State Consumer Disputes Redressal Commission
Green Garden Kalyan Samiti vs The Surendra Construction Builder & ... on 15 January, 2018
CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G.)
Complaint Case No.CC/2013/04
Instituted on : 23.03.2013
Green Garden Kalyan Samiti,
A-12, Amaltash, Green Garden,
Mungeli Road,
Bilaspur (C.G.) ... Complainant.
Vs.
The Surendra Construction
Builder & Developer Sanjeev Singh,
Green Garden, Mungeli Road,
Bilaspur (C.G.) ... Opposite Party
PRESENT: -
HON'BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT
HON'BLE SHRI D.K. PODDAR, MEMBER
HON'BLE SHRI NARENDRA GUPTA, MEMBER
COUNSEL FOR THE PARTIES: -
None for the complainant.
Shri Mukesh Sharma, for the opposite party.
ORDER
Dated : 15/January/2018 PER :- HON'BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT. The complainant has filed this consumer complaint under Section 17 of the Consumer Protection Act, 1986 against the O.P. seeking following reliefs :-
(1) Payment of cost of construction of construction of the over head tank and other unfulfilled facilities to the Green Garden Kalyan Samiti with interest. Estimated about Rs.80,00,000/- (Rupees Eighty Lakhs) // 2 // (2) Handing over the management and administration of Children Swimming pool, health club with facility of multi gym and other equipment, table tennis and card play room.
(3) Damages for harassment and mental agony assessed at Rs.15,00,000/- (Rupees Fifteen Lakhs).
(4) Cost of the present proceedings.
(5) Further and other reliefs as the complainant is entitled to.
2. Briefly stated the facts of the complaint of the complainant are that the complainant, Green Garden Kalyan Samiti is a registered body under the Societies Registration Act, 1960. The Society was registered in 2010 for ostensible purpose of taking care of the welfare of the allottees in the Green Garden Colony floated by O.P. Surendra Construction. The Green Garden Colony project was commenced by the Surendra Construction in the year 2004-05. The complainant alleged that in this project O.P. got the layout passed by manipulating respective State authority, it is alleged that, by influence the O.P. builder have passed the project under the nose of the State authority and incorporated each and every obligations a builder have to fulfill in housing project, proving it true that if the blind lead the blind, both fall into the ditch. Under this Scheme, the O.P. offered five different types of houses and apartments. In first phase he projected to develop Amaltas, Gulmohar, Palash and Silver Oak. Out of these Amaltas, Gulmohar are individual // 3 // and Palash G+1 types houses and Silver Oak is an apartment. In 2006, the O.P. got the layout passed by the respective authority for second phase to develop Chinar which consisted duplex type house. In the year 2008 O.P. building proposed to develop mooshri in phase three. Later Nilgiri apartment was also constructed which right from the beginning is in dispute by some or the other person. The O.P. has promised to all the service rendering consumer that he will handover the houses in twelve months, which he did not able to complete it. Every project got delay due to his defective approach towards the housing Scheme, complainant has mastered in the art of procrastination of keeping up with yesterday. Because of deficiency in services by the O.P., the complainant is facing great adversity in day to day life. The O.P. had published the pamphlets and broachers mentioning exclusive advantages of Green Garden like - (1) Twenty four hour security, with intercom facility to all the residences surrounded by the seven feet tall wall with single gate entry (2) Roads and pathways-roads with pedestrian pathway making the road dust fre and 1.5 long joggers track (3) Street light for road, pedestrian light and fountain light in garden (4) Twenty four hours water supply and separate connection for drinking water (5) Swimming pool for children, health club with club with facility of multi gym and other equipment, table tennis and cards play room (6) Space for Yoga and spiritual meditation centre (7) Multi utility arcade to cater daily needs etc. Further it is mentioned on the layout // 4 // O.P. builder has promised to build the over head tank for the resident for twenty four hours water supply which was not constructed will now by the O.P. builder because of which resident of Green Garden Colony are facing water supply problem day in and day out infringing the fundamental right of resident. Currently water is supplied from four pump house situated at four different locations which create lopsided water supply problem. O.P. is under statutory obligation to construct the community hall for the colony, but till now he failed to do so. The O.P. had not constructed the swimming pool for children, failed to construct pedestrian, 1.5 Kms. Joggers track has also not been provided to the resident of Green Garden Colony. Health Club with facility of multi gym and other equipment, table tennis and card playing room is under construction and has not been completed since