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PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
MR. GURCHARAN SINGH SARAN, PRESIDING JUDICIAL MEMBER; MR. VINOD KUMAR GUPTA & MR. HARCHARAN SINGH GURAM, MEMBERS
SHIVA REAL ESTATE - Appellant
Versus
REHAN MOHASHIR & ORS - Respondents
First Appeal No. 1095 of 2013
Decided On : 21-10-2014
For the Appellant :Mr. Kulwinder Singh, Advocate.
For the Respondent:Mr. Amit Mehta, Mr. G.S. Arshi, Mr. Aksh Chetan for Mr. Ashok Sharma, Advocates.
The main legal point established in the judgment is that evidence of poor construction quality, deviations from promised specifications, and lack of amenities can lead to deficiencies in the construction, justifying a consumer complaint.
Headnote:
Deficient Construction - Consumer Complaint - Punjab Regional and Town Planning and Development Act, 1995 - [Section 3] - The court found deficiencies in the construction of the flats and upheld the complaint, citing evidence of poor construction quality, deviations from promised specifications, and lack of amenities. The court dismissed the appeals and ordered the appellants to pay the respondents.
Fact of the Case:
The complainant alleged deficiencies in the construction of a flat purchased from the respondent, including poor quality construction material, deviations from promised specifications, and lack of amenities. The District Forum found deficiencies in the construction and allowed the complaint.
Finding of the Court:
The court upheld the District Forum's finding of deficiencies in the construction of the flats and dismissed the appeals filed by the respondents.
Issues: The main issue was whether there were deficiencies in the construction of the flats as alleged by the complainant.
Ratio Decidendi: The court found evidence of poor construction quality, deviations from promised specifications, and lack of amenities, leading to deficiencies in the construction of the flats.
Final Decision: The court dismissed the appeals and ordered the appellants to pay the respondents.
ORDER :
MR. GURCHARAN SINGH SARAN, PRESIDING JUDICIAL MEMBER
1. This order will dispose of all the below mentioned eleven appeals which can be disposed of with the one order; as the opposite parties in all the appeals is same and same type of relief has been sought against the OPs in all the complaints filed against the OPs whereas the facts of the complaint has been taken from First Appeal No. 1095 of 2013. The appeals have been filed against the impugned order dated 24.7.2013 passed in Consumer Complaint No. 336 dated 16.8.2012 and others vide which the learned District Forum, Mohali allowed the complaint of the complainant with a direction to OP No. 1 to pay to the complainant a lump sum compensation of Rs. 2,25,000 towards deficient in construction, mental torture and harassment including costs of litigation whereas the complaint against OP Nos. 2 to 4 was dismissed. Details of all the appeals along with their titles are as under:
| S.No. | First Appeal No. | Party Names in the Appeal | In Consumer Complaint No. | Date of passing of the order in the District Forum |
| 1. | F.A. No. 1095 of 2013 | Shiva Real Estate Versus Rehan Mobashir & Others | CC No. 336 of 2012 | 24.7.2013 |
| 2. | F.A. No. 1096 of 2013 | Shiva Real Estate Versus Raj Kamal & Others | CC No. 373 of 2012 | 24.7.2013 |
| 3. | F.A. No. 1097 of 2013 | Shiva Real Estate Versus Avadesh Singhal & Others | CC No. 372 of 2012 | 24.7.2013 |
| 4. | F.A. No. 1098 of 2013 | Shiva Real Estate Versus Ritu Verma & Others | CC No. 325 of 2012 | 24.7.2013 |
| 5. | F.A. No. 1099 of 2013 | Shiva Real Estate Versus Satuti Pandey & Others | CC No. 334 of 2012 | 24.7.2013 |
| 6. | F.A. No. 1100 of 2013 | Shiva Real Estate Versus Pravin Ambar Singh Patil & Others | CC No. 337 of 2012 | 24.7.2013 |
| 7. | F.A. No. 1101 | Shiva Real Estate Versus Jaspreet Kaur D/o Balbir Singh & Others | CC No. 326 of 2012 | 24.7.2013 |
| 8. | F.A. No. 1102 of 2013 | Shiva Real Estate Versus Varun Kumar S/o Gopal Krishan & Others | CC No. 335 of 2012 | 24.7.2013 |
| 9. | F.A. No. 1103 of 2013 | Shiva Real Estate Versus Gurmeet Singh s/o Sarrmukh Singh & Others | CC No. 327 of 2012 | 24.7.2013 |
| 10. | F.A. No. 1104 of 2013 | Shiva Real Estate Versus Rajinder Kaur W/o Jaspal Singh Brar & others | CC No. 371 of 2012 | 24.7.2013 |
| 11. | F.A. No. 1105 of 2013 | Shiva Real Estate Versus Sarabjit Singh S/o Hardeep Singh & Others | CC No. 370 of 2012 | 24.7.2013 |
2. The complaint was filed by the complainant against the OPs on the allegations that OP No. 1 invited the applications/forms from the general public for the allotment of flats in their housing Society under the name and style of Shiva Real Estate (Comfort Homes), Chhajjumajra Road, Sunny Enclave, Kharar, District Mohali and had issued the brochure that their project is approved by OP Nos. 2 and 3 and showed the covered area of two bed room flat as 1390 sq. ft. The complainant also entered into agreement with OP No. 1 on 17.7.2010 and purchased two bedroom flat No. 37-A, 4th Floor with covered area as mentioned in the brochure and had taken the possession of the said flat after making full and final payment and sale deed was got executed and registered by OP No. 1 in favour of the complainant on 9.9.2011 whereas letter of possession was issued on 14.8.20111. After taking the possession from OP No. 1, the complainant within 3-4 months came to know that there are discrepancies in the quality of the construction and the entire building within a span of six months had come to such a dilapidated condition and it seem to be a construction of 40-50 years old as the material used in the construction work was very poor/inferior quality. It was brought to the notice of OP No. 1 but it failed to take any step to remove or rectify the defects in the construction. In the complaint, the deficiencies pointed out in the work of the O
