SATISH UPGANLAWAR Vs. ANSAL PROPERTIES

JUDGEMENT

(1.) This Consumer Complaint is filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants against the Opposite Parties seeking the following reliefs:-

(2.) The facts in brief are that the Complainants purchased flat No. G-1304 on the 13th Floor, Maple Heights, "C" Block, Sushant Lok-1, having super area measuring about 3225 sq. ft. in Tower No. G forming part of the complex "Maple Heights" Gurugram, Haryana. It is averred that a Registered Sale Deed was executed between the Complainants and Sh. Ravi Kant Jain, arrayed as the 8th Opposite Party on 22.03.2010 for a total consideration of Rs.10,000,000/-. It was agreed between the parties that Sh. Ravi Kant Jain would transfer all his rights and title interest in the subject flat. It is averred that the Complainants purchased this property for residential purpose. It is further averred that OP-1 to 5 entered into an agreement with OP-6 Company M/s Brilliant Portfolios Ltd. for transfer of construction and sale rights of 6,00,000 sq. ft. of FAR area on a part of land admeasuring 8 acres as undivided part of the plot of land admeasuring 11.47 Acres of OP-7 Company namely M/s Superior Builders Pvt. Ltd. In pursuant to the agreement, the Developer Companies constructed a Multi Storied Residential Complex under the name and style of Maple Heights. It is stated that on 19.06.2004 one more agreement was executed between Superior Builders Pvt. Ltd. for selling the apartment in Maple Heights and by virtue of this agreement a conveyance deed was executed with Sh. Ravi Kant Jain. After the Complainants got executed a Registered Sale Deed on 23.02.2010, they were informed that the said Project did not have the Occupation Certificate and filed an RTI application dated 23.06.2016 seeking information with respect to Occupation Certificate and the same was forwarded to the District Town Planner, Gurugram on 30.06.2016. It is pleaded that on 06.07.2016 Senior Town Planner, Gurugram Circle replied requesting the complainant to inspect the relevant office record and take the relevant information on payment of applicable charges as per the RTI Act, 2005. On 07.09.2016, the Deputy Commissioner constituted a Committee to visit and inspect the structural conditions of Maple Heights. On 12.10.2016, the Complainant once again addressed a letter to Director of Town & Country Planning Chandigarh and also to Additional Chief Secretary, Directorate of Town & Country Planning seeking copy of the Occupation Certificate of Maple Heights, if issued. A Complaint was also registered on 13.10.2016 with Confederation of Real Estate Developers Association of India (CREDAI), as Occupation Certificate was not obtained by the Developer Companies in the last 10 years.

(3.) It is further pleaded that it is only on account of non-availability of Occupation Certificate that the Complainants are facing problems namely not getting municipal treated water, illegal sewage connection, non-provision of electricity meter in the individual name by DHBVN, non-availability of fire fighting equipment, unlicensed lifts etc. apart from seepage in the basement. It is also stated that the Developer Companies have converted the garden area into surface parking without any legal consent or permission taken from the Complainants and other flat purchasers; that the renovation work was done by using sub-standard material; that the softener water plant was not functioning and that the Builder Companies adopted unfair trade practice by opening various illegal shops etc. The Complainant got issued a legal notice on 12.10.2016 but there was no proper response. The Complainant also raised these issues specially with respect to charges levied in the name of security and maintenance charges to the Society Association. It is averred that the Developer has created this Association which is to be declared as null and void. It is further pleaded that the Developer Companies did not remove the defects in the construction and did not obtain the Occupation Certificate on account of which the Complainant is unable to enjoy legal possession of his house with complete title, water and electricity and other Government benefits and seeks compensation of Rs.20,00,000/- for mental agony along with the above-noted reliefs.