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    46 views207 pages

    1-200 Namrata Sethia

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    Astuti Singh

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    BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION, NEW DELHI First Appeal No. of 2021 ellant Mrs. Namrata Sethia Appella! Versus spondents Mr. Ridhikaran Bachawat & Others ... Responde INDEX Is) Particulars | Pages | No. — 7 i 1. - 40 [2 | List of Dates & Events eo 3. | Appeal under Consumer Protection Act j against Final Order & Judgment dated 03.09.2021 passed by Rajasthan State | ¢ — |q “Consumer Dispute Redressal Commission, Jaipur in Consumer Complaint No. 75 of 2015 ‘tiled as “Ridhikaran Bachawat & Another - ; hia & Another” \4 | Affiday u ofAppeal 5. Annexure A-1 Certified copy of Impugned order and [Judgment dated 03.09.2021 alongwith | | English translation thereof. 6. |AnnexureA-2 —_ =) | Copy of Power of Attorney dated 10.03.2011 7. | Annexure A-3 (collectively) Copies of some invoices in respect of material/items brought in the subject matter | property by appellant. 8, | Annexure A-4 | Copy of Agreement dated 27.03.2012 as ‘placed by respondent No.1 & 2 before the | Hon'ble State Commission. /9. Annexure A-5 a | Copy of document styled as “Permission Letter” dated 22.06.2012 (oe Annexure A-6- | Copy of Agreement dated 27.06:2012 between respondent No.l & 9 °%and" ‘Pani [08-19 [lo | | Construction Company. ju 15. a 18, Annexure AIS | “Annexure A-7 “Copy of Agreement dated 29.06.2012 between respondent No.1 & 2 and Aggarwal - Enterprises. [6-12 Annexure A-8 Copy of Sale Deed dated 06.07.2012 alongwith 22-14 English Translation thereof. | Annexure A-9 Copy of Declaration dated Nil alongwith ||37 - |‘ English Translation thereof. Annexure A-10 Copy of Legal Notice dated 18.05.2015 [11 -]5e alongwith English Translation thereof. ‘Annexure A-ll | Copy of Reply dated 01.06.2015 alongwith | | 51-16) | English Translation thereof. | | | Annexure A-12 Copy of Consumer Complaint No. 75 of 2015 alongwith English Translation thereof and [62-199 alongwith photographs relied upon by respondent No.1 & 2. Annexure A-13. | Appellant’s reply/written. statement tO 959-263 Consumer Complaint alongwith English Translation thereof. VAnnexure A140 | Evidence ‘Affidavit of Respondent No.1 | 24 5- 302 alongwith English Translation thereof. | Bvidence Affidavit (for respondent Nos.1 & 2) | of Mr. Vinay Kumar Soni, Civil Engineer-cum- 303-314] Valuer alongwith English Translation thereof and his defect and rectification report dated | 21.11.2014 ‘Annexure A-16 | Evidence Affidavit of appellant alongwith | 3)5'- 38° | ianglish Translation thereo! ee | | Annexure A-lT | rbvidence Affidavit (for appellant) of Mr. Prithvi | 36] - 34+ ingh Rathore, Construction Expert alongwith nglish Translation thereof. _ 22. | Annexure A-18 | Evidence Affidavit (for appellant) of Mr 94) 959, Ramesh Chandra Bairwa, Construction |? 7!~ 7 Expert alongwith English Translation thercof, 23. Annexure A-19 Copy of Order dated 03.01.2019, passed by 33-3- 4/9 Ld. State Commission alongwith English Translation thereof, 24. Annexure A-20 Copy of this Hon’ble Commission’s Order 4j$- 422 dated 09.12.2019 in First Appeal No. 253 of 2019 25. | Annexure A-21 (collectively) | Copy of Cross examination of Mr. Vinay [422 Wes Kumar Soni, Civil Engineer took place before anlee the Ld. State Commission recorded on 09.03.2021 and 16.03.2021 alongwith English Translation thereof. - 26. | Vakalatnama Appellant Through Counsels Bharti Parsoon, Advocate (P/41/1989) S.P. Chopra, Advocate (P/798-B-1/2001) Ms. Sonam Priya, Advocate (D/2180/2016) Bharti Law Chambers # 406, Antriksh Bhawan, KG Marg, Connaught Place, New Delhi-110001 Mob: 9811320198 Email: spcadvocate@yahoo.com Date: Place: New Delhi stant appeal is within the period of limitation (ii) All documents/annexures filed with instant appeal are part of record of Hon’ble Rajasthan State Consumer Dispute Redressal Commission, Jaipur (iii) Appellant has not filed any other appeal or petition either before this Hon’ble Commission or before Hon’ble Supreme Court or before any other Court for challenging the impugned order & judgment. (iv) No notice of Caveat has been received. BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTE. REDRESSAL