the initiation of the colony. The above mentioned facilities has not been fulfilled by the O.P. builder and administration and maintenance of the club and other facilities has not been handed over to the Green Garden Kalyan Samiti even after colony has been handed over to Bilaspur Municipal Corporation as claimed by the O.P. It is apparent from the perusal of the brochure that many facilities has been offered by the O.P., none has been provided or constructed by the O.P. till date. False facilities had shown at the time of booking, to lure gullible persons to purchase their hard earned money in project. Representations were made in advertisement and brochure not fulfilled. The condition of the two // 5 // apartments Golden Oak and Neelgiri is not upto the mark. Firstly dealing with the apartment named Neelgiri, it has a very shocking history which had never ever happened in the history of the bizarreness. Neelgiri was building in the year 2008-09 and after three years in the year 2011 apartment got angled and is on the verge of falling down causing threat to the life of the resident of the apartments, this horrid incident turnout to be notional news entire national raised voice against the O.P. Because of the horrible incident , apartment was evicted by the residents and were homeless for many months. It was claimed by the builder that it was repaired but the apartment is still in the same defective and dangerous condition. Another apartment named Golden Oak is also facing the same problem of defective construction and use of substandard material on construction. On apartment there is a gigantic split on the foundation wall of the construction creating threat to the life of the people in and around the apartment. Letters have been written to concerned authority to inspect the premises and submit the report but till no inspection has been initiated by the authority. Complainant Samiti tried to discuss with O.P. regarding the completion of construction work and about the defective construction but the O.P. kept ignoring the initiation taken by the Samiti. At last the Samiti decided to convey the message through letter, but it was never respondent positively. The last letter written to the O.P. raising the issues was made on 26.08.2012 and various attempts // 6 // made by the Samiti earlier through letter. The O.P. intentionally duped the people at large to gain undue advantage and entered into unfair trade practice. The consideration was paid to the O.P. but several defects were left in the work. Many premises were but none have been completed. This is the case where the O.P. have left the construction in the middle and went away. There is gross deficiency in service on the part of the O.P. and he is liable to pay the cost of left out construction along with interest. Because of his negligent and irresponsible work the O.P. has also lost his construction licence from the authority and has started new construction company and attempting crime. If a builder uses sub-standard material in construction of a building or makes false or misleading representation about the condition of the construction, then it is denial of the facility of benefit of which a consumer is entitled to claim value under the Consumer Protection Act, 1986. When the contractor of a builder undertakes to erect a house of flat or colony then it is inherent in it that he shall perform his obligation as agreed to. Where the builder uses a poor quality of material for construction work or does not provide roads, school, parks etc. as promised under the Scheme of sale of its houses and flat, it amount to deficiency in service under the Act. The O.P. committed deficiency in service and unfair trade practice. Hence the instant complaint.
3. The O.P. has filed its written statement and averred that the complainant is a registered Society, registered under provisions of C.G. // 7 // Society Registration Act, 1973, but by laws of the Society is not annexed along with the Certificate. It shows that the complaint has not been filed with clean hands. The complainant has not paid any service charges to the O.P., therefore, the O.P. is not service provided. The O.P. provided its services free of charges, therefore, the O.P. is not service provider under Section 2(1)(o) of the Consumer Protection Act, 1986 and the complaint is not maintainable. The O.P. is not aware regarding the status of the complainant. The complaint is vexatious and frivolous and therefore, is liable to be dismissed. The documents filed along with complaint are not part of any agreement for services entered with the O.P. The lay out filed by the complainant along with complaint is not clear and complete. The complainant has not filed any document and the brochure filed is not related to the O.P. The construction and development of colony was carried out in accordance with the sanctions made by appropriate authority. The agreement was not executed between the complainant and the O.P. The O.P. has not committed any deficiency in service, hence, the complaint is liable to be dismissed.
