SAROJ KUMAR CHAWLA Vs. SETHYA BUILDERS

JUDGEMENT

(1.) This Appeal has been preferred against the order dated 08.10.2013 of the State Consumer Disputes Redressal Commission Punjab, Chandigarh which has dismissed the Consumer Complaint No. 71 of 2011 on the ground of limitation observing that the cause of action accrued to the Complainant for the first time in the year 2007 but she filed the complaint only in the year 2011 and is clearly barred by time.

(2.) The brief facts as set out in the complaint are that the Complainant booked flat no. 7 in Angel Apartments on 05.09.2007 and the Opposite Party executed the sale deed after receiving full and final payment. It is the case of the complainant that she shifted to her flat on 23.09.2007 and thereafter observed that the flat was in an incomplete state with no security railing given around the parking area, uncovered water tanks which were constructed right on the passage to the flat and the parking area, water logging because of seepage of water to the underground water tank, non-closure of the temporary bore. It is also the Appellant's case that the Opposite Party charged an amount of Rs. 5,00,000/- promising benefit of access to the flat from the front as well as the back side and also assured car parking on the road outside the back gate which has not been provided. The Complainant also filed photographs and relies on them to prove that the material used for construction was of sub-standard quality.

(3.) Inspite of repeated requests, the Opposite Party has not taken any steps to rectify these defects and a registered notice was sent on 05.05.2008. Hence, the Complaint sought direction to the Respondent to pay damages to the tune of Rs. 15 lakhs for the deficiencies in the construction material; Rs. 10 lakhs for not covering the underground water tanks; refund of Rs. 4.38 lakhs with 12% interest per annum for not providing access to the flat from back side; refund of Rs. 62,000/- with interest which was charged as service tax and damages of Rs. 10 lakhs for mental agony and Rs. 22,000/- as cost.