COMMISSION, NEW DELHI First Appeal No of 2021 Mrs. Namrata Sethia Appellant Versus Mr. Ridhikaran Bachawat & Others Respondents MEMO OF PARTIES Mrs. Namrata Sethia W/o Mr. Vivek Sethia R/o 801, Western Heights, S-21, Shyamnagar, Jaipur, ..Appellant Versus 1. Mr. Ridhikaran Bachhawat S/o Sh. Pannalal Bachhawat R/o B-143, Hanuman Nagar, Jaipur 2. Mrs, Suman Devi W/o Sh. Ridhikaran Bachhawat R/o B-143, Hanuman Nagar, Jaipur 3. Mrs, Sushila Biyani W/o Sh. Satyanarayan Biyani R/o 405, Manshree Janpath, Shyamnagar, Jaipur Date: Place: New Delhi ..Respondent No.1 ...Respondent No.2 ..Respondent No.3 Appellant Through Counsel Bharti Parsoon, Advocate . (P/41/1989) S.P. Chopra, Advocate (P/798-B-1/2001) Ms. Sonam Priya, Advocate (D/2180/2016) Bharti Law Chambers #406, Antriksh Bhawan, KG Marg, Connaught Place, New Delhi-110001 Mob: 9811320198 Email: spcadvocate@yahoo.com BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION, NEW DELHI First Appeal No. of 2021 Mrs. Namrata Sethia .. Appellant Versus Mr. Ridhikaran Bachawat & Others ... Respondents List of Dates & Events Dates -|Event 7 05.11.2008 |: | Respondent No.3 purchased Plot bearing _ | No. B-143, measuring 299.84 square || meter situated at Hanuman Nagar-B, Kathipura, Jaipur vide Sale Deed dated 05.11.2008 and constructed basement, ground floor and first floor thereon. 10.03.2011 |: | Respondent 3 executed register Power of Attorney in favour of Appellant, authorizing appellant interalia to complete the remaining construction on aforesaid property and to sell the same. i 27.03.2012 | : | Appellant entered into an Agreement with | |respondent No.1 & 2 for sale of said | | property. 22.06.2012 Respondent Nos.1 & 2 took over the | possession of aforesaid property and | executed a document styled as | |*Permission Letter’, wherein respondent | |Nos.1 & 2 acknowledged that “Before taking over the possession the purchaser | has/have inspected the said House No. B- 143, Hanuman Nagar, Vaishali Nagar, Jaipur and —-has/have _ satisfied | | himself/herself/ themselves regarding the specifications, quality of construction, layout, fixture, fitting and other material used and provided are in good working | condition. 27.06.2012 Respondent Nos.l1 & 2 granted Lindependent contract to M/s. Tanishka 29.06.2012 06.07.2012 [18.05.2015 Construction Company for “finishing and completing the remaining — work — of ruction and decorating” the aforesaid perty. The works assigned to M/s. | niksha Construction Company have ed in annexure attached to said nt as under:- | agreem “(i) Civil work, Flooring, tiling stone work, | fitting cutting, designing False ceiling, paints polish ete. | | Gi) Landscaping at GF level and outside house, including horticulture work as per the drawings given to the client. Plants to be used Green/Black Palm, Norlina Palm, Phoenix Palm, Golden Dhurmat, Lal Sag, Snow Bush, Christmas Tree, Palmeria Pudaka, Addemiums, Jak monshia etc., | alongwith anti termite treatment & compost manures. | | (ai) Water Proofing treatment on terrace alongwith laying of stones in | | aesthetic combinations. iv) Landscaping on terrace and construction of fountain alongwith | vane | lights and complete mechanism. FRespondent Nos. & 2 granted another independent contract to M/s. Aggarwal | Enterprises for installation of bath | cubicles, providing tiling fitting, sanitary |cabinets, providing and fixing wooden ig ig | flooring etc. le "Appellant executed and registered sale | |deed of aforesaid property in favour of respondent No.1 & 2. Alongwith sale deed appellant also executed a Declaration dated Nil regarding quality of construction. | | | "Respondent Nos.1 & 2 sent a legal notice [to appellant demanding a sum of | Rs.32,40,000/- towards damages on _ account of defective construction and Rs. 10,00,000/- towards mental | harassment. 6) 01.06.2015 The said notice replied by appel ated 18.05.2015 was duly ant through her counsel 16.07.2015 Respondent Nos.1 & 2 filed Consumer Complaint No. 75 of 2015, claiming a sum of Rs.32,40,000/- towards damages on account of defective construction and a sum of Rs.10,00,000/- on account of harassment with interest 03.01.2019 | Vide Order dated 03.01.2019, Hon'ble State Commission allowed the complaint. 