- (1.) THIS appeal is directed against order dated 4.10.2010 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No. 296/2010, whereby the complaint was partly allowed and directions regarding payment of compensation were made. The OP builder has preferred the appeal under consideration.
(2.) BRIEFLY stated the facts of the case are that the complainant had purchased house bearing No. E/76 from the OP. The OP had assured for making provision for rainwater harvesting and for using good quality material. The builder did not fulfil aforesaid assurances. He used inferior quality material for construction. Plastic pipe instead of GI pipe was used, wood used for frame of windows, was also inferior quality. The builder had also charged Rs. 20,000 for single phase electric meter, Rs. 5,000 towards association membership and Rs. 7,200 towards maintenance, but he did not give receipt of the said amount. While the house was under construction, the complainant made several requests for taking proper care during construction and using good quality material, but the OP did not pay any heed to aforesaid requests, thereby mental harassment was caused to the complainant for which he claimed Rs.5,00,000 (five lacs) towards mental harassment before the District Forum. He filed his own affidavit together with some documents and photographs.
(3.) IN the written version, OP had averred that the complainant had received possession of the relevant house on 3.3.2009 in presence of witnesses. While taking possession of the house, he was fully satisfied with the quality of construction and the material used. There was no agreement to make provision for rainwater harvesting. It was provided in every agreement that the purchaser/owner of the house will pay Rs. 20,000 towards electric connection. The same was charged from all purchasers. Transformers, etc. were also required to be installed for supplying electricity in the Society, so the aforesaid sum was charged. OP took the plea that a sum of Rs. 18,000 is still due from the complainant besides Rs. 5,000 towards membership fee of the Society. Receipt was not issued in his favour as he did not pay the amount towards membership. It was clarified by the OP that as per term 10 of agreement, a sum of Rs. 7,200 was charged for the period of 2 years @ Rs. 300 p.m. for routine maintenance and upkeep of the society. For this purpose OP had to appoint watchman, pump operator, etc. The allegations made in the complaint are totally false and baseless. The complainant had got some additional construction work done and crack has resulted due to said work. It was averred that the OP is still prepared to provide treatment to the wood of windows and doors for termite. It was further averred that the technical report filed by the complainant cannot be relied, as it is not mentioned in the report as to what type of material has been used in construction of the house. It is prayed that the complaint be dismissed. Affidavit in support of written version has been sworn in by the Director, Shri Anant Singh and some documents and photographs have been filed. As noted earlier, the District Forum partly allowed the complaint.;