Indian Kanoon - Search engine for Indian Law

[12]    So far as other reliefs are concerned, in terms of the architects report for defects and deficiencies in service, the Complainant Society has claimed an amount of `11,32,000/-. 

Architects report is dated 12/5/2008 and as per the architect, by name Mr. Shrikant Hadke; there had been some defects/ deficiencies in completion of the construction for which, he had assessed the cost of repairs at `11,32,000/-. 

However, Occupancy Certificate was issued by the concerned municipal authorities on 14/11/2006.  This is an admitted position.  Once Occupancy Certificate is issued, from that date within a period of two years one has to complain of deficiency in service or defects in construction or any other grievance by filing a consumer complaint.  But this complaint as has been filed in the year 2009 is complaining of defects and deficiencies noted by the architect in his report dated 12/5/2008.  We cannot rely upon this report of the architect for the simple reason that this architect was appointed by the Complainant Society on 22/4/2008, whereas earlier consumer complaint filed by the Complainant Society, which was rejected on technical grounds, was filed in the year 2007 being Consumer Complaint No.140 of 2007.  In that complaint, report of this architect was not relied upon because at that time, this architect was not at all appointed.  It means that to file a consumer complaint, the Complainant Society appointed Mr. Shrikant Hadke on 22/4/2008 and he submitted report about deficiencies on the part of the Opposite Parties on 12/5/2008.  This is nothing but an afterthought.  This report cannot be looked into or taken into account because within two years from the date of Occupancy Certificate this report was not got procured by the Complainant Society.  After a period of four years since the date of Occupancy Certificate, this report was procured to claim additional amount of `11,00,000/-

by way of deficiencies and defects in construction carried out by the Opposite Parties.  It is for this reason, we hold that what-ever recommendations have been made by the architect Mr. Hadke will have to be turned down or overlooked for the reason that within two years from the Occupancy Certificate these defects were not pointed out by filing any consumer complaint.  Prescribed period for making out grievance in respect of deficiencies or defects on the part of the service provider is two years from the date of Occupancy Certificate because on that date one is entitled to occupy the premises and before occupying the tenement one has to inspect the premises and one may come to know on inspecting the premises what are the lacunae, defects or deficiencies left in the construction made by the service provider.  So in our considered view, no relief can be granted in favour of the Complainant Society relying upon the architects report dated 12/5/2008.