2019 Appellant challenged the __State “Commission’s Order dated 03.01.2019 before this Hon’ble Commission in First | Appeal No. 235 of 2019 | Vide Order dated 09.12.2019, this Hon'ble | Commission was pleased to set aside State Commission’s order dated 03.01.2019 and “remanded the matter for fresh decision, | after giving appellant opportunity to cross | |examine Mr. Vinay Kumar Soni, Civil | | Engineer. 09.12.2019 09.03.2021 |: |Cross examination of Mr. Vinay Kumar Soni, Civil Engineer tovk place before the Hon'ble State Commission. "16.03.2021 |: | Further cross examination of Mr. Vinay Kumar Soni, Civil Engineer took place before the Hon’ble State Commission. ‘Impugned Order & Judgment was passed, _ whereby | |Hon’ble State Commission ordered appellant to pay a sum of Rs.32,00,000/- [to respondent Nos.1 & 2 towards | compensation alongwith interest @9% per ‘annum with effect from date of filing of — complaint i.c. 16.07.2015 till payment. | | | | Appellant was further directed to pay @ | | | | sum of Rs.3,00,000/- to respondent Nos.1 | | | | & 2 towards mental harassment and a | sum of Rs.21,000/- towards litigation expenses. 03.09.2021 Instant appeal is being filed challenging _|the said order of 03.09.2021 of the | | | ] Rajasthan Consumer Disputes Redressal | [Commission, Jaipur, BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION, NEW DELHI First Appeal No of 2021 Mrs. Namrata Sethia Appellant Mr, Ridhikaran Bachawat & Others ... Respondents + Protection Act against Final Order & 021 passed by Rajasthan State Consumer ssion, Jaipur in Consumer Complaint No. dhikaran Bachawat & Another Versus Appeal under Consume Judgment dated 03.09.21 Disputes Redressal Commi: 75 of 2015 titled as “Ri Namrata Sethia & Another” Respectfully Showeth:- 1. That appellant is hereby challenging final Order & Judgment dated 03.09.2021 passed by Rajasthan State Consumer Dispute Redressal Commission, Jaipur in Consumer Complaint No. 75 of 2015 titled as “Ridhikaran Bachawat & Another Versus Namrata Sethia & Another”. The Impugned order and Judgment dated 03.09.2021 is annexed herewith as Annexure Al. Brief facts of the matter:- That respondent No.3 purchased Plot bearing No. B-143, measuring 299.84 square meter (358 square yards) situated at Hanuman Nagar-B, Kathipura, Jaipur vide Sale Deed dated 2 05.11.2008 and constructed basement, ground floor and first floor thereon. 3. That on 10.03.2011, respondent No.3 executed registered Power of Attorney in favour of Appellant, authorizing appellant interalia to complete the remaining construction on said property and to sell the same. Copy of said Power of Attorney dated 10.03.2011 is annexcd herewith as Annexure A-2. That appellant brought in various materials on the aforesaid property. Copies of some of the invoice in respect of material/items @ brought in by appellant in aforesaid property are annexed herewith as Annexure A-3 (collectively) That as per case setup by respondent Nos.1 & 2, Respondent Nos. 1 & 2 and appellant entered into an Agreement dated 27.03.2012 for sale of said property and relied upon a truncated document as said Agreement dated 27.03.2012. Copy of said Agreement dated 27.03.2012 as relied upon by respondent No.1 & 2 is annexed herewith as Annexure A-4,|It is submitted that during the Proceedings of First Appeal No. 235 of 2019 before this Hon'ble Commission, respondent No.1 & 2 have admitted that they do not have the original or even the complete copy of said Agreement dated 27.03.2012.) That on 22.06.2012, respondent Nos. 1 8& 2 took over the possession of aforesaid property and executed a document styled as “Permission Letter”, wherein respondent Nos.1 & 2 acknowledged that “Before taking over the possession the purchaser has/have inspected the said House No. B-143, Hanuman Nagar, Vaishali Nagar, Jaipur and has/have satisfied himself/herself/themselves regarding the specifications, quality of construction, layout, fixture, . fitting and other material used and provided are in good working condition.” Copy of said Permission Letter dated 22.06.2012 is annexed herewith as Annexure A-5 That on 27.06.2012 [i.c. before execution of Sale Deed], respondent No.1 & 2 granted independent contract to M/s. Tanishka Construction Company for “finishing and completing the remaining work of construction and decorating” the aforesaid property. The works assigned to M/s. Taniksha