4. The complainant has filed documents. Annexure A-1 is copy of the registration certificate of the Green Garden Colony, Annexure P-2 is copy of the brochure of Green Garden Colony, Annexure P-3 is copy of the layout of the Green Garden Colony, Annexure P-4 is copy of the newspaper cutting showing defective construction, Annexure P-5 is // 8 // copy of letter written to the concerned authority, Annexure P-6 is copy of letters written by the Samiti to the O.P. The complainant has also filed photographs, letter dated 28.03.2014 sent by the Assistant Public Information Officer, Municipal Corporation, Bilaspur to Shri D. Shridhar Babu, letter dated 19.03.2014 sent by Building Officer, Municipal Corporation, Bilaspur to Assistant Information Officer, Municipal Corporation, Bilaspur (C.G.), receipt dated 3.4.2013 issued by Municipal Corporation, Bilaspur to D. Shri Dhar Babu, letter dated 23.03.2013 sent by Assistant Information Officer, Municipal Corporation, Bilaspur to Shri D. Shridhar Babu, letter dated 15.03.2013 sent by Building Officer, Municipal Corporation, Bilaspur to the Assistant Information Officer, Municipal Corporation, Bilaspur (C.G.), Registration Certificate, Public Meeting etc.
5. The O.P. has filed documents which are letter dated 07.07.2012 sent by Public Information Officer, Assistant Registrar, Firms and Society, Bilaspur Division C.G., Memo for registration of the Societies, Rules, copies of possession letters.
6. None present for the complainant on the date of final hearing 27.11.2017 and 23.12.2017. Looking to the facts and circumstances of the case, the complaint has not been dismissed on default and argument of learned counsel for the O.P. is heard.
// 9 //
7. Shri Mukesh Sharma, learned counsel appearing for the O.P. has argued that the complainant is a registered Society, registered under provisions of C.G. Society Registration Act, 1973, but by laws of the Society is not annexed along with the Certificate. It shows that the complaint has not been filed with clean hands. The complainant has not paid any service charges to the O.P., therefore, the O.P. is not service provided. The O.P. provided its services free of charges, therefore, the O.P. is not service provider under Section 2(1)(o) of the Consumer Protection Act, 1986 and the complaint is not maintainable. The O.P. is not aware regarding the status of the complainant. The complaint is vexatious and frivolous and therefore, is liable to be dismissed. The documents filed along with complaint are not part of any agreement for services entered with the O.P. The lay out filed by the complainant along with complaint is not clear and complete. The complainant has not filed any document and the brochure filed is not related to the O.P. The construction and development of colony was carried out in accordance with the sanctions made by appropriate authority. The agreement was not executed between the complainant and the O.P. The O.P. has not committed any deficiency in service, hence, the complaint is liable to be dismissed.
8 We have heard Shri Mukesh Sharma, learned counsel appearing for the O.P. and have perused the documents filed by the parties in the complaint case.
// 10 //
9. The O.P. has filed an application under Section 13(4) of the Consumer Protection Act,1986 for filing documents by the complainant. The application was partly allowed and the complainant was directed to file the documents i.e. the Agreement executed between the complainant and the O.P., and list of members of the complainant society. Rest of the prayer of the O.P. was rejected. On 22.07.2017, the complainant has filed documents, on 18.8.2017, the complainant was again directed to file documents in accordance with the prayer made by the O.P. in the application dated 29.04.2017. On 27.09.2017, the complainant filed an application stating that all documents, which were in possession of the complainant, were already filed by the complainant and no other documents are in possession of the complainant.
