SHIVA REAL ESTATES Vs. RITU VERMA

JUDGEMENT

(1.) Counsel for the petitioner present. Arguments heard. OP-1 is a builder- Shiva Real Estate (Comfort Homes), Chajjumajra Road, Opposite Sunny Enclave, Kharar, District Mohali. The OP gave 11 apartments to the 11 complainants. This order shall decide all the 11 complaints. The Complainants Ritu Verma, Rehan Mobashir, Raj Kamal, Avadesh Singhal, Satuti Pandey, Pravin Ambar Singh Patil, Jaspreet Kaur, Varun Kumar, Gurmeet Singh, Rajinder Kaur and Sarabjit Singh, filed complaints that the flats allotted to them were having a number of discrepancies in the quality of construction and the entire building within a span of six months had come to such a dilapidated condition and it seems to be a construction of 40-50 years old. They placed a number of deficiencies in the construction of the flats.

(2.) The order passed by the State Commission reveals that both the Fora found deficiency on the part of the OP-1 with regard to providing Wooden chaukhaths, bend in the RCC slabs, out of three elevators promised only one elevator was installed.

(3.) We have heard the counsel for the petitioner/OP at the admission stage. He submits that they had to provide wooden chaukhaths because the association made a complaint that the steel chaukhaths were raising a noise, therefore, wooden chaukhaths were provided. The petitioner has failed to produce any request from the association. It is clear that the present complainants wanted steel chaukhaths only as promised. In case, there was difference of opinion about these chaukhaths (frame of doors), the desire of each should have been taken care of. In case the complainants were interested in steel chaukhaths, they should have given the same. There should have been no deviation from the agreement. It is well settled that the agreement has got the paramount importance and it has not to be glossed over.