Construction Company have been detailed in annexure attached to said agreement as under:- i) Civil work, Flooring, tiling stone work, fitting cutting, designing False ceiling, paints polish ete. ® (ti) Landscaping at GF level and outside house, including horticulture work as per the drawings given to the client. Plants to be used Green/Black Palm, Norlina Palm, Phoenix Palm, Golden Dhurmat, Lal Sag, Snow Bush, Christmas Tree, Palmeria Pudaka, Addemiums, Jak monshia etc., alongwith anti termite treatment & compost manures (iti) Water Proofing treatment on terrace alongwith laying of stones in aesthetic combinations. (ix) Landscaping on terrace and construction of fountain alongwith lights and complete mechanism.” Copy of said Agreement deted 27.06.2012 is annexed herewith as Annexure A-6. That on 29.06.2012 (i.e. before execution of Sale Deed), respondent Nos.1 & 2 granted another independent contract to M/s. Aggarwal Enterprises for installation of bath cubicles, providing tiling fitting, sanitary cabinets, providing and fixing wooden flooring etc. Copy of said Agreement dated 29.06.2012 is annexed herewith as Annexure A-7. That on 06.07.2012, appellant executed and registered sale deed of aforesaid property in favour of respondent Nos.1 & 2. As per said Sale Deed dated 06.07.2012 the condition of construction of property sold to respondent No.1 & 2 is “ordinary”, “unfinished” & “unfurnished”. Consideration for sale of said property as per the sale deed is Rs.2,00,00,000/- (Rupees Two Crore only) the breakup of which is as follows:- (i) Value of land measuring 358 square yards at the rate of Rs.40,000/- per square yard i.e. Rs.1,43,20,000/-. (ii) Cost of obtaining water connection, electricity connection, boundary wall & bore well is Rs.8,00,000/-. c (iii) Cost of construction Rs.48,80,000/ Copy of said Sale Dee’ py of said Sale Deed dated 06.07.2012 is annexed herewith as Annexure-A-8. That along S0 alongwith Sale Deed, appellant also exccuted a Declaration jated N il regarding quality of construction. Copy of said Declaration dated Nil is annexed herewith as Annexure A-9. That on 18.05.2015, respondent Nos.1 & 2 sent a legal notice to appellant demanding a sum of Rs.32,40,000/- towards damages on account of defective construction and Rs.10,00,000/- towards mental harassment. Copy of said legal notice dated 18.05.2015 is 0. The said notice dated annexed herewith as Annexure A-1 lant through her counsel. 18.05.2015 was duly replied by appell is annexed herewith as Copy of said reply dated 01.06.2015 Annexure A-11. ondent Nos.1 & 2 filed Consumer Complaint ig a sum of Rs.32,40,000/- towards damages .000/- That thereafter resp No. 75 of 2015, claimin, on account of defective ‘on account of harassment wit Complaint No. 75 of 2015 alongwi pondent Nos.1 & 2 is annexed her construction and a sum of Rs.10,00, th interest. Copy of the Consumer ith photographs relied upon by ewith as Annexure A-12. res| .s of pleadings and evidence led before That following are the copie Hon’ble State Commission below:- (i) Appellant’s reply/written statement to Consumer Complaint is Annexure A-13. nt No.1 is annexed herewith as (i) Bvidence Affidavit of Responde! Annexure A-14 No.1 & 2) of Mr. Vinay avit (for respondent with his defect (iii) Evidence Affid neer cum Valuer alon| Kumar Soni, Civil Engi © and rectification report dated 21.11,2014 is annexed herewith as Annexure A-15, (iv} Evidence Affidavit of appellant is annexed herewith as Annexure A-16, (x) Bvidence Affidavit (for appellant) of Mr, Prithvi Singh Rathore, Construction Expert working as Project Manager with Vardhaman Group of Builders at Jaipur is annexed herewith as Annexure A-17. (vi) Evidence Affidavit (for appellant) of Mr. Ramesh Chandra Bairwa, Construction Expert is annexed herewith as Annexure A-18. That vide Order dated 03.01.2019, Hon’ble State Commission allowed the complaint. Copy of said Order dated 03.01.2019 is annexed herewith as Annexure A-19. That appellant challenged Hon'ble State Commission’s Order dated 03.01.2019 before this Hon’ble Commission in First Appeal No. 235 of 2019, whereby vide Order dated 09.12.2019, this Hon’ble Commission was pleased to set aside Ld, State Commission’s order dated 03.01.2019 and remanded the matter back for fresh decision after giving appellant opportunity to cross