10. In para 2 of the complaint, the complainant has pleaded that The O.P. had published the pamphlets and broachers mentioning exclusive advantages of Green Garden like - (1) Twenty four hour security, with intercom facility to all the residences surrounded by the seven feet tall wall with single gate entry (2) Roads and pathways-roads with pedestrian pathway making the road dust fre and 1.5 long joggers track (3) Street light for road, pedestrian light and fountain light in garden (4) Twenty four hours water supply and separate connection for drinking water (5) Swimming pool for children, health club with club with facility of multi gym and other equipment, table tennis and cards play // 11 // room (6) Space for Yoga and spiritual meditation centre (7) Multi utility arcade to cater daily needs etc. Further it is mentioned on the layout O.P. builder has promised to build the over head tank for the resident for twenty four hours water supply which was not constructed will now by the O.P. builder because of which resident of Green Garden Colony are facing water supply problem day in and day out infringing the fundamental right of resident. Currently water is supplied from four pump house situated at four different locations which create lopsided water supply problem. O.P. is under statutory obligation to construct the community hall for the colony, but till now he failed to do so.
11. In para 3 of the complaint, the complainant has pleaded that The O.P. had not constructed the swimming pool for children, failed to construct pedestrian, 1.5 Kms. Joggers track has also not been provided to the resident of Green Garden Colony. Health Club with facility of multi gym and other equipment, table tennis and card playing room is under construction and has not been completed since the initiation of the colony. The above mentioned facilities has not been fulfilled by the O.P. builder and administration and maintenance of the club and other facilities has not been handed over to the Green Garden Kalyan Samiti even after colony has been handed over to Bilaspur Municipal Corporation as claimed by the O.P. It is apparent from the perusal of the brochure that many facilities has been offered by the O.P., none has been provided or constructed by the O.P. till date. False facilities had // 12 // shown at the time of booking, to lure gullible persons to purchase their hard earned money in project. Representations were made in advertisement and brochure not fulfilled.
12. The O.P. denied the above averments of the complainant and pleaded that the O.P. was granted permissions in phases, for carrying out development in areas known as Green Gardens, Mungeli Road, Bilaspur, but the O.P. has not specifically denied the allegations made by the complainant.
13. The complainant filed Registration Certificate of the Society. The Society was registered on 20.10.2010 under the provisions of C.G. Society Registration Act, 1973. The complainant also filed Brochure in which is it mentioned thus :-
"Exclusive Advantages of Green Gardens Security 24 hours Security staff on duly at main gate and inside the Campus with intercom facility to all the residences campus surrounded by boundary wall with single gate entry.
Green Campus Beautifully landscaped central garden "Rudrakh Vatika", playing equipments for children, water fountains and ample sitting spaces .
Roads and All weathered roads with pedestrian pathways Pathways making the roads dust free 1.5. Km long joggers track.
Campus Lighting Desired street light for well illuminated roads, // 13 // pedestrian lights and fountain lights in garden.
Water Supply and 24 hours water supply and separate connections for Drinking water.
Drainage Fully covered drainage system to stop foul smell in the campus.
Leisure & Swimming pool for children, Health Club with Health facility of multi Gym and other equipments. Table Tennis and Cards Play room.
Religious Beautiful Temple and Space for Yoga and Spiritual
Activities Meditation.
Shopping. Multi utility Shopping Arcade to cater daily needs.
School Play school inside the campus.
Society Free of cost maintenance of the campus by the
Maintenance developer upto March, 2011 in the areas of 24
hours campus security guards. Group of
Gardeners to maintain the Landscaped gardens, Group of sweepers to clean roads and Drains, Operator for intercom facility, Campus supervisor to govern society maintenance."
14. Although the O.P. denied the above brochure , but in the brochure it is mentioned "Builder and Developer Sanjeev Singh, B.E. Civil, The Surendra Constructions and the Architect : Harish Mudliare, Mudliar and Associates, is mentioned. The complainant specifically pleaded that the above brochure was given by the O.P. and the above contention is supported by the affidavit of the complainant, therefore, // 14 // the averment of the complainant that the brochure was published by the O.P., is reliable and acceptable.
15. The O.P. objected that the complainant is not consumer and the dispute between the parties is not a consumer dispute. The above contention of the O.P. had already been decided by this Commission vide order dated 21.08.2015 and this Commission held in para 13 that the O.P. is service provider and the complaint filed by the complainant is maintainable and also held that the complaint is within limitation.
