FIRST ADDITIONAL BENCH

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

Consumer Complaint No.1020 of 2017

Date of Institution: 28.11.2017

Order reserved on: 24.01.2019

Date of Decision : 01.02.2019

Dr. Arvinder Singh S/o Shri Mohan Singh, resident of DV-27, "Dream

City" G.T. Road, Amritsar.

.….Complainant

Versus

1. M/s AIPL Ambuja Housing & Urban Infrastructure Limited,

having its registered office at 232-B, Okhla Industrial Estate,

Phase III, New Delhi, through its Managing Director.

2. M/s AIPL Ambuja Housing & Urban Infrastructure Limited,

having its site office at Dream City, G.T. Road, Amritsar,

through its Manager or any other person competent to receive

the summons.

3. Shri Harinder Singh, Director, M/s AIPL Ambuja Housing &

Urban Infrastructure Limited, "Masterpience", Gurgaon.

.....Opposite Parties

Complaint U/s 17(1)(a) of the Consumer

Protection Act, 1986 (as amended up to

date).

Quorum:-

Shri J. S. Klar, Presiding Judicial Member.

Shri Rajinder Kumar Goyal, Member.

Present:-

For the complainant

: Mrs. Swatantar Kapoor, Advocate

For the opposite parties : Sh. B.S. Sudan, Advocate

……………………………………………………………………….

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

The complainant has instituted this complaint U/s

17(1)(a) of the Consumer Protection Act 1986 (in short the "Act")

against opposite parties (in short the 'OPs') on the premise, that

original complaint no.177 of 2016 was filed before the District Forum

Amritsar with regard to the cause of action in this case, where it was

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2

returned for want of pecuniary jurisdiction by the District Forum

Amritsar. The complaint was thereafter filed before this Commission

and the period already spent by complainant in prosecution of this

complaint on same cause of action before the District Forum

Amritsar is liable to excluded. The OP developed colony namely

Dream City at G.T. Road Amritsar and sold the plots, constructed

houses, flats and villas to different purchasers against their sale

consideration. The complainant purchased Villa bearing no.DV-027

measuring 500 square yards, having construction of two and half

storey for a sale consideration of Rs.94,03,830/- on the basis of

allotment letter dated 13.04.2011 and took possession of above villa

on 09.07.2013 after making payment of entire sale consideration

amount and other charges to OP under compulsion, because of his

children's education, despite his dissatisfaction with shoddy

workmanship of the so called upscale villa duly recorded by him in

the feedback form at the time of taking its possession. He was

assured by OP for removal of the defects therein to his satisfaction.

The cracks in the walls of the said villa became very prominent at

different places, the cement plaster started peeling off, and due to

seepage, a lot of fungus developed in the kitchen cupboards emitting

foul smell therefrom. He brought it to the notice of OPs about above

defects in the construction at the initial stage which could cause

further threat to the life of the property of the complainant. The local

officials of OPs failed to rectify them and he moved complaint

through email on 18.01.2014 to the Director of OP company giving

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details of the above defects in the construction of the Villa. The

complainant also sent reminder on 14.05.2014 and reply was

received thereto from Deputy General Manager Projects stating that

the defect liability was covered for a period of one year only from the

date of possession and hence he expressed inability to remove the

above defects and further claimed that they were part of normal wear

and tear, which needed to be attended to by complainant himself.

The complainant replied to this email on 04.06.2014, as the condition

of the building was worsening.

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