examine Mr. Vinay Kumar Soni, Civil Engineer. Copy of this Hon’ble Commission's said Order dated 09.12.2019 is annexed herewith as Annexure A-20. That thereafter cross examination of Mr. Vinay Kumar Soni, Civil Engineer took place before the Hon'ble State Commission. Copy of cross examination of Mr. Vinay Kumar Soni recorded on 09.03.2021 and 16.03.2021 is collectively annexed herewith as Annexure A-21 That vide Impugned final order & Judgment dated 03.09.2021, Ld. State Commission allowed the complaint and directed appellant to ® pay a sum of Rs.32,00,000/- to respondent Nos.1 & 2 towards compensation alongwith interest @ 9% per annum with effect from date of filing of complaint ic. 16.07.2015 till payment. Appellant was further directed to pay a sum of Rs.3,00,000/- to respondent No.1 & 2 towards mental harassment and a sum of Rs.21,000/- towards litigation expenses That it is submitted that Impugned Order & Judgment dated 03.09.2021 are wrong and are liable to be set aside on following amongst other GROUNDS Respondent No.1 & 2 are not consumers (i) BECAUSE appellant has neither sold any good nor rendered any service to respondent Nos.1 & 2. The transaction between the parties is for sale of already constructed house. This is a transaction for sale of immovable property and not a transaction for sale of any goods or service. Hence respondent Nos.1 & 2 are not consumers under Consumer Protection Act. (i) BECAUSE there is nothing on record which shows that ” appellant sold the said property to respondent Nos.1 & 2 during the course of her trade or business. A solitary transaction for sale of already constructed immovable property by appellant to respondent No.1 & 2 is not sufficient to treat appellant as a business woman or trader or manufacturer or service provider under the provisions of Consumer Protection Act. Hence respondent Nos. 1 & 2 cannot be appellant’s consumers Agreement to Sell dated 27.03.2012 is unenforceable. (ii) BECAUSE the copy of Agreement to Sell dated 27.03.2012 as placed on record by respondent Nos.1 & 2 is unenforceable because:- @ {a} itis a truncated document and it is a settled law that truncated document cannot be relied upon. ‘onsideration is mentioned therein, (b) no sa (c) vide Permission Letter dated 22.06.2012, respondents. have expressed satisfaction about specifications and quality of construction without any reservation regarding any defect or any work allegedly not done by appellant, (d) Agreement to Sell dated 27.03.2012, has been superseded by Sale Deed dated 06.07.2012. It is submitted that after execution and registration of the Sale Deed, prior Agreement to Sell between the same seller and buyer cannot be enforced. Report of Mr. Vinay Kumar Soni , Civil Engineer is subjective and arbitrary (iv) (v) BECAUSE the entire case of respondent Nos.1 & 2 depends on report dated 24.11.2014 lof Mr. Vijay Kumar Soni, Civil Engineer. It is submitted that the nature of alleged damage pointed out in report dated 24.11.2014 relates to seepage, dampness and termite. Said report dated 24.11.2014, nowhere sites the causes of seepage /dampness; BECAUSE vide Agreement dated 27.06.2012, respondent No.1 & 2 gave an independent contract inter-alia for (i) anti termite treatment, (ii) water proofing treatment on terrace alongwith laying of stones in aesthetic combinations and (iti) landscaping on terrace and truction of fountain alongwith lights & complete cons ism to a third party of choice of respondent Nos.1 & mechani 2 namely M/s. Tanishka Construction Company, having no connection with appellant; (vi) (vii) (viii) (ix) eo BECAUSE Hon'ble State Commission failed to appreciate that the nature of construction sold by appellant to respondent No.1 & 2 was “ordinary”, “unfinished” and “unfurnished” valued at Rs.48,80,000/-, whereas value of contracts awarded by respondent Nos.1 & 2 to the independent agency of their choice namely Tanishka Construction Company and Aggarwal Enterprises was more Rs.1,00,00,000/- (Rupees One Crore only). It is submitted that finishing work of the entire property was done by Tanishka Construction Company and Aggarwal Enterprises. BECAUSE in the facts and circumstances of the matter the most proximate cause of seepage & dampness in the building through the terrace is landscaping & fountain on terrace, both of