GITA AGARWAL Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Appeal is arised out of the complaint lodged by Smt. Gita Agarwal. The complaint has been dismissed and the complainant has come up in Appeal before the State Commission.

(2.) In the complaint of the complainant has set-up claim for damages amounting to a sum of Rs.10,000/- (Ten Thousand), on account of poor quality of masonary work, sanitary work and electricity work and has also claimed treatment charges on account of injury caused to the elbow on account of defective masonary work of the floor. The complainant was allotted a house No. R-72, Rajkunj vide letter dated 5.12.88. The entire amount payable was paid on 31.10.1990 but the possession was delivered on 20.11.1991. It is alleged by the complainant while taking the possession the complainant was not satisfied with the quality of masonary work. The complainant narrated the poor quality in material, sanitary fittings and electrical fittings. Due to non-availability of the water the complainant injured her elbow while bringing water from outside pump and spent Rs.2000/-. On these allegations the complainant claimed certain instalments reliefs including damages.

(3.) The complaint was contested by the opposite party. The District Forum recorded a finding that there was no defect in the masonary work. At the time of taking possession the Complainant did not make any objection about quality of masonary work etc. The Distt. Forum has also recorded the finding that the Complainant failed to establish the poor quality of masonary work etc. The Distt. Forum has also found that the injury sustained by the Complainant not on account of any negligence on the part of the opposite party. The Distt. Forum also held that the injury caused to the Complainant has nothing to do with any negligence part on the opposite party. On these findings complaint was dismissed.