AJAY ENTERPRISES LTD. vs KAMLESH AGGARWAL

REVISION Petition No. 534/95 is filed against the order dated 3.5.1995 passed by the State Consumer Disputes Redressal Commission, Delhi in Case No. A-42/94. The Complainant, Opposite Party No. 1 and Opposite Party No. 2 (D.E.S.U.) are respectively the Respondent No. 1, the Revision Petitioner and the Respondent No. 2 before us.

FACTS of the case are that the Complainant-Respondent entered into an agreement with O.P. No. 1 for purchase of office space in a commercial complex by paying an amount of Rs. 94,940/-. While possession of the premises was given on 23.10.1992, the premises did not have the necessary amenities like electric connection, water supply and sewerage facilities. The Complainant therefore instituted a complaint before the District Forum claiming damages of Rs. 2,000/- per month besides interest at 24% per annum on the amount invested by her from the date she was delivered possession till the amenities were provided, Rs. 10,000/- as compensation on account of mental pain and agony and other loss suffered by her as the premises was required to be used as an office by her husband, an Advocate by profession. O.P. No. 1 pleaded that the flat in question was completed in all respects on the due date and that O.P. No. 2 was responsible for the delay in providing new electricity connection. The District Forum observed that application was made to DESU (O.P. No. 2) for individual electric connection during the pendency of the complaint. The District Forum held that there was deficiency of service on the part of OP No. 1 and directed to O.P. No. 1 to pay Rs. 1,500/- per month from 23.10.1992 till all the aforesaid essential services were provided and Rs. 1,000/- as costs. O.P. No. 2 was directed to process the application made by O.P. No. 1 expeditiously. In the appeal by O.P. No. 1 before the State Commission, it was intimated that the individual electric connection was provided on 4.2.1994. With regard to water, the State Commission took note of the averment of the Appellant that water is being provided to WC by pumping water from tubewell and that an application was made for water and sewer connection on 4.3.1992 to MCD which was replied to by the latter. It was the case of the Appellant that so far the MCD has not laid pipelines in the entire area and that it was beyond the appellant''s control to provide water supply until and unless the water pipelines are laid by the Municipal authorities. The State Commission, however, held that water and sewerage facilities have not been made available and directed the Appellant to make a payment of Rs. 250/- per month for the period from 5.2.1994 till the provision of these facilities but reduced the amount awarded by the District Forum for delay in electricity connection from Rs. 1,500/- to Rs. 1,000/- per month for the period 23.10.1992 to 4.2.1994.

AGGRIEVED by this order of the State Commission, the present Revision Petition has been filed by O.P. No. 1. We have gone through the records carefully and heard the counsel. On a request from counsel for Respondent No.2, we had directed that this party be deleted from the party array, as electricity connection has already been released. The Revision Petitioner had applied for water and sewerage connection which was replied to on 7.3.1992 by the concerned authority. Through this letter, the authorities while acknowledging that the Revision Petitioner has deposited the restoration charges, have granted the water and sewerage connection subject to certain conditions, one of which reads as under: "The water connection of 15mm dia nominal bore ferrule and sewer connection of 150 mm dia pipe is allowed which will be got done through the licensed plumber and necessary certificate from the plumber shall be submitted to this office."

WHEN we called upon the counsel for the Revision Petitioner to produce a copy of the aforesaid plumber certificate, the counsel submitted that this condition will become operative only when all structures have been made ready from the side of the MCD for effecting the connection at which time the necessary certificate from the plumber would be given to the authorities. Thus, water and sewerage connection rests on the laying of the pipelines by the concerned authorities. In the light of the aforesaid, we are of the opinion that the Revision Petitioner cannot be held liable as such for delay in regard to water and sewerage connection. We, therefore, set aside the order of the State Commission in so far as it pertains to the direction of payment of Rs. 250/- p.m. for non-provision of water and sewerage facilities. This Revision Petition is disposed of as above. No costs.