MAYUR CONSTRUCTION COMPANY Vs. HEMLATA BAKANE
LAWS(NCD)-2020-3-66
NCDRC
Decided on March 12,2020

Mayur Construction Company Appellant
VERSUS
Hemlata Bakane Respondents

JUDGEMENT

S. M. Kantikar,J. - (1.) The arguments in this case were heard by the learned counsel for the petitioners on 01.07.2019 and the following Order was passed: Heard learned counsel for the revision petitioners. Perused the material on record. The revision petition is dismissed. Reasoned judgment to follow. In pursuance to the said Order, reasons are as follow: 1. The dispute relates to deficiency in construction and providing amenities as promised by the opposite parties to the complainants. Brief facts are that the complainants had entered into agreement to sale for purchasing residential flats in the scheme of the OP. At the time of taking possession of the flats, some deficiencies in construction and some amenities like painting of staircase, generator back up etc. were noticed. These deficiencies were informed to the OP, who assured to remove them. On the assurance of the OP, the complainants took possession of the flats. Thereafter, being aggrieved by the non-removal of deficiencies, a complaint was filed by the complainants in the District Forum.
(2.) The District Forum heard both sides, appraised the evidence and vide its Order dated 15.5.2014, partly allowed the complaint with the following order: ORDER In view of the Section 12 of consumer Protection Act the complaint of the Complainants is partly allowed against the Opponent no. 1 to 4 jointly and severally 1 The Opponents are hereby directed to construct the compound wall in the flat scheme of Anant Shree Sankul in which the Complainants are having their flats as described in complaint. 2 They are directed to provide putting, painting and M.S. Railings to the staircase which is provided in the said building for the use of flat owners no. 101, 201, 301 and 401.
(3.) They are directed to provide power back up facility for lift which is provided in the said building for the use of flat owners no. 101 , 201, 301 and 401.;


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