RAJDHANI BUILDERS vs B.S.BADORIA

THIS appeal is directed against the order dated 14th July, 2000 passed in Case No. 78/2000 by the District Consumer Disputes Redressal Forum, Bhopal (for short the ''District Forum'') whereby the complaint for deficiency in service in not handing over the possession of the constructed independent MIG house booked on 5.2.1996 in terms of the agreement dated 13.2.1997 on deposit of the total amount of Rs. 2,00,000/- in 10 equal instalments allowed with a direction to hand over the possession of the constructed house and to pay interest at the rate of 10% p.a. on the amount of Rs. 2,00,000/- from 30.12.1998 and Rs. 300/- as costs of the proceedings.

THE complainant averred that inspite of deposit of the total amount by 30.12.1998 the possession of the constructed house was not delivered, hence, which was deficiency in service. THE complaint was resisted. THE District Forum after appreciation of the evidence and a letter dated 3.7.2000 of the appellant made the order. After hearing learned Counsel for the parties and on perusal of the record, we are of the opinion that the appellant was certainly deficient in service in not delivering the possession of the constructed house inspite of the deposit of the full amount by 29.5.1998. A perusal of the agreement clearly shows that the possession of the constructed house was to be delivered within one year from the date of the execution of the agreement. The agreement provides extension of time for delivery of the possession by mutual consent by 10% escalation. The appellant has not claimed escalation for the simple reason that there was delay in his part in not completing the construction.

Learned Counsel for the respondent submits that the construction of the house is still incomplete as there is no facility provided of sewage, electricity and water in the colony. Moreover, the houses so constructed are defective.

LEARNED Counsel for the appellant submitted that the facility of electricity and water has to be provided by the Society on deposit of the requisite amount by the owner of the house with the Electricity Board and concerned Authority or Municipal Corporation, as the case may be as the service line has been provided in the area of water and electricity. Sewage and drainage line is also there with septic tank. The appellant is ready to deliver the possession and to that effect application was filed, hence, the District Forum erred in ordering payments of interest. After giving our due consideration to the submissions made, we dispose of this appeal with a direction to the appellant to hand over the possession of the finished constructed house within a period of 10 days the receipt of certified copy of this order and to see that the electrical and water permanent connections are provided on deposit of the due amount by the respondent. The appellant shall also pay interest on the amount deposited at the rate of 10 per cent per annum from 1.3.1999 till the date of the order of the District Forum i.e. 14th July, 2000. In case the possession of the constructed house is not delivered with payment of interest as ordered by us within the time specified by us, interest shall be payable at the rate of 12 per cent per annum from the date of deposit. The appellant shall also pay the costs of litigation throughout which are quantified at Rs. 1,000/-.

ACCORDINGLY, the appeal shall stand disposed of. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal disposed of.