposite party.

From the perusal of the photographs enclosed alongwith the evidence in the shape of affidavit, it is clear that the flat in question was not at all in habitable condition and it is informed by the learned Counsel for the complainant that still the condition of the flat is as bad as it was handed over and, therefore, the complainant is not able to reside in the aforesaid flat. The same is lying vacant since last more than four years.

Having heard the learned Counsel for the parties and after going

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through the material available on record in my opinion the complaint is  liable to allowed in part. The opposite party is directed to complete the work which is assured forthwith or to pay sum of Rs.2,00,000/- towards damages for mental, physical and economic suffering/agony within a period of one month (30 days).  

                                    ORDER

The complaint is allowed in part. The opposite party is directed to complete the work which is assured otherwise will pay sum of Rs.2,00,000/- towards damages for mental, physical and economic suffering/agony within a period of one month (30 days).

With the aforesaid order the complaint is finally disposed of.     

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission today itself.    

                                         ( JUSTICE ASHOK KUMAR )                

                                 PRESIDENT                                            

           Pnt.