GUJARAT HOUSING BOARD vs DINESH KUMAR JAMNADAS BAVANIA

THIS appeal by Gujarat Housing Board, Ahmedabad (orig. opponent No. 2) is directed against the impugned judgment and order dated 28.6.1996 rendered in Complaint No. 1588 of 1993 by the Consumer Disputes Redressal Forum, Ahmedabad City, wherein the complaint filed by the respondent D.J. Bavania came to be allowed directing the appellant herein to pay to the respondent Rs. 1,20,000/- with interest at the rate of 18% from 1.7.1992 till payment and do also to pay Rs. 50,000/- for mental pain and agony and Rs. 50,000/- being the loss on account of increase of price of the flat and Rs. 300/- as costs. The relief of rent of Rs. 12,600/- was disallowed.

THAT as regards the relevant facts of the case of the complainant and opponent No. 1, for the sake of brevity and convenience, instead of re-narrating everything in extenso here, we would like to simply refer and rely upon the same as reproduced in para 1 (complainant) and para 5 (opponent No. 2) of the copy of the impugned judgment treating the same as the part of this judgment. (It appears that due to oversight in place of para 2, para 5 has been typed out in the judgment). The City Forum after duly appreciating the evidence brought on the record, for the reasons stated in detail in para 6 of its judgment allowed the complaint as stated above in para 1 of this judgment giving rise to the present appeal.

When the matter was called out, the learned Advocate appearing for the appellant was absent. In this view of the matter, we had indeed no alternative left but to proceed ex-parte after hearing the learned Advocate appearing for the respondent-complainant.

MR. H.B. Trada, the learned Advocate appearing for the respondent while supporting the impugned judgment and order has heavily relied on the finding given by the City Forum in para 6 of the judgment which reads as under : "Now, the facts in this case are not disputed. The complainant has made the full payment of the flat as early as on 1.7.1992, when he made the payment of Rs. 90,000/-. The facts of this case, reveal that the total administration of the Gujarat Housing Board has miserably failed to redress the real and genuine grievance of the complainant. We fail to understand as to how the incident of one Block of 12 flats having fallen down, cart be treated as the act of God. No explanation in this regard is coming forward as to how and under what circumstances, one block of 12 flats had fallen down. The complainant has alleged that one block of 12 flats has fallen down on account of weak and low quality of construction. We firmly believe that the block of 12 flats may have fallen down on account of weak and low quality of construction. Thus, the incident in question reveals weak, low and poor quality of materials and construction work of the flat being carried out by the opponent - Gujarat Housing Board. Instead of being ashamed, the Gujarat Housing Board has come forward and insists this Forum to hold that the falling down of the block consisting of 12 flats is an act of God. We feel that the opponents do not understand the meaning of words "Act of God". Our conscious says not to believe this fact. Apart from that, the opponent has not made any attempt to allot similar type of flat in the same area to the complainant as early as possible. Even today, when half the year of 1996 has already been passed and there is no offer from the opponent to allot the flat to the complainant. Therefore, we think that the relief claimed by the complainant should be allowed. The opponent has failed to appreciate the real and genuine grievance of the applicant. This type of attitude of the officers of the Gujarat Housing Board is highly disapproved. It amounts to gross deficiency in service. As a result, we pass the following order."

5.1. On the basis of the aforesaid findings of the City Forum, the learned Advocate for the respondent further submitted that the reasons given by the City Forum while allowing the complaint are just, legal and proper and hence does not call for any interference. The learned Advocate further submitted that the complaint is of the year 1993 with respect to sum of Rs. 1,20,000/- paid on 1.7.1992 and though it was ordered to be paid to the respondent within one month from the date of the receipt of the copy of the order i.e. 28.6.1996, and yet there after despite two more years have passed not a single pie has been paid putting the respondent who is just a middle class man in a great financial and residential crisis. He further submitted that to adjourn this matter any further would perpetuate further physical, mental and financial hardship and inconvenience to the respondent and precisely in that view of the matter this matter should be decided today only on the basis of the record available, without adjourning hearing of this appeal to some other future date. We have carefully gone through the complaint and the reply filed thereto and also taken into consideration the submissions made by Mr. Trada, the learned Advocate appearing on behalf of the respondent. Accordingly, there is indeed not an iota of doubt in our mind regarding the legality and justness of the reasons given by the City Forum while allowing the complaint of the respondent. Since we are in complete agreement with the reasoning given by the City Forum in para 6 of its judgment, we do not deem it necessary either to re-narrate and re- appreciate the evidence and /or the reasons given by the City Forum. Suffice it to say that they are cogent and convincing enough, in other words, legal and proper and in that view of the matter, it does not call for any interference. Under the circumstances, we feel that this appeal deserves to be dismissed.