16. The complainant society has made several complaints to the Commissioner, Municipal Corporation, Bilaspur regarding the defects/ deficiency in construction of the colony. The members of the Green Garden Welfare Society sent letter to the Commissioner, Municipal Corporation, Bilaspur for physical verification of the Golen Oak (multi storied building). The members of the Green Garden Welfare Society sent letter to Shri Sanjeev Singh, The Surendra Construction, Green Garden, Mungeli, Bilaspur on 31.08.2012. The complainant sent letter dated 05.10.2012 to the Commissioner , Municipal Corporation, Bilaspur regarding removal of the problems of the Green Garden Colony and informed that the construction was not completed by the O.P.
17. D. Shridhar Bau, member of the Green Gard Colony, sought information from the Municipal Corporation, Bilaspur under Right to // 15 // Information Act and vide letter dated 19.03.2014, the Bhawan Adhikari (Building Officer) of Municipal Corporation, Bilaspur gave information, in which it is mentioned thus :
1. The details regarding the R.C.C of multi storied building B Block (Golden Oak) constructed by The Surendra Construction, Mungeli Road, Bilaspur in ward No.1, Seat No.34, Block, 18, Plot No.93, Khasra No.1509, 1509/1 and other measuring 9019 sq ft.
- There is no R.C.C. details
2. B.C.C. Building Completion Certificate.
- B.C.C. Building Certificate has not been issued.
3. The information regarding the points mentioned in the
investigation report before giving Completion Certificate.
- Copy of note sheet is attached. Z-1/220/2006-07/13/09/2006 Note Sheet copy from 1 to 25."
18. The complainant filed an application under Order 26 Rule 9 CPC for appointment of Commission and Shri Suresh Kumar Sharma, Assistant Engineer, Municipal Corporation, Bilaspur, was appointed as Commissioner, who inspected the complainant society and gave his report, in which it is mentioned thus :-
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jkT; miHkksDrk Qksje fcykliqj jkT; vk;ksx dk ewy izdj.k Øekad lh-lh@13@04 xzhu xkMZu dY;k.k lfefr fo:) lqjsUnz daLVªD'ku ,aM fcYMlZ ,aM MsOgyilZ latho flag ds izdj.k dk LFky fujh{k.k izfrosnu fuEukuqlkj gS%& 1- jkT; vk;ksx dk ewy izdj.k Øekad lh-lh-@13@04 xzhu xkMZu dY;k.k lfefr fo:) lqjsUnz daLVªD'ku ,aM fcYMlZ ,aM MsOgyilZ // 16 // latho flag ds izdj.k esa tkjh vkns"k Øekad 151@dksVZ 2017 fnukad 24-01-2017 vuqlkj eq>s dfe"uj fu;qDr fd;k x;k gSA esjs }kjk mijksDr vkns"k ds ifjikyu esa xzhu xkMZu dkyksuh dk fujh{k.k fnukad 20-11-2016 dks xzhu xkMZu dkyksuh dk fujh{k.k Jh ,l-,l- Bkdqj v/;{k xzhu xkMZu fodkl lfefr rFkk Jh eqds"k "kekZ vf/koDrk] latho flag dkyksukbZtj ds izfrfuf/k ds :i esa mifLFkr jgsA 