The court ruled that a consumer society cannot claim compensation for deficiency without clear evidence of service shortfalls and emphasizes obligations under the Consumer Protection Act and MOFA.

ORDER

DR. INDER JIT SINGH, PRESIDING MEMBER

1. The present Consumer Complaint (CC) has been filed by the Complainant against the Opposite Party as detailed above, with the following prayers:

"(a) To hold and declare the Opposite Party Developer to be guilty of deficiency in service as per the provisions of the Consumer Protection Act , 1986.

(b) To direct the Opposite Party developer to pay to the Complainant the sum of Rs.99,48,679/- (Rupees Ninety Nine Lakhs, Forty Eight Thousand Six Hundred and Seventy Nine) being the compensation for deficient carpet area as . per clause no. 9 of the tripartite alternate permanent accommodation agreement and the joint measurement taken by M/s. Harshad K. D., MCGM Licensed Architects Engineers with OP.

(c) To direct the Opposite Party Developer to hand over to the complainant Society 19 visitors' parking space as per the MCGM approved plans within a time bound schedule as decided by this Hon'bie Commission.

(d) To direct the Opposite Party Developer to complete the pending, incomplete and deficient works as per the report of M/s. Harshad K. D., the MCGM licensed Architects Engineers within a time bound schedule as decided by this Hon’bie Commission.

(e) In the event of failure to hand over 19 visitors' parking space and to complete the pending & incomplete deficient work within the specified period to direct the Opposite Party Developer to pay to the complainant Rs.41,01,000/- (Rupees Forty One Lakhs, One Thousand) as compensation and to carry out the said work on their own as per the Report and estimates given by the MCGM licensed Architect Engineers and the details given in the statement of claims.

(f) To direct the Opposite Party Developer to carry out waterproofing work on the terrace to stop leakage and seepage as well at any level of the structure and to hand over to the Complainant 10 years Warranty card from the date of O.C. against leakage and seepage as per the Development Agreement.

(g) To direct the Opposite Party Developer to obtain the Building Completion Certificate after complying with all the requirements ofMCGM within a specified period of 2 months or such other period as may be decided by this Hon'bie Commission. In the event of non-compliance within the specified period to direct the Opposite Party Developer to pay to the complainant penalty of Rs.2,000/- per each days delay after expiry of the said date till final compliance.

(h) To direct the Opposite Party Developer to hand over to the Complainant all the original documents of title to the property, all approvals in originals concerning the construction of the Building, set of approved /completion plans, occupation /building completion certificate, certificate of handing over setback area to BMC and accordingly new P. R. card along with all other documents/certificates in the possession of the Opposite Party Developer.

(i) To direct the Opposite Party Developer to pay to the Complainant the sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) towards compensation for the mental agony and inconvenience suffered by the members of complainant due to the deficiency in service of the Opposite Party Developer.

(j) To direct the Opposite Party Developer to pay to the Complainant the sum of Rs.5,00,000/- (Rupees Five Lakhs only) being the Legal and other incidental expenses incurred by the Complainant.

(k) For such other and further relief as this Hon'bie Commission may deem fit and proper in the nature and Circumstances of the above numbered complaint."

2. Notice was issued to the Opposite Party on 20.09.2018 giving them 30 days' time to file their written statement. The OP filed the written version on 13.10.2021.

3. It is averred/stated in the complaint that:-

The Complainant Society had three buildings of ground plus three upper floors constructed in/or about 1977. Being very old and in a dilapidated condition, the Society was desirous of demolishing the existing buildings and redevelop the property by utilizing the available potentiality. The