1. COUNSEL for the petitioner present. Arguments heard. OP -1 is a builder - Shiva Real Estate (Comfort Homes), Chajjumajra Road, Opposite Sunny Enclave, Kharar, District Mohali. The OP gave 11 apartments to the 11 complainants. This order shall decide all the 11 complaints. The Complainants Ritu Verma, Rehan Mobashir, Raj Kamal, Avadesh Singhal, Satuti Pandey, Pravin Ambar Singh Patil, Jaspreet Kaur, Varun Kumar, Gurmeet Singh, Rajinder Kaur and Sarabjit Singh, filed complaints that the flats allotted to them were having a number of discrepancies in the quality of construction and the entire building within a span of six months had come to such a dilapidated condition and it seems to be a construction of 40 -50 years old. They placed a number of deficiencies in the construction of the flats.
2. THE order passed by the State Commission reveals that both the Fora found deficiency on the part of the OP -1 with regard to providing Wooden chaukhaths, bend in the RCC slabs, out of three elevators promised only one elevator was installed.
3. WE have heard the counsel for the petitioner/OP at the admission stage. He submits that they had to provide wooden chaukhaths because the association made a complaint that the steel chaukhaths were raising a noise, therefore, wooden chaukhaths were provided. The petitioner has failed to produce any request from the association. It is clear that the present complainants wanted steel chaukhaths only as promised. In case, there was difference of opinion about these chaukhaths (frame of doors), the desire of each should have been taken care of. In case the complainants were interested in steel chaukhaths, they should have given the same. There should have been no deviation from the agreement. It is well settled that the agreement has got the paramount importance and it has not to be glossed over.
Counsel for the petitioner admits that there was bent in the RCC slabs. This is a very serious defect in the construction.
4. AGAIN , instead of three elevators, only one elevator was provided. Counsel for the petitioner submits that two elevators have been provided but the facts of the orders rendered by both the Fora do not say like this. It must be borne in mind that installation of a lift for a number of allottees entails huge amount.
5. THE petitioner also admitted that the Sub -Station at Village Chhaju Majra was to be given by the gram Panchayat but at the later stage, Municipal Council, Kharar refused to give this land, hence, the proposal of 66 KV Sub station has not come into existence. All these facts find place in the grounds of appeal filed by the petitioner before the State Commission. It is thus clear that the complainants were taken for a ride. It was the bounden duty of the petitioner/OP to make provision for the same beforehand and only after that it should charge the money from the complainants.
6. UNDER these circumstances, we find no flaw in the order passed by the District Forum, which was upheld by the State Commission subsequently. The same runs as follows: -
"12. Thus, we allow the complaint against OP No.1 and dismiss the same against OP Nos. 2 to 4. OP No. 1 is directed to pay to the complainant a lump sum compensation amount of Rs.2,25,000/ - (Rs.Two lacs twenty five thousand only) towards mental torture and harassment including costs of litigation within a period of one month from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of costs and thereafter the file be consigned to the record room".
7. IT is also interesting to note that the complaint was filed after the complainants moved into their respective possession. Four years have elapsed and the complainants are facing all these defects till now.
8. CONSEQUENTLY , we dismiss all the 11 Revision Petitions. No order as to costs.