which require huge quantity of water. In any case aforesaid contract dated 27.06.2012 is absolutely clear that _ waterproofing treatment on terrace is within the scope of M/s. Tanishka Construction Company and not in the scope of appellant. Therefore in _— these _—_circumstances seepage/dampness through the terrace cannot be attributed to alleged defective material or workmanship on the part of appellant. BECAUSE damage to furniture by termite cannot be said to be defective construction by appellant. It is submitted that in any case termite treatment was in the scope of M/s. Tanishka Construction Company. It is further submitted that termite treatment is not a onetime job. In areas, heavily affected by termite, appropriate treatment is to be administered regularly, which was the responsibility of respondent Nos.1 & 2 on need basis. Respondent Nos.1 & 2 cannot shift the burden of their failure to administer the termite treatment on appellant. BECAUSE in his report dated 21.11.2014, Mr. Vinay Kumar. Soni has neither pointed out any specific defect relating to (x) (xi) quality of material used in construction by appellant nor pointed out any defect in workmanship on the part of appellant. In fact the purpose of his report is “to determine the defects & rectification cost” and not to find out the cause Therefore attribution of cause leading to seepage/dampne of seepage/dampness to appellant is illegal and arbitrary BECAUSE cven in his evidence affidavit dated 11.04.2017, Mr, Vijay Kumar Soni has neither pointed out any specific defect relating to quality of material used in construction by appellant nor pointed out any defect in workmanship on the part of appellant, BECAUSE in his cross examination, Mr. Vinay Kumar Soni made following important deposition:- fa) He does not remember how much fee was paid by respondent Nos.1 & 2 to him. (b) He also does not remember who referred respondent Nos.1 & 2 to him. (c) He does not remember as to when he conducted survey and as to when he prepared his report. (d) He disclosed his scope of engagement as to see the defects in building and give information regarding rectification thereof. [Hence, it is submitted that finding out cause of defects ie. seepage/dampness was not within his scope and was not reported by him in his report dated 21.11.2014] (c) He has not conducted any investigation or examination regarding the quality of material used in construction. © () He has not enquired as to how many agencies have carried out works/alterations in the building. (g) He has not examined whether the torso (dhad) at terrace was defective or not. (h) Though he does not remember many facts orally and relied upon his report for various questions, he deposed that he checked the slope of terrace. [It may kindly be noted there is no mention about any examination of slope of terrace in his report dated 21.11.2014.) (i) | Without any mention of any defect in the slope of terrace in his report dated 21.11.2014, he deposed that slope of terrace was not proper. [He did not give any particulars of alleged defective slope. He neither reported nor deposed as to how much quantity of water gathers in which portion of the terrace because of allegedly defective slope. Appellant here submits that vide Agreement dated 27.06.2012, respondent Nos.1 & 2 assigned the work of laying of stones in aesthetic combination on terrace to the third party of their choice namely M/s. Tanishka Construction Company. Therefore the alleged issue of slope after laying down of stones in aesthetic combination as stated above was within the domain of M/s. Tanishka Construction Company and not in domain of appellant.) (xii) BECAUSE the rectification cost given by Mr. Vinay Kumar Soni in his report dated 21.11.2014 is subjective and arbitrary. Mr. Vinay Kumar Soni has not pointed out extent (6) of damage. No evidence of prevailing market rates for rectification of alleged damages have been provided, He has merely mentioned arbitrary figures towards rectification cost without any basis or substantiation thereof. This kind of estimates are not acceptable in court of law including in proceedings under Consumer Protection Act (xili) BECAUSE there is absolutely nothing on record which may link appellant with the alleged losses/damages allegedly caused to respondent Nos.1 & 2. Hence