NAVKAR WELFARE HOUSING SOCIETY Vs. NAVKAR BUILDERS

JUDGEMENT

(1.) This complaint under Sec. 12 and 21 of the Consumer Protection Act, 1986 (in short, "the Act") has been filed alleging deficiency in service in providing the promised amenities and facilities in the complex constructed by the opposite parties on Plot Nos. 2, 3, 4 and 5, Kanchipuram, Near Basant Vihar, Bhilwara, Rajasthan known as Navkar Residency " I (Tower-I) and Navkar Residency " II (Tower-II). The complainant was not pursued under Sec. 12 (1) (c) of the Act and has accordingly been heard under Sec. 21. Even after last opportunity being provided on 11/10/2022 to the opposite parties to appear in the matter and to present their case, none appeared on 14/12/2022 and were accordingly proceeded ex-parte.

(2.) The facts of the case, in brief as stated by the complainant, are that the complainant is an Association of the owners of 32 flats in Navkar Residency " I and Navkar Residencey " II which were the flats developed by the opposite parties no. 1 and 2. The flats were sold by the opposite parties through registered sale deeds in favour of the members of the complainant association. The complainant association is a duly registered society with the Registrar of Societies under the Rajasthan Societies Registration Act, 1958. It is stated that the opposite parties have not provided various amenities and facilities specifically mentioned in their brochure as well as in the approved sanctioned plan at the time of booking to the members of the complainant association. These include facilities of CCTV camera security, E-PABX facility, Fire Fighting arrangements, rain water harvesting system, indoor games room, open children's play area, health club and jogging track. Although sale deeds had been executed and physical possession handed over, no possession letters have been given to the buyers even after receiving the full amount of sale consideration. It is stated that the construction of the flats was defective and despite assurances that the work would be completed as per the approved plan of the Urban Improvement Trust, Bhilwara, the opposite parties had failed to install the rain harvesting system, solar energy equipments and did not make the flats earthquake resistant. Covered car parking facility measuring 269.29 sq. mts. in Tower " I as per the approved plan was not provided and 14 small rooms in the said area were constructed which were sold by the opposite parties for Rs.1.00 lakh each without issuing any sale letter/receipt. The ramp for going to the basement in Navkar Residency I was also not constructed. It is also alleged that in Navkar Residency II the opposite party sold 291.38 sq. mts. of covered parking area for commercial purposes. It is further alleged that due to water logging, members of the complainant association are unable to use the lift and the continuous seepage of ground water puts the foundation of both the towers at risk. The complainant states that the opposite parties did not get R.C.C. or water proofing done in the basement of both the towers despite several requests. It is also alleged that the opposite parties have illegally drawn electricity from the electricity meters of the members of the association for the office and in the basement of Navkar Residencey I which was stopped only after issuance of a legal notice dtd. 10/11/2012. The quality of construction is stated to be inferior which causes seepage of water and water logging due to a poor drainage system. Water supply has also not been provided by the PHED, Bhilwara and instead it is provided from a tube well. This is despite having collected Rs.25,000.00 from each member of the complainant association towards maintenance deposit as per the Agreement to Sell. All maintenance, security and up keeping facilities are stated to have been stopped w.e.f. 1/2/2012. The maintenance deposit collected has also not been returned to the complainant association. It is stated that the complainants engaged the services of M/s Apex Engineers and Associates, Bhilwara to evaluate cost for completion of unfinished works and repairs which was estimated at Rs.57,77,000.00 based on the Schedule of Rates of the State Government. The cost of the installation of Fire Fighting Hydrant System was also estimated at Rs.5,50,335.00. The provisional fee paid to the engineers was Rs.7,000.00 and Rs.2,000.00 respectively. The complainants are before this Commission with the following prayer:

(3.) The complaint was resisted by the opposite parties by way of written arguments. Parties also led their evidence.