IMPORTANT POINT
Assurance given in the brochure is the initial promise made based on which the flat purchaser makes a decision whether to purchase the subject flat or not.

ORDER

M. Shreesha, Member

Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short “the Act”) is to the order dated 04.04.2018 in Appeal No. A/16/54 passed by the Maharashtra State Consumer Disputes Redressal Commission (in short “the State Commission”). By the impugned order the State Commission has partly allowed the Appeal filed by the Complainant observing as follows:

“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.”

2. The Additional Thane District Consumer Disputes Redressal Forum, Belapur, Navi Mumbai (in short “the District Forum”) has observed as follows:

“The Complainant has argued that the opposite party did not provide any facility in the flat of the complainant as was agreed and also the material used is sub-standard. On the other hand the argument made by opposite party is that there is no deficiency in service given by the opposite party. The report submitted by the Court Commissioner does not support the complaint complainant. From this it is proved that the accusations made by Complainant are baseless the proofs submitted by both the party’s are perused by the Forum. The complainant with reference to various facilities has stated in this proof that opposite party did not provide the said facilities to the Complainant. The Complainant has stated that opposite party has used sub standard material while constructing the Flat of Complainant. The Complainant has submitted certain Photographs of flat in Documentation. It is important to note at this point that Mrs. Mausumi Sengupta was appointed as the Court Commissioner by Forum. She has submitted her Report to the Forum. It is observed from the Report that Complainant did not co-operate with the Court Commissioner when she was inspecting the Flat of the Complainant. The Complainant did not permit her to inspect the Flat. This way Complainant has himself prevented factual position of his Flat to be placed b