Aggrieved by the hardships caused by Royal Developers i.e. the Promoter post handover of the property to the purchasers, the Complainants i.e. Galaxy Co-operative Housing Society Ltd filed a complaint before the MSCDRC seeking compensation for willful deficiency of services by the Promoter. The case in dispute dealt with incorrect handover of the developed property by the Developer as they had:
- Not executed a conveyance deed in favour of the purchasers;
- Not obtained individual electric metres for each of the flat purchasers;
- Not obtaining the water connection for regular purposes ;
- Not providing power back up for the elevators in the building; etc.
It was further argued by the Complainants that the failure of the Developer to seek individual electric metres has led to the flat owners paying excessive amounts of money as the connection obtained by the Developer was still a commercial connection. Even the society was formed by the flat purchasers although it was the obligated duty of the Developer to form a society at the time of handing over the entire construction.
The following issues were decided upon based on the complainant’s contentions against the Developer:
- Whether there is deficiency in service on the part of the Opponent nos.1, 2 and 3?
- Whether the Complainant society is entitled for direction to Opponent nos.1 to 3 to obtain occupancy certificate?
- Whether the Complainant society is entitled for direction to the Opponent nos.1 to 3 to execute conveyance deed of the said property in favour of the Complainant society?
- Whether the Complainant is entitled for interest as claimed?
- Whether the Complainant is entitled for direction to Opponent nos.1 to 3 to make fire fighting system operational?
- Whether the Complainant is entitled for direction to Opponent nos.1 to 3 to install power back-up system for two lifts?
Hearing the contentions raised by the Complainants and also relying upon the documentary evidences produced, the Bench comprising of Mr. P.B. Joshi, Presiding Judicial Member and Mr.A.K. Zade, Member found the issues in favour of the Complainants and accordingly directed the Developer to pay an amount of Rs. Rs.84,56,636/- (inclusive of compensation of Rs. 35,00,000/- ) along with interest @ 12% pa on the amount of Rs. 49,56,636/- claimed by the Complainants for deficiency in services excluding compensation for the inordinate delay in the provision of services.
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