Complainant through Adv. Kamble
Opponents through Adv. Ganjkar
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(19/10/2013)
This complaint is filed by the flat owner against the builder for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant has entered into an agreement with the opponent for flat No. 9 admeasuring 48.69 Sq. Mtrs., which is situated on 3rd floor in the scheme known as Yash Apartment. The said agreement was executed on 26/7/2007. As per the terms and conditions of the agreement, the complainants were to receive the possession of the flat within 24 months from the date of agreement. The possession of the flat was given to the complainant without completing works, the basic necessity of life, such as potable water and drainage systems, boundary wall etc. The quality of the doors and windows was not up to the mark. The quality of the construction was also poor. Painting work was not up to the mark, tiles were not properly fitted. Electrical outlets are open, common basin and tiles are not properly provided. Height of the compound wall is less than 4 ft. Completion certificate s not provided. Co-operative society is not formed. The complainants have asked compensation of Rs. 2 lacs for major repairs done by them, Rs. 50,000/- for damages caused to the person and infrastructure, Rs. 1 lac for general damages. The complainants have further asked the facilities and amenities, which are agreed n the agreement.
2] The opponent resisted the claim by filing written version. The facts as regards the execution of the agreement is not disputed. According to the opponent, the complainant did not pay entire consideration and this complaint is filed only with the intention to avoid payment of remaining consideration. It is specifically denied by
the opponent that, the material provided to the flat of the complainant is of substandard quality. It is further contended that the water tank having capacity of 12000 ltrs. Is constructed, which is more than as per norms of Corporation. According to the opponent, amount of Rs. 46,800/- was due from the complainant and that amount was demanded by the opponent and in order to avoid the payment of said amount, this false complaint is filed by the complainant. It is also denied that the completion certificate is not issued and society is not formed.
3] The complainant has filed Rejoinder-affidavit to the written version of the opponent and denied the contents of the written version. Both parties have filed written notes of argument and documents. The complainants have also filed Valuation report of Government Registered Valuer, Shri. Ravindra P. Bapat in order to substantiate their complaint.
4] After scrutinizing the documents, which are produced on the record by both the parties, and hearing arguments of both the counsels, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether complainants have proved that the opponent has caused deficiency in service by providing substandard construction to the complainant? | In the affirmative |
2. | Whether complainants have proved that the opponent has caused deficiency in service by not forming housing society and not executing conveyance deed? | In the affirmative |
2. | What order? | Complaint is partly allowed. |
REASONS :-
5] The undisputed facts in the present proceeding are that the complainant had entered into an agreement with the opponent as regards the transaction of flat in dispute. It is not in much dispute that the complainant had paid the consideration amount as per agreement. It is the case of the opponent that, the complainant did not pay certain amount as regards the additional facilities in the construction, such as Spartex tiles, aluminum windows, granite kitchen etc. But there is no agreement between the parties as regards the payment of additional cost of those amenities. Hence, this contention of the opponent can not be accepted. It reveals from the Valuation report of Government registered Valuer Shri. Ravindra P. Bapat that, the quality of the construction of the flat is not up to the mark. It has been referred in the report that there is leakage from the external wall, improper workmanship of aluminum, electrical fittings are not fitted properly, water proofing needs to be done, door shutters fittings are not properly fitted etc.
6] The opponent has produced completion certificate, which is issued by the Corporation. Hence, that grievance of the complainant is resolved. But the opponent has not produced any record to show that the conveyance deed as well as formation of society is done as per the conditions of the agreement. Hence, I held that the complainant has proved deficiency in service as regards substandard construction as well as non execution of conveyance deed and formation of society. I answer the points accordingly and pass following order.
** ORDER **
1. Complaint is partly allowed.
2. It is hereby declared that the opponent has
caused deficiency in service by providing
below standard construction and by not
executing conveyance deed and forming
housing society.
3. The opponent is directed to pay compensation
of Rs. 25,000/- (Rs. Twenty Five Thousand only)
for deficiency in service, Rs. 10,000/- (Rs. Ten
Thousand only) for mental and physical harassment
and Rs. 5,000/- (Rs. Five Thousand only) for cost
of the litigation within 6 weeks from the date of
receipt of copy of the order.
4. The opponent is also directed to execute
Conveyance deed and form the housing society
as per terms and conditions of the agreement
within 6 weeks from the date of receipt of copy
of the order.
6. Copies of this order be furnished to the parties
free of cost.
7. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 19/10/2013
