ANKUSH RAMCHANDRA NAIK vs SUBHASH B.AGARWAL

THE complaint in question came out for final hearing and the Commission has passed the detailed order on 11.1.1999. THE applicants have filed the present Misc. Application under Section 27 of Consumer Protection Act, 1986 as the opponent failed to comply with the order of the Commission referred to herein above. THE Commission has directed the opponent to comply with the following issues : (1) Compliance of report of United Engineers dated 20.7.1998 in respect of flats in A and B Wings. THE deficiencies were to be completed within a period of one month after the flat purchasers make payment of Rs. 3,000/-. (2) Obtain Occupation Certificate within 3 months from the completion of the deficiencies. (3) Flat purchasers to be put in possession after completing the deficiencies. In default of completing any of the directions referred to above, the opponent would be liable to pay fine of Rs. 100/- per day to the complainants in lump sum. THE same thing will be applicable in respect of Occupation Certificate also. Both the Advocates argued at length. Pleadings furnished by both the parties were carefully perused.

AS regards deficiency mentioned in United Engineer''s Report, the opponent has clarified that the applicants were put in possession of the respective flats in January, 1999. Each flat purchaser has given the possession receipt, which indicates that the main grievance is about the Municipal water supply and the Occupation Certificate. None of the flat purchaser has pointed out any deficiency in respect of the flat. The opponent, therefore, vehemently argued that the flat purchasers at this stage cannot claim about any repairs or any deficiency in respect of the flat or the building as above. As regards Municipal water supply is concerned the opponent''s Advocate pointed out that the agreement was completed in the year 1990, where there is no mention of pipe water supply. There was a provision of providing water stand post. Advocate has also pointed out that except provision of Municipal water or pipe water supply opponent has provided water storage tanks etc., in the said premises and he has pointed out that as per the agreement referred to above, the water supply tank was not made available. He further pointed out that the rate of construction charged from the flat purchasers was much less because the pipe water supply was not to be made available. It was also pointed out that in December, 1990 opponent wrote a letter to the flat purchasers indicating about provision for transformer for electric connection on demand by MSEB and also that water stand post would be provided at the cost of the opponent.

The opponent also pointed out that the initial agreement for sale was completed when the area was in charge of Gram Panchayat. Later on Municipal Council and Planning Authority, namely BMRDA/CIDCO took over the said village. He also pointed out that had the flat purchasers paid their instalments as per the schedule, the building would have been completed and handed over to them much earlier. So question of supply of water by pipe would not arise.

THE Commission has already directed the opponent to obtain Occupation Certificate from the Planning Authorities failing which, a fine of Rs. 100/- per day after a period of 3 months has to be paid by the opponent in lumpsum. THE opponent has obtained Occupation Certificate on 12.7.2001. THE opponent has given a table indicating various attempts made by him to obtain the certificate. THE applicant has mainly stressed on the deficiencies in respect of the flats and building and the other important issues of Municipal water supply. As regards the deficiencies in flats and building, it is made clear in above para that each flat purchaser has given possession receipt, wherein no mention of any defects in the flats and building has pointed out. As regards Municipal water supply, it is pointed out that the opponent was directed by the Commission in the order dated 11.1.1999 to obtain the Municipal water supply for the flat purchasers. Later on in its order dated 22.6.2001, the present Commission has also made it clear that the Occupation Certificate will be without any qualification.

IT would be unfair to travel beyond both the orders referred to above. Hence issue raised by the opponent that there is no provision in the agreement about the pipe water supply cannot be considered at this stage. Occupation Certificate obtained by the opponent is a qualified one about the Municipal water supply. In the circumstances, it is incumbent on the opponent to provide Municipal water supply to the applicant. Taking into consideration, that the monsoon season is going on we direct that roughly within a period of 7 months i.e., upto 31st March, 2003, the opponent would provide Municipal water supply and obtain clear Occupation Certificate from the Planning Authority. The fine levied by the Commission in its earlier order will continue till the opponent obtains the clear certificate and provided Municipal water supply. Hence the following order : ORDER "The opponent would provide Municipal water supply and obtain clear Occupation Certificate from the Planning Authority within a period of 7 months i.e., upto 6th September, 2003. The fine of Rs. 100/- per day levied by the Commission in its earlier order will continue till the opponent obtains the clear certificate and provide Municipal water supply."

Application disposed of.