LAWS(NCD)-2012-8-137

TECHNOLOGY COOPERATIVE Vs. B M DAS

Decided On August 09, 2012
Technology Cooperative Appellant
V/S
B M Das Respondents

JUDGEMENT

(1.) APPELLANT Housing Society which was the Opposite Party before the State Commission has filed this Appeal against the judgment and order dated 02.02.07 passed by the State Consumer Disputes

(2.) REDRESSAL Commission, Delhi (in short, 'the State Commission') in Complaint Case No. C -219/1997 whereby the State Commission while partly allowing the complaint has directed the Appellant Housing Society to pay a lump sum compensation of Rs.25,000/ - to the Respondent for rectification of plastering of walls as well as ceiling etc.

(3.) RESPONDENT /Complainant was a member of the Appellant Cooperative Group Housing Society. After purchasing a piece of land, the members of the Society including the Respondent awarded the contract for construction of flats on the said land to M/s. V.K. Constructions. After completion of the construction of the flats, a draw of lots was held and the Respondent was allotted Flat No. 104. On 20.10.93, at the time of handing over possession of the said flat a joint inspection of the flat was carried out by the Respondent, the Contractor and the Society Management's representatives in which as many as 65 defects such as plastering of walls and ceilings, electrical points for TV, non -verticality of walls, missing tower bolts, broken tiles in the corridor, whitewash in verandah, cracked marble platform slabs around sink etc. were noticed and a detailed list of the defects was handed over to the Appellant Society. A Rectification Committee of the Members of the Society was also formed to point out the defects in all the constructed flats. Respondent alleged that though certain defects were rectified in his flat but major defects as pointed out above were not removed despite several representations made to the Manager of the Society. Complainant, being aggrieved, filed the complaint before the State Commission seeking a direction to the Appellant either to rectify the defects to his satisfaction or to pay a sum of Rs.98,400/ - for rectification of the defects along with Rs.1,00,000/ - as compensation for mental agony and harassment.