it is submitted that report of Mr. Vijay Kumar Soni is - vague, subjective, baseless and arbitrary, which cannot be relied upon either to impute use of low quality material or defective workmanship against appellant. (xiv) BECAUSE Hon'ble State Commission’s acceptance of report of Mr. Vinay Kumar Soni “as it is” is arbitrary and unjust. Respondent Nos.1 & 2’s alleged damages are not direct but consequential (xv) BECAUSE appellant's liability under Declaration dated Nil, given by appellant at the time of execution of Sale Deed, is only in respect of direct losses of defective material used in construction of aforesaid property. However the losses claimed are not the direct losses due to use of any alleged defective material but are consequential losses to furniture/ interior decoration. It is settled law that consequential losses are not payable. Consumer Complaint is based on estimates and not on actual expenditure (xvi), BECAUSE respondent Nos.1 & 2 have not made any actual expenditure for rectification of alleged defects. It is submitted that consumer complaint is based on arbitrary estimates. It @ is submitted that compensation cannot be awarded on basis of arbitrary estimates. Evidence of Appellant's expert was wrongly brushed aside (xvii) BECAUSE the Hon’ble State Commission, committed a grave error in arbitrarily brushing aside the evidence of expert witnesses namely Mr. Prithvi Singh Rathore and Mr. Ramesh Chandra Bairwa produced by appellant. Consumer Complaint is barred by limitation (xviii] BECAUSE various photographs relied upon by respondent Nos.1 & 2 to show the alleged defective construction attributed to the appellant, are dated 09.12.2012. Hence respondent Nos.1 & 2's alleged cause of action against appellant arose on 09.12.2012, whereas Consumer Complaint was filed on 16.07.2015. It is submitted that the complaint was filed after expiry of more than 2 (two) years from the date of accrual of cause of action and therefore the Consumer Complaint is barred by limitation. Miscellaneous (xix) BECAUSE there is nothing on record to show that either any defective or substandard material was used for construction or there was any defective workmanship by appellant. (xx) BECAUSE Hon'ble State Commission did not examine the issues of jurisdiction and limitation raised by appellant. (xxi) BECAUSE Hon'ble State Commission picked and mentioned only those points in Impugned Order & Judgment which suite respondents No.1 & 2 and did not discuss the points raised appellant in support of her case. (xxii) BECAUSE Hon'ble State Commission's direction to appellant to pay a sum of Rs.3,00,000/- to respondent No.1 & 2 towards mental harassment is wrong as is also the direction to pay Rs. 32,00,000/- with entered ___. From the date of failing of the complaint and in the fact & circumstances of the case such directions ought not have been given. (xxiii) BECAUSE the Hon’ble State Commission ought not have awarded interest on the amount of mental harassment. (xxiv) BECAUSE the impugned order is ex-facie wrong and is liable to be set aside. That the present appeal is within the prescribed period of limitation. 20. That appellant has not filed any other appeal or petition either before this Hon’ble Commission or before any other Court for challenging the impugned order & judgment dated 03.09.2021. PRAYER It is therefore most respectfully prayed that impugned final order & judgment dated 03.09.2021 passed by Rajasthan State Consumer Dispute Redressal Commission, Jaipur in Consumer Complaint No. 75 of 2015 titled as “Ridhikaran Bachawat & Another Versus Namrata Sethia & Another” may kindly be set aside and reversed and said consumer complaint may kindly be dismissed in totality. This Hon’ble Commission may also be pleased to award costs throughout in favour of the Appellant and against the Respondents. This Hon’ble Commission may further be pleased to pass such other and further order(s) which this Hon’ble Commission may deed fit and proper in the facts and circumstances of this case. Prayed accordingly, . cordingl b athe Mrs. Namrata Sethia APPELLANT Through Counsel Bharti Parsoon, Advocate (P/41/1989) Date: S.P. Chopra, Advocate Place: New Delhi (P/798-B-1/2001) Ms. Sonam Priya, Advocate (D/2180/2016) Bharti Law Chambers #406, Antriksh Bhawan, KG Marg, Connaught