State Consumer Disputes Redressal Commission
Shri Ashok Kumar Shivpuri vs Shri Ashok B Chajjar on 4 April, 2018
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Appeal No.A/16/54
(Arising out of order dated 27/11/2015 passed by D.F.Addl.Thane in CC/12/277)
Mr.Ashok Kumar Shivpuri
Arihant Sparsh, Plot no.702
7th floor, Plot nos.13 & 14
Sector 26,Vashi
Navi Mumbai 400 703 .....Appellant
Versus
Mr.Ashok B.Chajjar, CMD
Arihant Enterprises, Plot no.302
3rd floor, Persopolis Building
Sector 17,Vashi, .........Respondent
Navi Mumbai 400 705
BEFORE: Justice A.P.Bhangale, President
Dr.S.K.Kakade, Member
PRESENT:Appellant present in person
Ms.Gunjan Jayakar-Advocate for respondent.
ORAL ORDER
Per Hon'ble Justice A.P.Bhangale, President
By this appeal, appellant has questioned validity and legality of the impugned judgment and award which was passed on 27/11/2015 in consumer complaint no.277/2012 by Learned Additional District Consumer Disputes Redressal Forum, Thane. According to appellant, who is appearing in person, in the brochure which was published by the builder/ opponent on the basis of which complainant had booked the flat, certain written assurances were given inside the flat. Our attention is invited to brochure published by M/s.Arihant Enterprises, Persopolis Building, Sector 17 at Vashi, Navi Mumbai. The brochure assured amenities and facilities inside the home as under:-
"Flooring Choice from selected Italian Marble, Marble cladding in Bathroom, Height of approximately 11 ft. on each floor, UPVC Window, Split A.C. in all bedrooms and living room, Video Door Security System with Camera at Entry Gates,4 Burner Gas Hob, Exhaust Chimney, Water Purifier, Kitchen Waste Crusher& Dishwasher, High End Premium Quality C.P. Fittings and Branded Sanitary ware, Bath Tub, Shower Cubicles in Master Toilets, Luster Pain with POP in all rooms, Granite Top Kitchen Platform, Full tiles above Platform, concealed wiring with ample electrical points and modular switches, Aluminium sliding windows and Mosquito nets with Tinted Glass, Ceramic flooring on attached terraces, Inverter Setup for minimum lighting in all rooms, High Quality doors and hardware, water Geyser/Boilers and Exhaust Fans in Toilets."
According to appellant who is original complainant, there is no dispute that on 15/04/2012 physical possession of flat no.702 was given to the complainant in the said building but without assured amenities and facilities mentioned as above. Appellant also pressed for higher compensation than awarded by the learned Forum below. We find that learned Forum while passing an award directed opponents to provide facilities at their expenses alike sample flat in the same building 'Arihant Sparsh' situated on first floor. The facilities as mentioned above ought to be incorporated in the operative order impugned in this appeal so that builder shall provide facilities accordingly and satisfaction be recorded by learned Executing Forum that all such facilities as were assured in the brochure inside the home are provided. The complainant shall record his satisfaction when all such amenities are provided and builder shall submit written undertaking before learned executing forum that such facilities would be provided as were mentioned in the brochure. We however do not disturb the order of compensation on account of mental anguish granted in the sum of Rs.25,000/-, which appears just and sufficient as also costs of litigation in the sum of Rs.10,000/-, since complainant is adequately protected regarding payment of compensation and default clause was inserted into the award, which obliged opponent to pay the amount with interest in case of failure or non-payment as directed in the award. We therefore dispose of this appeal as partly allowed as above. Inside home brochure facilities shall be provided by the builder as directed accordingly in respect of flat no.702 in 'Arihant Sparsh' building on 7th floor. According to learned advocate for respondent, respondent had offered payment of compensation but appellant had refused to accept the amount. If that is so, evidence in this regard be furnished to executing forum so that opponent may be relieved of burden of interest. Copies of the order be furnished to the parties.
Pronounced on 4th April, 2018.
[Justice A.P.Bhangale] PRESIDENT [Dr.S.K.Kakade] MEMBER Ms