2- ekuuh; jkT; miHkksDrk Qksje fcykliqj }kjk eq>s fuEu fcUnqvksa ij LFky fujh{k.k dj izfrosnu izLrqr djus gsrq funsZf'kr fd;k x;k gSA ¼1½ czkslj esa fcYMj }kjk fn;s tkus okyh lqfo/kk dh tkap ¼2½ ys vkmV vuqlkj iznku dh tkus okyh lqfo/kk dh tkap 3- esjs }kjk fujh{k.k mijkar tkap dh xbZ ,oa fuEukuqlkj fLFkfr izdV gksrh gS& vkt fnukad 20-11-2016 dks lk;a 4%00 cts xzhu xkMZu lfefr }kjk nk;j miHkksDrk Qksje dsl gsrq LFky dk fujh{k.k fd;k x;k & fcYMj }kjk iznku fd;s x;s czkslj esa ftu lqfo/kkvksa dk mYys[k fd;k x;k gS mldk fcUnqokj fooj.k fuEukuqlkj gS %& 1- lqj{kk O;oLFkk ¼flD;wfjVh½ & fcYMj }kjk fu/kkZfjr vof/k rd lqj{kk gsrq O;oLFkk dh xbZ Fkh tks fd orZeku esa fodkl lfefr }kjk dh tk jgh gS] ;g O;oLFkk mfpr gS rFkk xzhu xkMZu dkWyksuh pkjksa vksj ls ckmaMªhoky }kjk lqjf{kr gSA 2- xzhu ikdZ ¼xzhu dSEil½ & m|ku gsrq Vkmu ,aM daVªh Iykfuax }kjk vuqeksfnr vfHkU;kl vuqlkj txg lqjf{kr gS ftlesa ikFk os cPpksa ds [ksyus gsrq midj.k gS A bl m|ku esa cSBus dh O;oLFkk gS ijUrq QOokjs dk izko/kku fcYMj }kjk ugha fd;k x;k gSA ;g lqfo/kk orZeku esa djkus esa yxHkx jkf"k :- 5-50 yk[k dk O;; gksxk A ¼layXu izkDdyu] ,usDtj & 1 ist Øekad 1 ls 3 rd½ 3- jksM ,oa ikFk os & LFky ij ch-Vh- lM+d miyC/k gS] tkWfxax Vªsd gsrq fcYMj }kjk ukyh ds mij Q"khZ iRFkj Mkydj dOgj fd;k x;k gS ftls os tkWfxax Vªsd crk jgs gSa ijarq dkWyksuhokfl;ksa }kjk tkWfxax Vªsd miyC/k gksuk ugha crk;k x;k A fujh{k.k esa LFky ij tkWfxax Vªsd dk miyC/k gksuk ugha ik;k x;k ,oa tkWfxax Vªsd gsrq dkssbZ LFkku vfHkU;kl esa ugha gS rFkk tkWfxax Vªsd fuekZ.k ds fy, dksbZ LFky Hkh miyC/k ugha gSA // 17 // 4- LVªhV ykbZV ¼dSEil ykbZfVax½ & i;kZIr LVªhV ykbZV LFky ij miyC/k gSA 5- okVj lIykbZ & dkyksuh esa i;kZIr ek=k esa ty iznk; gsrq lqfo/kk gS] ihus ds ikuh ds fy, vyx ls dusD"ku gS] dkyksuh esa 4 cksj gS ftlls i;kZIr ek=k esa ikuh miyC/k gS ijUrq fcYMj }kjk ys vkmV esa foLrkj fd;s tkus okyh txg ij ,d okVj VSad nf"kZr fd;k x;k gS ftls fd ys vkmV Øekad 02 esa gVk fn;k x;k gSA bl rjg ls vkj-lh-lh- vksOgj gsM VSad dh lqfo/kk miyC/k ugha gS bl dkyksuh dh {kerk ds vuqlkj 50 fdyks yhVj dk vkjlhlh okWVj VSad dk fuekZ.k fd;k tkuk gksxkA orZeku esa bl izdkj ds dk;Z ds fy, yksd LokLFk; ;kaf=dh }kjk 10-50 yk[k dk dk;kZns"k Bsdsnkj dks tkjh fd;k x;k gS ¼izfrfyfi layXu gS½A bl rjg ls okVj VSad fuekZ.k esa yxHkx jkf'k :- 10-50 yk[k dk O;; laHkkfor gSA ¼,usDtj & 2 isst Øekad 4½ 6- Mªsust ,oa ukyh & fcYMj }kjk dkyksuh esa vkarfjd txgksa ij ukyh dk fuekZ.k djk;k x;k gSA vkcafVr Hkw[k.Mksa ds lkeus yxHkx 150 ehVj yackbZ esa ukyh ugha gS ftls Hkou cukus mijkar fd;k tkuk mfpr gksxkA "ks"k cph ukyh fuekZ.k ds fy, izkDdyu jkf"k :- 2- 80 yk[k dk O;; gksxkA ¼izkDdyu dh izfr layXu gS½ ¼,usDtj & 3 isst Øekad 5 ls 8 rd½ vkarfjd ukyh dks dkyksuh ds ckgj tksM+k x;k gS ijarq ckgj esa ukyh dh vuqiyC/krk ds dkj.k ikuh fudklh gsrq LFky ij lqpk: :i ls ugha gks jgh gS ftlds dkj.k o"kkZ _rq esa ikuh dk Hkjko gksrk gSA fcYMj }kjk tkudkjh nh xbZ fd muds }kjk ckg~; fodkl gsrq 'kqYd uxj fuxe esa tek gSA 7- Leisure and Health -
