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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member
Ganesh Shetty – Petitioner
versus
H. Suresh Salian and Ors. – Respondents
Revision Petition No.524 of 2022
Decided on 1.8.2022
Counsel for the Parties:
For the Petitioner:Ms. Bhavna Duhoon, Advocate
IMPORTANT POINT
Re-appreciate and reassess Evidence - National Commission is not required to re-appreciate and reassess the evidences and reach to its own conclusion
Headnote:
Consumer Protection Act, 1986 – S.21(b)[Consumer Protection Act, 2019 – S.58(1)(b)] – Services – Real Estate – Flat – Delayed Possession – Concurrent findings of fact – limited jurisdiction of National Commission - re-appreciate and reassess the evidences and reach to its own conclusion – Not to be done by National Commission - Revision against order of State Commission - Jurisdiction of National Commission under Section 21 (b) is very limited – National Commission is not required to re-appreciate and reassess the evidences and reach to its own conclusion. The Court can intervene only when the petitioner succeeds in showing that the Fora below has wrongly exercised its jurisdiction or there is a miscarriage of justice - Both the Fora below allowed the Consumer Complaint against the Petitioner/Opposite Party No.3, thus there is no reason to interfere with the concurrent findings of both the Fora below - Petitioner failed to point any illegality or irregularity in the order passed by the State Commission, warranting interference in the exercise of revisional jurisdiction. Revision Petition is accordingly dismissed. [Paras 9 to 11].
Result: Petition dismissed.
ORDER
This Revision Petition has been filed by the Petitioner/Opposite Party No.3 against the order dated 09.03.2021 in First Appeal No.225/2021.
2. Petitioner is Opposite Party No.3. Respondents are the Complainants. Opposite Party No.3 entered into a Development Agreement with Opposite Parties Nos.1 & 2 (the owners of the land) for construction of a multi-storied apartment having four floors, known as “Agasatya Residency” Urwastore Cross Road, Ashoknagar Post, Mangaluru. Each floor consisted of four apartments and in the ground floor there were two apartments and shops. Complainants also purchased one apartment in the building. Opposite Party No.3, vide letter dated 02.04.2015 intimated the Complainant that construction of the building was complete in all respect and the apartment is ready for occupation. Opposite Party No.3 also asked the Complainants to take possession of the apartment. Since Opposite Party No.3 also intimated that issuance of completion certificate by the Mangaluru City Corporation would take some time, the Complainants took possession of the apartment but they found that construction of the building was defective and as per specifications mentioned in the brochure. In absence of completion certificate, Opposite Party No.3 obtained temporary water and electricity connection. There was seepage in the walls of bathrooms. Rainwater entered into respective passage causing leakage. Switchboards, doors, locks and main door and other doors were of sub-standard quality. Opposite Party No.3 provided separate electricity meter to the lift, as no generator set was provided. Opposite Party No.3 also failed to make full payment to the company which installed the lift due to which the company refused to give the services. The Complainants were compelled to clear the dues of Rs.40,000/-. Opposite Party No.3 did not clear the water tax of Rs.2,03,774/- due to which the Municipal Corporation disconnected the water connection on 15.11.2016. Complainants also filed police complaint against Opposite Party No.3. It was only after intervention of the Police, Opposite Party No.3 cleared the dues and the water connections of the Complainants were restored. Alleging deficiency in service on the part of the Opposite Parties, the Complainants filed Consumer Complaint in the District Forum, Mangalore with following prayer:—
| a | To form an Owners Association of Agastya Apartment as per the rules and handover the original documents pertaining to the apartment building to the Association (This relief valued at) | ...Rs.1,000/- |
| b | To set right the free flow of rain water without causing any nuisance to the public. (This relief valued at) | ... Rs.1,000/- |
| c | To provide structural plan in respect of electrical and plumbing to the new appointed Association. (This relief valued at) | ...Rs.1000/- |
| d | To transfer the electricity meters of respective apartments in favour of respective owners (This relief valued at) | ...Rs.1,000/- |
| e | Set right the leakage of water on the top floor and set right the damages caused due to such leakage inside the rooms of all my clients (This relief is valued at) | ...Rs.1,000/- |
| f | To replace the damaged locks, switch boards, doors and other material which is caused damaged due to low quality material. (This relief valued at) | ...Rs.1,000/- |
| g | Remove the obstruction kept in the common area (This relief valued at) | ...Rs.1,000/- |
| h | To provide free excess to the car parking slots (This relief valued at) | ...Rs.1,000 |
| i | To set right the flow of water and drainage in the ground floor of the building (This relief valued at) | ... Rs.1,000 |
| j | To hand over the original invoice, warrantee details of generator and lift and also reimburse a sum of Rs.40,000/- paid by my clients towards outstanding bill (This r | |