IN the result, this appeal fails and is dismissed with cost. Accordingly, the impugned judgment and order passed by the City Forum is hereby confirmed. The appellant is ordered to pay the additional cost of Rs. 1,000/- within one month from the receipt of this order. 7.1. The office is directed to immediately return the R & P of the case alongwith the copy of this judgment to the C.D.R.F. Ahmedabad City, Ahmedabad. Attention Drawn of The Chairperson, Gujarat Housing Board : In cases filed against the GHB before the concerned Consumer Disputes Redressal Agencies, unfortunately, we are coming across several such disgusting cases either of the alleged ''defective construction'' of houses/ flats and accordingly for the said purpose to redress the respective grievances whenever the complaints, appeals/application are filed against it, for whatever reasons, even though duly served, either nobody appears on behalf of the GHB and/or if at all someone appears he does not take necessary care and interest and thereby the ultimate responsibility to attend the cases in the first place by filing proper reply and /or in case if the reply is filed thereafter in the second place by filing the necessary supporting affidavit/s of concerned witnesses (if any) and/or in some cases of necessity examine the witnesses and bring on record the relevant documentary evidence in support of its case. Such an alleged irresponsible, annoying, shocking dismal state of affairs is indeed too sad and shocking commentary upon the working of the statutory bodies like GHB having a Chairperson from the public life where the people have indeed a great and rightful expectation of better and benevolent administration from them working in the special interests of the people. We are constrained to make these observations in the overall public interest and particularly in view of the developing "Consumer jurisprudence" which warrants that notonly those consumers who approach the CDR Agencies for justice should be given their rightful reliefs due, but if taking clue from the experience if it transpires that even other consumers similarly placed in future may also encounter the very same ditches and/or the stumbling blocks in their way by way of ''defective construction'' or the ''deficiency in service'' then in that case when social justice so demands no efforts should be spared by the State Commission to remove the same permanently as far as possible by making useful suggestions which we are sure that as an ideal, honest, transparent and accountable public body GHB would heartily welcome and resolutely implement them. It is precisely in this view of our utmost faith in the Chairperson and Committee Members of the GHB that in overall public interest while parting, we feel it obligatory to speak our mind that we would be simply failing in our duty if we fail to bring to the notice of the Chairperson, Gujarat Housing Board, Ahmedabad two basic failures affecting public interest in building construction and the administration run by it. Firstly, in some cases as alleged the most pathetic and reprehensible manner in which the contractors and/or the concerned Engineers and Supervisors of the GHB constructs or connives at the hopeless quality of houses/flats constructed where the persons mostly coming from the lower and middle class group stands suffered having the unforgettable life-long bitter feeling of being duped, fleeced, exploited and ultimately made to frequent Courts and CDR Agencies indefinitely waiting for their redressal of grievances seeking justice and secondly, in many cases, despite the notices duly served upon tine GHB and appearances also filed on its behalf, neither its responsible officer nor its learned Advocate care to appear before the concerned Consumer Disputed Redressal Agencies to defend the cases and if at all anybody appears he/she does not evince the desired initiative and interest exhibiting the sense of responsibility by leading the necessary evidence in nature of filing appropriate affidavit/s and/ or bringing the documentary evidence on the record, and as a result many a times GHB losing good cases beca use of the defaults committed by its officers and its lawyers. Further still, as alleged, unfortunately though such things often happen in number of cases, no effective steps have been reported to be taken to control and check the worsening situation from further deteriorating that is to say from going bad to worse, from worse to worst and from worst to the worst. This prima facie is quite apparent otherwise as alleged why such nonsense objectionable things against the public interest which could be promptly, easily and effectively taken care of and rectified would go on lingering and recurring with all impunity despite there being a responsible statutory body with a Chairperson and Committee to supervise, regulate and control its affairs serving the public interest. In this regard, the people have indeed an indisputable right to be informed to know the details, particularly parsons who have purchased flats etc. from the GHB and feels duped and dissatisfied as to why actions are not taken against the concerned deliquents. What To Do Under Such Circumstances ? Here, we believe that situation can be quite effectively and meaningfully better controlled if the high officers honestly assert themselves and efficiently run administration with full sense of transparency and accountability in the interest of the maximum good of the maximum people and in turn they also are effectively, and meaningfully sternly dealt with by the Chairperson of the GHB without fear or favour in event of their apparent failures and proved dereliction of duties. This could be by way of prompt departmental action of suspension, dismissal etc. etc. ultimately forfeiting their service benefits earned during the course of their employment coupled with other legal actions viz. suit for damages and/or also criminal prosecution in cases of probable corruption and/or criminal negligence. In fact, under such challenging circumstances. Unless the concerned Engineer, Supervisor, Contractor or the Sub-contractor is made personally accountable for their civil and or criminal negligence making them pay damages and/or also sent to jail for their sub-standard, poor quality of construction works, the increasing tendencies of gross negligence on their part (if it is not the case of corruption!! we don''t know!!) which has become the chronic disease in the failing administration the same will never come to an end to relieve the society from the clutches of curse and the scourge of continuous exploitation and the resultant grievance made and ultimately the GHB earning the certificate of bad, socially dis-oriented administration/ reputation. In this view of the matter, to meaningfully deal with the situation, the GHB should maintain a complete record of the names and addresses