RAVINDRA NAGAR Vs. UJJAIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall dispose of all the three Revision Petitions directed against the common order passed by the State Consumer Disputes Redressal Commission, Madhya Pradesh disposing of three appeals.

(2.) Respondent, Ujjain Development Authority (Opposite Party before the District Forum) advertised booking of 12 houses situated at Supplementary Scheme No.1, Block-B, Vyas Nagar, Ujjain on the basis of hire purchase/self-finance. Each of the Petitioners purchased one HIG Duplex house from the Respondent. Cost of the house was tentatively fixed at Rs.4,95,000/- while the final cost was fixed at Rs.4,75,000/- and an amount of Rs.19,100/- was refunded to the Petitioners at the time of handing over the possession. As per the averments made in the complaint, after taking the possession, Petitioners found that there were some defects in the allotted houses. It was alleged that the houses were not earth quake resistant, material used in the construction was of sub-standard quality, over-head tank was not provided, ceiling, doors, windows, ground leveling, plaster and workmanship were defective, boundary wall was unnecessarily constructed, amount actually spent in construction was not communicated, no interest was paid on the excess amount of Rs.19,100/- ,Rs.2,300/- were illegally charged as supervision charges and lease money was wrongly charged. Complainants, being aggrieved, filed the separate complaint before the District Forum.

(3.) Respondent, on being served, entered appearance and filed its written statement resisting the complaints, inter-alia, on the grounds that the construction was done as per the specifications; material used in the construction was of good quality, there was no provision for water tank and stair, no unnecessary construction was done, no promise was made to the Petitioners to construct earth quake resistant houses and even then the houses were constructed on open foundation basis which equally distributes the weight and the Ujjain city does not come under the earthquake prone area;lease rate was determined according to the rules of the M.P. Government Housing and Environment Department and at the time of allotment lease rent @ 2% p.a on amount of total premium of land was charged; actual costs was worked out after completion of the houses and the supervision charges were levied as per the rules.