cPpksa ds fy, Ldwy esa ,d VSad gS ftldk Swimming Pool for Children vkdkj 4-86 oxZ ehVj gS ftls Lohfeax iwy ugha ekuk tk ldrk gSA ,oa bldk vkf/kiR; Hkh dkyksuhokfl;ksa ds ikl ugha gSA cPpksa ds fy, Lohfeax iwy vkdkj 10-40 ehVj X 5-40 ehVj fuekZ.k gsrq yxHkx 3-62 yk[k dk O;; laHkkfor gSA ¼,usDtj & 4 isst Øekad 9 ls 12 rd½ gsYFk Dyc] eYVh fte ,oa vU; midj.k Vscy Vsful gkWy] dkMZ Iys :e dh lqfo/kk orZeku esa miyC/k ugha gSA dkyksukbZtj }kjk crk;k x;k fd Future expa - IV {ks= esa ,d Dyc Fkk ftls // 18 // dkyksuhoklh dks isesaV dj esEcj cukuk Fkk ijarq dkyksuhokfl;ksa }kjk mlesa Hkkx ugha fy;k x;k blfy, bls gVk fn;k x;k gS ,slk dkyksukbZtj ds izfrfuf/k }kjk tkudkjh nh xbZA pwafd ;g lqfo/kk orZeku esa vuqiyC/k gS ftls miyC/k djkus esa gkWy fuekZ.k 5-00 yk[k :- rFkk Vscy Vsful] fte lkexzh ,oa dkMZ Vscy ps;j Ø; gsrq 1-91 yk[k dk O;; laHkkfor gSA bl izdkj bu lqfo/kkvksa ds fy, :- 6-91 yk[k dk O;; gksxkA ¼,usDtj & 5 isst Øekad 13 ls 18 rd½ 8- /kkfeZd xfrfof/k;ka & xzhu xkMZu dkyksuh esa fcYMj }kjk eafnj cuk;k x;k gS vr% ;g lqfo/kk miyC/k gS A 9- O;olkf;d xfrfof/k;k & "kkWfiax gsrq LFky ij dksbZ izko/kku ugha gS uk gh uxj rFkk xzke fuos"k }kjk Lohd`r vfHkU;kl esa "kkfiax dk izko/kku ugha fd;k x;k gSA 10- Ldwy & dkyksuh ls yxk gqvk ,d Ldwy gS tks fd Qsaflax {ks= ds vanj fLFkr gSA 11- lkslk;Vh esaVusal & dkyksukbZtj ds izfrfu/k }kjk tkudkjh nh xbZ fd ekpZ 2011 rd dkyksuh dk j[k j[kko muds }kjk fd;k x;k Fkk] tks fd orZeku esa dkyksuh ds fuokfl;ksa }kjk lfefr cukdj j[k j[kko fd;k tk jgk gSA ekuuh; jkT; miHkksDrk Qksje }kjk fn;s x;s funZs"kkuqlkj ys vkmV ds laca/k esa tkap izfrosnu fuEukuqlkj gS%& dkyksukbtj }kjk bl dkyksuh dks 4 ys vkmV esa viuh vko';drkvksa ds vuqlkj uxj rFkk xzke fuos"k esa vuqeksfnr djk;k x;k gSA fcYMj }kjk izFke ys vkmV vuqeksfnr djk;k x;k gS ftlesa Future expansion {ks= esa mUgksaus ,d vksOgj gSM okVj VSad n"kkZ;k gS ftls f}rh; ys vkmV esa vuqeksfnr ugha djk;k x;k gS rFkk bl LFky ij m|ku gsrq txg lqjf{kr j[kh xbZ gSA mijksDr ys vkmV ds vuqlkj LFky ij dqy 97 Hkw[k.M ,oa vkokl gS ¶ySV 16 $ 16 $ 24 dqy 56 ¶ySV gSA bl rjg ls dqy 153 ifjokj xzhu xkMZu esa fuokljr gSA izfr ifjokj 5 lnL; ds vuqlkj dqy 103275 yhVj ikuh dh vko';drk izfrfnu gksxh ftlds vuqlkj yxHkx 40 ls 50 gtkj yhVj dh ikuh Vadh dk fuekZ.k fcYMj dks djk;k tkuk Fkk] ijarq ;g lqfo/kk orZeku esa // 19 // LFky ij miyC/k ugha gSA bl {kerk ds vksOgj gsM okVj VSad dh tkudkjh ih-,p-bZ foHkkx ls izkIr dh xbZ muds }kjk 50 gtkj yhVj dh {kerk ds