alongwith the photos of all the concerned Contractors, Sub-contractors, Engineers, Supervisors, Purchase Officers etc. etc. in substance all those persons involved in construction works as but for whose negligence/ dereliction of duty or corruption, as the case may be, construction works undertaken by the GHB, would not have suffered and its consumers coming to a sorry pass of utter remorse and discontent and frustration. This is indeed absolutely necessary to take appropriate legal action for damages and criminal prosecution in the event of necessity against the concerned black sheep. This is indeed further necessary to have an eye-opening deterring effect upon all those concerned named above. This is indeed still further necessary to sustain the ultimate faith of the people in just, honest and fair public administration of GHB under its Chairperson. Not only this but in event of any complaint regarding the defective construction, deficiency in services, damages etc. etc. before any Court or CDR Agencies whenever notice is issued against the GHB it should also invariably name the aforesaid persons for joining them as necessary parties giving their full office and residential addresses (even if retired in case of its employees and the contractor who has ceased to carry on his contract work) making them also accountable for the ultimate liability that may arise so as to enable Court/CDR Agencies to pass appropriate orders against the concerned defaulters also alongwith GHB. Not only this, but still further, even the legal section of the GHB is also further required to be fully geared up and properly tuned to see that cases against the GHB are satisfactorily attended, supervised and ultimately defended well in the first instance by engaging competent Advocates (approved by the District and Sessions Judges, District FORA, State Commission or High Court as the case may be) so as to rule out inclusion of any incompetent, irresponsible persons, to the greatest disadvantage of the statutory body like GHB) and the overall public interest involved! and in the second instance by directing the concerned officer by name to be in-charge of the case to regularly attend the Court alongwith the learned Advocate engaged for the purpose and to submit a date to date brief report of the proceedings before the Court with the special note also as to what is required to be further done to effectively represent the case on the next date by arranging the conferences and imparting necessary instructions to GHB office for the said purpose. In fact, this officer in-charge of the cases should be in-charge till the case comes to its logical conclusion at the highest level. In fact, this way he could be a running thread from beginning to end to keep inform, and instruct in between changing Advocates and or GHB officers at different stages etc. etc. Let there be no mistake that to bring about the desirable discipline in making it efficient and fully public oriented, the implementation of the recommendation highlighted above is the ultimate responsibility and accountability that of the Chairperson and Members of the GHB. This is certainly not to suggest that at present or in past the Chairperson/s and Members of the Committee of GHB were just doing nothing having no concern for the people affected. No, not the least as that can never be intention of this Commission but then when sometimes rightly or wrongly believed to be enough by GHB is not always enough, enough to be enough and here it becomes the duty of judicial body like the State Commission to ring an alarm bell and make them wake up to do things with much more efficiency and determination. This aspect has got to be constantly borne in mind. We are indeed quite hopeful, that with the receipt of this judgment the Chairperson and Members of the GHB in true public spirit will rise to the occasion and as expected of them will implement the above recommendations by immediately drawing-up some time bound programme with the follow-up line of action in the interest of the people if and if only nothing at all has been done so far in this direction, or if some directions are given but they have only lifeless paper existence with no spirit in it to make it live and living to make any headway. Further, in this regard it would indeed be still better if the Chairperson and Members of the GHB alongwith the concerned contractors and engineers start taking round visiting all building construction old and new done by GHB, hear the complaints and prepare the notes for immediate action. In fact, all the occupants of GHB constructed flats/houses should have a right of direct access to the Chairperson to ventilate their grievances to which if not more atleast equal it is the corresponding duty of the Chairperson to hear their complaints and solve the problems if found to be genuine and honest. In a democratic set up this is the bare minimum right of the people and the corresponding duty of the Chairperson and the Members of Committee who represent peoples'' interest. In fact, this sort of responsible functioning will greatly enhance me hope and faith of the people in Chairman and Committee Members of GHB - which in turn will enhance the prestige and reputation rather the image of GHB as truly accountable transparent and responsible statutory public body. We don''t think that any sensible public oriented statutory body with the positive attitude and social orientation to attend the grievance of the people in a right earnest can have any objection to this humble view of ours. In the instant case, the respondent is an unfortunate victim of GHB mal-administration. He as an employee having taken loan for the house construction from the Government is required to regularly pay on the one hand instalments towards the loan in question and on the other hand monthly rent to the landlord for the house he is occupying as a tenant. And further still the matter does not simply rest here as look at the tragedy of the victim-respondent that though the complaint came to be filed as way back as in the year 1993 and the judgment came to be delivered in his favour two years back on 28.6.1996, the same has still not been complied with. Under such bewitching circumstances where indeed he is to go. In fact the question is how and why such an lawful situation is created is not difficult to appreciate. If indeed the GHB has taken proper care the respondent would not have been placed in a utterly frustrating condition in which we find him today. We hope and trust that the Chairperson at this belated stage even atleast will look into the matter and direct his subordinates to comply with the impugned judgment and order passed by the City Forum at the earliest.

THE Registrar is directed to immediately forward the copy of this judgment to the Chairperson, Gujarat Housing Board, Ahmedabad for appropriate action. Appeal dismissed.