State Consumer Disputes Redressal Commission
Shiv Kumar Goyal vs M/S Tdi Infrastructure Ltd. And Other on 21 January, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
Execution Application No.305 of 2019
in
Consumer Complaint No.695 of 2018
Date of institution: 22.05.2019
Date of Decision : 21.01.2020
Shiv Kumar Goyal, aged about 59 years, s/o Sh. Baikunth Nath Goyal,
r/o 4/127, Nai Abadi, Khanna, Tehsil Khanna, Distt. Ludhiana (Punjab)
....Deecre Holder
Versus
1. TDI Infratech Limited (Formerly Taneja Developers &
Infrastructure Ltd.), 10 Shaheed Bhagat Singh Marg, New Delhi -
110001, through its Chairman.
(Email: [email protected])
2. TDI Infratech Limited (Formerly Taneja Developers &
Infrastructure Ltd.), Marketing Office Sector 117, TDI City, Mohali,
District Mohali 140301, through its C.E.O.
(Email: [email protected])
......Judgment Debtors
Execution Application under Section 27 of
the Consumer Protection Act, 1986.
Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member. Present:-
For the Decree Holder : Sh.P.K. Saini, Advocate For the JDs : Sh.Puneet Tuli, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
In order to solve the controversy, whether the flat in question is in habitable condition or not, vide our order dated 19.12.2019, Sh.Sameer Mahajan, Advocate was appointed as Local Commissioner.
He has submitted his report dated 16.1.2020. The relevant part of the report reads as under:-
".....The lock of the said Flat was opened in the presence of the DH and the said Flat was thereafter duly inspected in the Execution Application No.305 of 2019 2 presence of both the parties. The Flat in question seems to be painted recently and the same was in a neat and clean condition, except a patch on wall of one bed room (duly depicted in the attached photograph, which appeared recently repaired and was drying up). The floor of the flat in question is made of Ceramic tiles as well as wooden/Vinyl flooring with wooden look. The floors were tough neat and clean. As far as the washrooms and kitchen are concerned, the sanitary fittings were found to be in a satisfactory condition barring few missing drain covers and one missing shower head. That it is submitted in one washroom, one tile which is fitted on the foot of the wall is of a different colour and in the other wash room two-three tiles next to the Water Closet had developed a visible crack.
It is further submitted that in living room one plastic handle on the sliding door connecting to the balcony was found to be broken.
The representative of the JD offered to set right the above mentioned cosmetic / minor issues before handing over the possession of the flat in question.
The photographs of the flat in question were duly taken by the undersigned which are also annexed with this report as Annexure P-B (colly).
In my opinion the said flat is in a habitable condition barring few cosmetic / minor repairs as duly detailed hereinabove....." We are satisfied with the report of the Local Commission that the flat in question is habitable flat and there may be minor cosmetic repairs, which can always be done.
In view of this, it is the duty of the DH to take the possession of the flat. It appears that the DH is intentionally avoiding to take the possession of the flat.
Learned counsel for the DH states that JDs did not provide the Completion Certificate and Occupation Certificate along with the possession. Learned counsel for the JDs undertakes to provide the Completion Certificate and Occupation Certificate to the DH at the time of possession.Execution Application No.305 of 2019 3
Learned counsel for the DH further states that there is appeal filed by the complainant is pending before the Hon'ble National Commission and if there is any modification in the order under execution by the Hon'ble National Commission then JDs be directed to comply with the same.
It will be always open to the DH to approach this Commission, if there is any modification in the order under execution by the Hon'ble National Commission to get enforced the same and it is also the duty of the JDs to enforce the order of the Hon'ble National Commission.
In view of this, this execution application is disposed of.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER (MRS. KIRAN SIBAL) MEMBER January 21, 2020.
as Execution Application No.305 of 2019 4