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2023 Supreme(Online)(Del) 18290

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ram Surat Ram Maurya (Presiding Member) Dr. Inder Jit Singh (Member)
Mrs. Madhugita Madhukar Sukhatme – Appellant
Versus
M/s. Yogesh & Yogesh Developers – Respondent
Consumer complaint



Advocates:
For the Appellants/Petitioners: Mr. Uday B. Wavikar
For the Respondents: Mr. Anirudha Valsangkar

Consumer protection principles apply to real estate development, emphasizing clarity in agreements and service commitments.

Headnote:(A) Consumer Protection Act, 1986 - Complaint for deficiency in service in housing development, including delay in construction and failure to provide amenities as promised. (Para 4)

(B) The relation between the complainant and the developer is of consumer and service provider, making the complaint maintainable. (Para 6)

(C) Allegations regarding unauthorized changes in layout and inability to provide promised flats are addressed by confirming that revisions were made with consent. (Para 9)

(D) Delay in occupation certificate issuance due to complainant's own objections was affirmed. (Para 10) (E) Final decision orders the developer to provide all construction-related documents to the complainant. (Para 14)

Facts of the case:
The complainant accused the developer of various deficiencies in service related to construction delays, incomplete amenities, and alterations in apartment plans allegedly without her consent.

Findings of Court:
The court found the changes to the layout plan justified under the development agreement, and acknowledged the completion of the flat distribution as per the modified agreement.

Issues: Whether the relationship in a development agreement constitutes a commercial transaction or consumer service; rights of the consumer under changed circumstances.

Ratio Decidendi: The court determined that consumer rights prevail in service delivery concerning real estate and that revisions made in development plans were validated by the complainant’s prior knowledge and consent.

Result: Complaint disposed of directing the developer to supply required documents.

Table of Content
1. initial complaint details and contractual obligations. (Para 2 , 3)
2. discussion on development agreement and consumer rights. (Para 4 , 5 , 9)
3. evidences of compliance and objections related to occupancy. (Para 10 , 11)
4. final order on documentation provision. (Para 14)

1. Heard Mr. Uday B. Wavikar, Advocate, for the complainant and Mr. Anirudha Valsangkar, Advocate, for the opposite parties.

2. Mrs. Madhugita Madhukar Sukhatme has filed above complaint for directing the opposite parties to (i) provide office space for the condominium, watchman cabin, Fire refuge area on 8th floor, replace one lift with Stretcher lift; (ii) handover 9 remaining parking space i.e. 7 stilt parking and 2 open parking, within stipulated period; (iii) obtain "completion certificate" of the building 'Manas Apartment Condominium', within stipulated period, failing which pay penalty of Rs. 5000 per day; (iv) handover certified copy all the documents relating to construction of "Manas Apartment Condominium" and other facilities and amenities; (v) pay Rs. 1250000 as delay compensation, from 2.12.2014 to 13.1.2017 with interest @18% per annum, from 13.1.2017 till the date of payment; (vi) pay Rs. 20000000 with interest @ 18% per annum, from 15.12.2012 till the date of payment, as compensation for utilization of additional FSI, granted by PMC in lieu of the area given for road widening of approx..1400 sq.ft. equal to 2100 sq.ft. saleable area; (vii) pay Rs. 12050000 with interest @18% per annum from 13.1.2017 till the date of payment, as compensation, for short fall of the carpet area; (viii) pay Rs. 50000000, as compensation for loss of income of four additional flats on 1st, 2nd 5th and 6th floors not build and burden of heavy taxes on large size flat, metal agony and harassment; (ix) pay Rs. 5000000 as litigation costs; and (x) any other relief which is deemed fit and proper in the facts and circumstance of the case.

3. The complainant stated that M/s. Yogesh & Yogesh Developers (opposite party - 1) was a partnership firm, registered under Partnership Act, 1932 and Yogesh Shriram Joshi and Yogesh Balkrishna Pate (opposite parties - 2 and 3) were its partners. The opposite parties (the developer) were doing business of development and construction of group housing project. The complainant was owner of an old building situated on Plot No. 479/3, CTS No. 1105/3 area 1096.69 sq. Mtrs., Mouje Bhamburda, Pune. The complainant decided to demolish and reconstruct above building. The complainant discussed for the plan of redevelopment with opposite party - 2 in June, 2011. Opposite party - 2 gave a redevelopment plan. The complainant discussed with other developers also in this respect. In April, 2012, opposite party - 2 again came to the complainant with a revised plan. After discussion, the complainant approved the revised plan with some changes. The complainant entered into Development Agreement dated 3.12.2012 with the developer and also executed Power of Attorney in its favour on 3.12.2012. The complainant gave vacant possession of the old premises to the developer in mid of December, 2012 and shifted to the rented accommodation. The developer applied for sanction of the building plan of new building to Pune Municipal Corporation and in February, 2013 informed that some area had to vacate in southern side for road widening and a revised layout plan had to be submitted. The developer emailed a revised layout plan to the complainant, which was allegedly approved in October, 2013. After obtaining NOC from other departments for construction of the new building, 'bhoomi pujan' was done on 16.11.2013. The complainant consistently orally and through an email dated 9.3.2014 demanded for approved layout plan, but the developer did not supply. The developer did not have any communication with the complainant for 12 months. In April, 2015, the developer informed the complainant that they had customers lined up for 7th, 8th and 9th floors and asked
















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