SHIVA REAL ESTATE Vs. REHAN MOHASHIR AND ORS.

JUDGEMENT

(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:

(2.) OP No. 1 filed reply to the complaint taking preliminary objections that the complaint was wholly misconceived, groundless and unsustainable; the Forum did not have the jurisdiction to entertain the complaint; the dispute raised by the complainant is outside the purview of the Act; complainant does not fall within the definition of 'consumer'; the complaint was false, frivolous and vexatious, therefore, liable to be dismissed under Section 26 of the Act; the complainant had visited the site number of times before it was finalized and open option was given to the complainant either to accept the flat or take the money deposited by him. 7th storey building has been approved and accordingly, the construction was raised as per approval. The complainant had purchased the flat when the construction was at the stage of 70% completion. It clearly reveals the demarcation of the rooms, bathroom, toilets, balconies and parking area. The brochure is conceptual and Architect or Builder reserve the right to amend and modify as per the need, therefore, few feet can be here and there from accuracy and that cannot tantamount to be damaged. The whole building stands on the pillar structure. There was some bending at one place, it may be due to deflection due to rainy season. The complainant placed on the record some photographs showing the tile and other works of the flat pending but against the same opposite party pleaded that the photographs are of some other flats annexed for wrongful gain from the opposite party. There are still some flats, which are yet to be sold and the complainant has annexed the photographs of those flats in which the tile work is pending. The woods are more costly than the steel Chaukhats, therefore, at the instance of some flat holders, these were changed to wood. A Comfort Homes Residents Association has been constituted and it is taking care of all the amenities and facilities at the site as per the agreement. The complainant had signed the Sale Deed after taking the possession in which he had given a satisfactory note with regard to the construction of the building and the amenities provided in it. On merits, the same averments were reiterated. It was specifically denied with regard to the deficiency in services in the construction as pointed out in the complaint. Ultimately, it was stated that there is no merit in the complaint and the same be dismissed.

(3.) OP No. 3 in its reply had taken the preliminary objections that the complainant had concealed the material facts from the Forum; this OP was unnecessarily dragged in the case; complaint be dismissed with costs of Rs. 50,000 as no cause of action has accrued to the complainant to file this complaint against this OP. On merits, it has been stated that the project of the Ops was approved by the OP as per rules and regulations. It was approved for 6th Floor, however, till date, the opposite party has not applied for any completion certificate. The complainant has made irrelevant and irresponsible allegations against this OP, therefore, no merit in the complaint qua this OP and it be dismissed.