P. MOHAN BHAT Vs. M.R. JAISHANKER, MD

JUDGEMENT

(1.) AGGRIEVED by the order of the State Commission allowing the appeal filed by the builder -M/s. Brigade Developers Ltd., the complainant -Shri P. Mohan Bhat has filed this revision petition before us. The main issue involved in this case is that whether the height of the flat is less than what is agreed upon to be constructed and delivered by the builder.

(2.) THE Petitioner was the complainant before the District Forum. The brief facts of the case are that the Petitioner had purchased a flat in Brigade Retreat at Mysore from the builder -respondent. According to the complainant the floor height is less than what is required to be and alleged that the builder had delayed in delivering the possession of the flat. It is the contention of the complainant that though the builder had agreed to deliver the possession of the apartment on 30.9.1996, but the possession was handed over only on 1.7.1997. Hence, the complainant sought interest @ 9% per annum and Rs. 9.35 lakh paid by him and part rent paid by him i.e. Rs. 27,000. The main contention of the complainant is that the builder had agreed that the apartment will be of the height of 9 feet 6 inches to 10 feet, but the builder had constructed the apartment with the height of 8 feet 7 inches only. Therefore he made illegal profit by reducing the cost of construction and sought compensation of Rs. 2.00 lakh apart from Rs. 50,000 towards mental agony. In addition to that he has made other allegations regarumg defects in the kitchen, over -head tank, illegal car sheds, genera tor from nearby ground floor creates noise pollution -, etc. The builder also failed the deliver the landscaped garden.

(3.) DISSATISFIED by the order of the District Forum, the builder had filed an appeal before the State Commission. The State Commission held that the complainant had given a declaration while taking the possession of the flat wherein he said that it is good and tenantable condition and has no claims against the builder. However, the complainant states that the declaration was obtained by force. The State Commission held that whether the signatures were obtained by force or not, is a matter which could be examined in a regular trial in the event the complainant files a regular civil suit. Accordingly, the appeals filed by the complainant were allowed and the impugned order was set aside. Complainant was directed to pursue the remedy in the Civil Court along with other reliefs claimed by him before the District Forum. Simultaneously, the appeal filed by the complainant, for enhancement of compensation and granting other reliefs was dismissed by the State Commission. Hence, this revision petition.