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Judgment
THIS is an original petition with regard to deficiency in services in housing matters. The petitioner is a society registered under the Maharashtra Cooperative Societies Act, I960, comprising of 569 tenement-holders and allottees in Trimurti Nagar, Nagpur. The said tenements were constructed by the respondent-Board, registration of demand, for which was advertised on 20.4.1980.
THERE were several grievances of the petitioners brought to the notice of the respondent Board in course of time, and the same are listed in the petition before this Commission. The main grievance appears to be that of recategorisation of flats, deviating from what was initially advertised, resulting in enhancement of the prices and also loss of plinth area. There is also the grievance of substandard material used for construction for H.I.G., M.I.G. and L.I.G. tenements.
ONE other complaint the Society has is that the Board has not constructed an overhead water tank, with required pumping facility for the water supply of the entire colony, in spite of collecting Rs. 4,0007- from all the 321 allottees on this .pretext.
IN its prayer the Society has asked for all kinds of directions to be made to the Board, viz., (a) to compensate the allottees and members of the Society for the loss incurred by them in the process of recategorisation and to fix the sales price as originally advertised. (b) to compensate them for the loss in plinth area caused by the recategorisation. (c) to restrain the Board from collecting Higher Purchase Instalments and compensate them for Higher Purchase instalments already taken. (d) to compensate them for loss incurred due to substandard material used in construction. (e) to direct the Board to execute sale deeds in respect of the tenement holders who have paid the sale price as on 20.4.1980. (f) to direct the Respondent Board to provide public utility space as stipulated earlier in the plan and which was subsequently sold to M.S.E.B. by N.I.T. (Nagpur Investment Trust) with the consent of the Board, or to compensate the allottees for the same; and (g) to direct the Board to construct an overhead tank for water supply on which count money had already been collected from the allottees.
After perusing the written submissions and hearing both parties the Commission is of the view that most of the issues highlighted cannot be adjudicated upon under the Consumer Protection Act, 1986 as complicated questions of law and facts are involved, and elaborate oral and documentary evidence is required.
But, on one count where payment had been made for a particular service, and which has not been provided, viz. the over-head water tanks with pumping facility for the supply of water to the 109 developed plots where H.I.G., M.I.G. & L.I.G. tenements have been built, we direct the Board to provide the same in six months time. Liberty is given to the petitioners to approach the Civil Court for relief on the rest of their complaints. There will be no order as to costs.