deficiency in service
Querist :
Anonymous
(Querist) 24 October 2009
This query is : Resolved
Of course, the consumer protection act 1986 provides for consumers to approach Forums to get compensation for deficiency of service on part of institutions. The foras are flooded with cases. While the institutions have their legal wing to deal with cases, the consumers are to either employ advocates or plead by themselves. To protect the name of the institutions its authorities will go from post to pillar up to Supreme Court. Delay in delivery of goods by carriers like plane/ship by 15 days at the destinations seems to be a minor thing. If items involved were life saving medicines etc taking the institution to task may be justified. In my case I took a builder to fora as there was delay in completion of a cottage by a decade. While the fora decided the case in my favor only on later date I came to know the builder did not take the basic site and plan approvals from the local authorities. I had to get them on my own accord. When I approached the fora again to make the builder stand for the cost it rejected my petition on grounds that I am bringing new issues not discussed in main case. The order in main case instructs the builder to complete the ‘construction’. How can the same fora make its own interruption of the meaning of ‘complete the construction’ to say it does not cover procuring necessary plans?
No institution takes orders of fora seriously. Appeal after appeal is made. It is time the Act is amended to give a reasonable meaning to the word ‘deficiency of service’
PJANARDHANA REDDY
(Expert) 24 October 2009
ABOVE QUERY DEFINITELY BE LOOKED IN BY EXECUTIVE,JUDICIARY,LAW COMMISSION ETC.,
A.P.Manoranjan
(Expert) 24 October 2009
When the matter in under subjudice, we should not take the law in to our hands and blame the Fora. When the builder didnot take the the basic site and plan approvals from the local authrities,the same should have been intimated by way of Memorandum to the Fora for a direction to the Builder instead of completing ourselves and ask for the costs from the builder which is not the issue in the main case.
Querist :
Anonymous
(Querist) 24 October 2009
What I have done is a right thing first. The cottage was completed without plans and it stood as ‘unauthorized construction’ when the builder made over to me and this fact was unknown to me when I took the builder in main case. As per the tamilnadu gazette notifications the local authorities are vested with powers to give notice to owners (not builders) to remove such buildings and if not complied then it can seal the building. And by another Amendment to the Tamilnadu Town and Country Planning Act 1971 the courts are restrained not to issue 'injunctions’ against notices. If forum issues direction to builder to obtain plan and if he does not do I can not say to the local authorities to stay demolishing my cottage because judiciary is behind the builder. Secondly my approach to forum to get relief in form of compensation to obtain plans from the builder was the only option. My cottage escaped sealing by a wicker. The gazette notification came in force by December 10th 2008 and I had obtained the approvals by 8th October 2008.
Hopefully I feel Mr. A.P.Manoranjan will agree with me Judiciary will think 100 times before intruding in to the territory of an Executive authority.
N.K.Assumi
(Expert) 24 October 2009
The problems is triggered by the absence of escrow Report in the constructions of the cottage or whatever it may be.As long as such contract are made without the presence of Title investigators or the Escrow report, such incidents will occured in the transactions.
Querist :
Anonymous
(Querist) 24 October 2009
I do agree with Mr. N.K Assume that cases of contracts signed without specific reference about obtaining of approvals come up before Judiciaries. Absence of any specific clause in the contract on approvals does not mean that the builder can go ahead indulging in illegal things like not obtaining permissions. The Judiciary should not insist on inclusion of plan approval clause in the contract; if it is absent can not give a clean chit to builder.
adv. rajeev ( rajoo )
(Expert) 24 October 2009
What was your prayer in the complaint. I think your pra;yer was to complete the construction.
When your prayer was specific then fora has ordered rightly.
When you want to go with the new issue, they you could have amended you plaint by impleading the new issues.
Raj Kumar Makkad
(Expert) 24 October 2009
One cause of action arose to you has rightly been decided and further developments cannot form part of earlier complaint so better file another.
Querist :
Anonymous
(Querist) 24 October 2009
Dear Mr.Rajeev,
The original petition was for an order binding a builder to complete a construction without escalating the cost as specified in the contract. I got a favorable order ’the builder is directed to hand over the possession of a cottage after completing the construction in all respects without defects’. In run up to the decision the judge has remarked that my ‘main complaint’ was escalating the charges and ‘delay’along with minor works yet to be done. The builder gave me the keys to cottage intimating he had completed the construction. Since basic amenities like water etc were absent and defects were there I pursued an Execution petition. In the mean time fora President was changed. He took a stand handing over the keys amounted to giving possession and remedy for defects were to be sought in civil court. Aggrieved I appealed to the State Commission.
It held, since the original order had not indicated what and what defects should not be there, the pith and substance is only for escalation charges and delay. Commentary on consumer act 1986 says ‘failure to hand over the registered document along with a jeep purchased is a defect’ Logically , I argued ‘failure to hand over approved plans along with cottage’ is a defect. It fell in deaf ears. After one month from the date, the President who pronounced the order was removed from the bench on writ quo warranto by High Court on petitions filed by group of lawyers(not on the basis of my case). Unfortunately legality of the order remains as per law. Instead of going to National Commission I am trying through civil courts.
