Madan Lal Kansal vs Dlf Homes Panchkula Pvt. Ltd., on 14 March, 2019
In the next judgment relied upon by the Counsel for the opposite parties in the case of " Jeevan Bima Nagar Flat Owners Welfare Association Vs. Life Insurance Corporation of India and Ors." 2013 (1) C.P.J. 498, there were defects in construction, which were not rectified. Plots were handed over to flat owners on "as is where is basis". Compensation was claimed by the flat owners association alleging deficiency in services. Period of seventeen years elapsed. Local Commissioner was appointed. The Hon'ble National Commission held that those who have repaired flats of their own and have made unauthorized construction cannot be treated at par with other particulars in absence of evidence of money incurred by them. However, the builder was directed to remove the defects and deficiencies in respect of each flat on getting report of President of the Welfare Association. Directions regarding construction of Entrance Gates, Office Complex and Community Hall were also issued. The Hon'ble National Commission directed the opposite parties to pay over all compensation and litigation charges. The facts of the case relied upon are distinguishable and as such are of no help to the opposite parties. In Para 53 of the judgment, the Hon'ble National Commission stated that the first sale deed was executed on 15.09.1994 and possession was given in March, 1994 to third week of September, 1994 and further no objection was raised at the time of taking of possession. However, as discussed in the preceding part of the judgment, the opposite parties have admitted their liability by paying part of compensation for the period of delay in offering possession. Further in the instant case, the complainants have taken possession of the unit, in question, under protest and claimed compensation for the delayed period.