DOLPHIN PROMOTERS AND BUILDERS Vs. BABITA SHARMA

JUDGEMENT

(1.) This Appeal, by a Real Estate Developer, is directed against the order, dated 25.02.2015, passed by the Chhattisgarh State Consumer Disputes Redressal Commission at Pandri (for short "the State Commission") in Complaint Case no.12/16. By the impugned order, the State Commission has directed the Appellant to remove the Mobile tower installed at the roof of the flat allotted to the Complainant, bearing No. B-1/605, Dolphin Impress, Vidhan Sabha Road, Mowa, Raipur and also rectify the defects pointed out in the report of the Commissioner Shri Vinod Kumar Dewangan, dated 12.08.2013. The Appellant has also been directed to pay to the Complainant a compensation of Rs.2 Lac for mental agony along with interest @ 9% p.a., from the date of filing of the Complaint till realization.

(2.) Aggrieved by the installation of a Mobile tower on her roof/terrace, which had damaged the flat by leakage of water from the roof, the Complainant claims to have approached the Appellant to remove the tower and attend to the leakage problem. However, having failed to elicit a positive response, the Complainant filed the Complaint before the State Commission, seeking a direction to the Appellant to remove the said tower from the roof; pay a compensation of Rs.7 Lac for repairs; a compensation of Rs.1,07,620/- for her not being able to occupy the flat and a sum of Rs.3,10,000/- as compensation for the amount spent by her for further repairs of the flat etc.

(3.) Taking note of the fact that the Municipal Corporation, vide its letter, dated 27.11.2014, had already directed the Appellant to remove the Mobile tower in question, the State Commission has issued the aforestated directions. Hence the present Appeal.