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M.p. Housing Board v. Sunita Verma

M.p. Housing Board v. Sunita Verma

(Madya Pradesh State Consumer Disputes Redressal Commission, Bhopal)

Appeal No. 2136 of 2002 | 20-01-2004

1. Heard. The controversy lies in a very narrow compass. The respondent is an allottee of a house allotted by the appellant - M.P. Housing Board. Although, the complainant alleged a number of defects in the house almost in every count, however, the Forum below has allowed the complaint in part requiring the appellants to remove the defect of leakage and seepage or else to pay compensation Rs. 50,000/- to the respondent. However, there is no evidence on record to justify the awardment of compensation Rs. 50,000/-. Shri Budholia, learned counsel for the appellants submitted that the appellants are always willing to remove the defect if any and the work done in this regard may be got verified by appointing some Commissioner. His objection is regarding awardment of said compensation of Rs. 50,000/- and it is further submitted that the respondent is now insisting for payment of the said money and is not permitting the officers of the Board to enter the house and remove the defect.

2. Having heard learned counsel for parties, we dispose of this appeal with the direction that the direction for removal of defect shall be complied with by the appellants and they shall report the compliance to the District Forum within 60 (sixty) days. Needless to say that the respondent shall afford all necessary facility to the appellants for removal of the said defects. In case the respondent disputes the quality of work done by the appellants, the Forum below shall appoint some expert to inspect the spot and find out whether or not the defect has actually been removed. The Forum below shall be further justified in getting the said defect removed at the cost of the appellants. With this modification in the impugned order this appeal stands disposed of but with no order as to costs.

Appeal allowed.

Advocate List
  • H.P. Budholia, Advocate

  • Virendra Singh, Advocate

Bench
  • N.K. JAIN, PRESIDENT
  • B.L. KHARE
  • PRAMILA S. KUMAR, MEMBERS
Eq Citations
  • LQ
  • LQ/SCDRC/2004/104
Head Note

Consumer Protection — Services — Housing/Construction/Real Estate — Defects in construction — Compensation — Allottee of a house allotted by appellant M.P. Housing Board alleged a number of defects in the house almost in every count, however, the Forum below allowed the complaint in part requiring appellants to remove the defect of leakage and seepage or else to pay compensation Rs. 50,000/- to the respondent — No evidence on record to justify the awardment of compensation Rs. 50,000/- — Appellants always willing to remove the defect if any and the work done in this regard may be got verified by appointing some Commissioner — Respondent now insisting for payment of the said money and is not permitting the officers of the Board to enter the house and remove the defect — Appeal allowed with the direction that the direction for removal of defect shall be complied with by the appellants and they shall report the compliance to the District Forum within 60 (sixty) days — Respondent shall afford all necessary facility to the appellants for removal of the said defects — In case the respondent disputes the quality of work done by the appellants, the Forum below shall appoint some expert to inspect the spot and find out whether or not the defect has actually been removed — The Forum below shall be further justified in getting the said defect removed at the cost of the appellants