S. HARINDER SINGH CHADHA vs S.L. BUILDERS (P) LTD.

BRIEF facts of the case are that Mr. Harinder Singh Chadha, complainant for short, is the owner of property No. A-l, Friends Colony, New Delhi. There existed a single storeyed house on the plot. The complainant entered into a building development agreement with M/s. S.L. Builders (P) Ltd., opposite party-1, of which Mr. A.K. Jaju, opposite party-2 is a Director. On 3.3.1992, the building was to be further constructed and altered in accordance with the sanctioned building plan. The construction was to be completed within a period of 18 months from the date de facto possession was handed over to the opposite parties. Dejure possession was to continue with the complainant throughout. The opposite parties deposited a security deposit of Rs. 7 1acs with the complainant. The amount was not to carry any interest and it was made to ensure due compliance of the terms of the agreement by the opposite parties. It was to be returned to the said promoters/developers on completion of construction or the Architect having certified that the building could be occupied. In the event of delay in the construction, the opposite parties were liable to pay damages @ Rs. 5,000/- p.m. The opposite parties were also liable to pay any composition fee imposed by MCD for deviation from the sanctioned plan. The case of the complainant is that he handed over possession of the site to the opposite parties on 26.7.1993. The opposite parties failed to complete the construction within the stipulated period and the complainant was entitled to liquidated damages @ Rs. 5,000/- p m. Certain deviations were made in the construction and the MCD imposed a composition fee amounting to Rs. 1,64,191/- and also directed the removal of deviation which were not compoundable. Further grievance of the complainant is that the opposite party failed to carryout water proofing in the besement. As a result of seepage water collected in the basement, he obtained an estimate for getting the defect rectified. The estimate was to the tune of Rs. 3,96,400/-. Therefore, this complaint. The complainant seeks to recover the aforesaid amounts and also a direction to the opposite parties to remove the non- compoundable deviations and formally hand- over possession of the duly completed building to the complainant.

NOTICE of the complaint appears to have been sent through courier as well as by registered post. The opposite parties failed to appear inspite of service and were proceeded ex-parte. The complainant has filed his affidavit dated 12.1.1994. Neither party appeared when the case came up for hearing. We have, therefore, gone through the records and proceed to dispose of the complaint according to law. In the affidavit of the complainant it has been stated in para-18 that the complainant had returned a sum of Rs. 6,45,000/- in driblets out of the security amount of Rs. 7,00,000/-. Receipts issued in this behalf have been placed on record. The payment of various amounts was made from 13.9.1993 to 20.3.1994 to talling Rs. 6,45,000/-.

The material averments made by the complainant stands substantiated from the documents placed on record namely property development agreement and payment of Rs. 7,00,000/- by way of security and estimate regarding water proofing and composition fee of Rs. 1,64,191/- imposed by MCD, and the affidavit of the complainant himself. The complainant also sent a legal notice dated 24.8.1994 through his Counsel to which he failed to receive any reply. The above facts have not been controverted by the opposite parties. Accordingly, the complaint is allowed and the opposite parties directed to pay the following amounts : (1) Rs. 3,96,400/- on account of water proofing; (2) Rs. 1,64,191/- on account of composition fee; (3) Liquidated damages @ Rs. 5,000/- p.m. w.e.f. 26.2.1994 till the filing of the present complaint on 20.9.1994. In his affidavit, the complainant has stated in para-18 that he refunded Rs. 6,45,000/- in driblets from time to time during the period 13.9.1993 to 20.3.1994 from out of the security amount on Rs. 7,00,000/- deposited by the opposite parties for satisfactorily completion of the agreement. The said payment is said to have been made in good faith and the complainant cannot be held estopped from recovering the various amounts awarded in the earlier part of this order. In addition to the above, the complainant shall also receive another Rs. 5,000/- for removing the uncompoundable deviations and costs of the present complaint. The opposite parties shall comply with this order within one month of the receipt of a copy of the order failing which the amount shall carry interest @ 18% p.a. till the same is paid. A copy of this order be communicated to both the parties. Complaint allowed.