Chandigarh Housing Board told to pay Rs 1 lakh for poor flat construction

Ramkrishan Upadhyay

Chandigarh, July 9

The State Consumer Disputes Redressal Commission, Chandigarh, has directed the Chandigarh Housing Board to pay a compensation of Rs 1 lakh to a city resident for poor quality of construction of a flat. The commission has also directed the CHB to pay interest at 9% p.a. on the amount deposited by him for the period of delay in giving the possession of the flat.

Vinay Kumar Srivastava, a city resident, has challenged the order of the district forum dated May 26, 2023, vide which the forum had dismissed his complaint filed against the housing board.

Vinay Kumar in the appeal filed through counsel Neeraj Pal Sharma said he had applied for a group housing scheme floated by the housing board in Sector 51-A, Chandigarh. In the scheme he was allotted a flat, the cost of which was Rs 71 lakh. The possession of the flat was to be given within 36 months, i.e. on June 10, 2019, but they got the allotment letter on December 17, 2019.

He took possession on January 23, 2020. He said after taking the possession he was shocked to see that there were a number of flaws in the flat construction. He claimed that he brought these to the notice of the board, but to no avail.

Denying that there was any time limit to hand over the possession to the allottees, the board pleaded that the construction was delayed due to conditions beyond their control.

After hearing the arguments, the state commission said the lower commission had wrongly held that there was no deficiency in service or unfair trade practice on the part of board.

The commission said the photographs placed on record by the complainant not only spoke volumes about the material used by the opposite party, but also depicts the flaws in the construction, thereby compromising the strength of the building.

In view of this, the commission directed the CHB to pay the complainant compensation at 9% interest p.a., starting from June 10, 2019, till January 23, 2020, on the amount deposited by him within 30 days from the date of receipt of a certified copy of the order. It also directed the board to pay the complainant a compensation of Rs 1 lakh for poor quality of construction of the flat and Rs 30,000 as cost of litigation.