Skip to main content

Builder liable to rectify faults in apartment: Consumer court

In a significant judgement that should help apartment owners, the top consumer court has directed a Ghaziabad-based builder and an official of an apartment block in Uttarakhand to "atone for their deficiencies" by rectifying defects in an apartment bought by two consumers or pay them over Rs.16 lakh in compensation cost for repairs and promised discount.

National Consumer Disputes Redressal Commission Presiding Member J. M. Malik slammed Maa Jhande Wali Constructions and Anil Gupta, managing director of Ganga Residency Apartment in Uttarakhand's Tehri Garwal, for an apparently non-serious approach towards the complaint filed by the flat owners and staying away to delay the proceedings in the subordinate consumer fora.

Malik, in a recent order, offered a breather to aggrieved flat owners Parth Prathim Saha and Pankaj Roy, both residents of Tripura, and noted: "On merits, the counsel for the (builder and Gupta) admitted that they are ready to rectify the deficiencies in the apartment which was sold to the purchasers."

Rejecting the builder's and the apartment official's appeal against an Uttarakhand Consumer Disputes Redressal Commission order that was in favour of Saha and Roy, Malik said: "The case of the petitioners is found to be at sixes and sevens and, therefore, the same is hereby dismissed. No order as to costs."

Malik said the case of the builder and Gupta is that in February 2012 the latter suddenly fell ill and, therefore, could not appear before the district forum. He also could not inform his counsel and consequently, the forum proceeded ex-parte against them.

"I am not impressed by the explanation advanced on behalf of the petitioners. There is no medical Certificate which may go to depict that Anil Gupta fell ill in February, 2012, and remained sick till May 5, 2012, July 28, 2012, Oct 8, 2012 and April 5."

"According to him, he remained sick for 14 months. There is not even an iota of evidence which may go to bolster his case. The petitioners have failed to prove day-to-day delay. Their pleas are vague, evasive and lead the commission nowhere," Malik said.

Upholding the deficiency of service complaint of Saha and Roy, the national commission said: "The district forum has already ordered that builder and Apartment officials were to rectify the defects as mentioned in... the complaint or pay Rs.15 lakh to the complainant as cost of repairs and also pay Rs.1.29 lakh towards the seven percent discount as mentioned in the brochure and Rs.2,000 towards litigation expenses."

Malik said the state consumer commission dismissed the first appeal filed by the builder and the official on the ground that it was barred by a delay of 250 days.

Pointing to the casual approach of the builder and Gupta, Malik said they did not care to file the application for condonation of delay that they gave "before the state commission. However, the order passed by the state commission gives all the necessary details of the application moved for condonation of delay".

Saha and Roy filed a complaint against Maa Jhande Wali Construction and Gupta in 2011. 
The district forum passed an ex-parte order in favour of the flat buyer July 28, 2012. 
Aggrieved by the district forum's order, an application for setting aside the ex-parte order was filed before the district forum by the builder and Gupta Nov 5, 2012. The application was dismissed April 5, 2013. Aggrieved by that order the builder and Gupta preferred an appeal before the state consumer commission which was dismissed May 8. Following this, the builder and Gupta moved the national consumer commission against the state consumer commission's decision in favour of Saha and Roy.


The builder and Gupta now have the option of moving the Supreme Court against the national commission's order.

Article referred: http://news.oneindia.in/2013/07/08/builder-liable-to-rectify-fault-in-apartment-consumer-court-1254574.html

Comments

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...