fy, o"kZ 2015 esa :i;s 10-50 yk[k rd dk;kZns"k tkjh fd;k x;k gS ftldh izfr layXu gSA mijksDr izfrosnu ds vuqlkj fuEu lqfo/kk dkyksukbZtj }kjk iznku ugha dh xbZ gS bu lqfo/kkvksa dks iw.kZ djkus ds fy, fuEukuqlkj O;; laHkkfor gS & 1- QOokjk fuekZ.k & 5-50 yk[k 2- vksOgj gsM VSad & 10-50 yk[k 3- ukyh fuekZ.k & 2-80 yk[k 4- Lohfeax iwy fuekZ.k & 3-62 yk[k 10-50 eh X 5-50 eh X 1-05 eh 5- fte lkexzh o fte Hkou & 6-91 yk[k dqy :i;s & 29-33 yk[k mijksDr lqfo/kk iw.kZ djus gsrq dqy :- 29-33 yk[k dk O;; laHkkfor gSA "
19. Suresh Kumar Sharma, Commissioner, gave detailed estimate and he specifically mentioned that the over head tank is not sufficient, drainage have not been completed, flow of drainage water is not proper and swimming pool is also not completed and possession was not given to the colony. The work which have not been completed by the O.P. is also mentioned in the report.
20. The complainant sought relief that payment of cost of construction of over head tank and other unfulfilled facilities to the complainant with interest to the tune of Rs.80,00,000/- be awarded to the complainant. Handing over the management and administration of // 20 // children swimming pool, health club with facility of multi gym and other equipment, table tennis and card play room.
21. Looking to the Commissioner's report it is just and proper to direct the O.P. to construct and complete the construction work according to the Commissioner's report within six months from the date of this order and if the O.P. will not complete the above construction works within stipulated period, then the amount estimated i.e. Rs.29.33 lakhs Rounded off Rs.30,00,000/-, as estimated by the Commissioner, be paid by the O.P. to the complainant within six months from the date of this order.
22. Therefore, the complaint of the complainant is partly allowed and it is directed that :
(i) The O.P. will complete the works, which are incomplete, as mentioned by the Commissioner in his report, within six months from the date of this order. If the O.P. will not complete the above construction works within stipulated period, then the O.P. will pay Rs.30,00,000/- (Rupees Thirty Lakhs) to the complainant for construction of the above works.
(ii) The O.P. will pay a sum of Rs.5,00,000/- (Rupees Five Lakhs) towards compensation to the complainant.
// 21 //
(iii) The O.P. will also pay a sum of Rs.50,000/- (Rupees Fifty thousand) towards fees paid by the complainant to the Commissioner.
(iv) The O.P. will pay Rs.15,000/- (Rupees Fifteen Thousand) towards cost of litigation to the complainant.
(Justice R.S. Sharma) (D.K. Poddar) (Narendra Gupta)
President Member Member
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