Place, New Delhi-110001 Mob: 9811320198 Email: spcadvocate@yahoo.com Notes:- (i) Instant appeal is within the period of limitation. (i) All documents/annexures filed with instant appeal are part of record of Hon’ble State Commission. (iii) Appellant has not filed any other appeal or petition either before this Hon’ble Commission or before Hon’ble Supreme Court or before any other Court for challenging the impugned order & judgment. (iv) No notice of Caveat has been received. BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION, NEW DELHI First Appeal No. of 2021 «. Appellant Mrs. Namrata Sethia Versus Mr. Ridhikaran Bachawat & Others ... Respondents AFFIDAVIT Affidavit of Mrs. Namrata Sethia, aged about 37 years, wife of Mr. Vivek Scthia, resident of 801, Western Heights, S-21, Shyamnagar, Jaipur. I, the abovenamed deponent, do hereby solemnly affirm and declare as under: - 1 The deponent is totally aware and conversant of the facts of instant case. 2. That accompanying appeal has been drafted by my counsel under my instructions. The deponent has read and understood the | contents of accompanying appeal. It is deposed that the statements of facts made in accompanying appeal are true and correct to the best of my knowledge and the same may be read as part and parcel of this affidavit and the contents thereof are not repeated here for the sake of brevity. That appellant has not filed any other similar appeal or petition . either before this Hon’ble Court or before Hon’ble Supreme Court or before any other Court on the same cause of action. neni Du INON VERIFICATION:- |, the above named deponent do hereby verify that the contents of above affidavit are true and correct to my knowledge, no part of it is wrong and nothing material has been concealed therefrom. 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( se wa are &. ) T uRare ae wey BF Reais 16.07.2015 B 9 where aril ah ax TeATST ga HY faueht wear 1 uRardteer ay aftare arr B 21,000/—B. (ae ere Fa TUN ©. ) sea we! ortad ora fave wer 1 tre A wey face een 2 or gw a al Marly @ a sighed, aoe aren &, gaftg gab fee 50,000/-%, ( ae TART BI are oerrerfa ©) PRE W aRare are fat ara & 13, Weg wTtaaT Pare free orem, woe} Ge Poke feain 03 Grae, 2019 d fama are ess airy ad Ter ater tear 235/2019 Yer a wah) APRA assy anehr feria 09.12.2019 a Frofy mfr wer By ae: freer fear fas oe fatter goifrae a fra Gar wel OY PRE wT see AY fat) ear afar. aor Prerargere Paecireet we | aa a a ieee ee “14 upeitr wetter ore ad Pofy Petia oot22019. a aca sifcifeatt oT dd men epee rain 15. 16. Reever, 2021 arent) RA goer AA err gare wel wr cael a wu) aera we fuel) w) free aE wT sree far rar shy 3) era Que el or aarr arafereaa ar rar wore ver d fart altace BH ae yt TA Rando & Part aifttaae ar cas 8 PH Rarer fave) Wem 2 Wal alg wo i mort wa frat aT, Pratt as borer wary FY lors om aehyeiters Fee, prea Plea, wher genre wera a 1, dan Fae on rel, we weary § ord wh age sasar Pr ad van fedae at Rater Dl arma falta gohFaR A 32,40,000/—w, Tah &1 TAT We aE ae NS fe aor Fo Td Gee Bobae Reed ene” area a Panto dhe arer ants ee & fart St aR Worf ovat 7a ae HHA, wee, ois, te, ote, Agger fier gant or on sie wae de} weal aren oea ma frat ord aaa Y od ay bee ae an tad. SreT WH Tb ae AH SH e & fda goa AF 32,40,000 /—w, Roar ore aah @ ae ah 2014 Te oe aft var ard PRAT GAT & a TAI ATA 60,00,000 /—.. aA) THT WH oe Te He fH vin aA A fern V5 al a oral Fmar Fort Tea wre bee TH ferrree. fave a eft om: oad or oRare ero fa oI oT wer aR Ey Prefeftd snfie Gert weg Pr i ol. 1V(2016) CPJ 196 (NC) JAYASHREE PADMAKAR BHAT & ORS. Vs. VINAYAK PURUSHOTTAM DUBE & ORS: 02. 1V(2016) CPJ 94 (NC) SUDHIR KUMAR SINGH & ORS. Vs. LANDCRAFT DEVELOPERS PVT.LTD, & ORS. 03. I (2016) CPJ 623 (NC) JAIN HOUSING & CONSTRUCTION “——<~ _LTD, & ANR. Vs. N RAVI PADMANABHAN & ORS. 04. I (2016) CPJ 392 (NC) SECTOR 4-A RESIDENTS' ‘WELFARE. ‘ait. ASSOCIATION, VASUNDHARA, GHAZIABAD, UP.Vs. U.P. AWAS EVAM VIKAS PARISHAD & ORS, 05. 1 (2016) CPJ 194 (NC) CS. COMPANY & ORS. Vs, K. VENUGOPAL & ANR. AND K. VENUGOPAL & ANR Vs. CS. COMPANY & ORS, 06. Revision Petition Nos, 665 to 668 of 2015 Dr. Gopal & Anr. Vs, Deorao Ganpat Kaore & 4 ors. on 11 December 2015 NCDRC 17, Foaeh racer wor aes ee rey Afor wel ayorace 8 foe mar on, eto —ory & arpare af Reardon a Rr ord oem & sik oa. Rita orl & ah gaara ear Bat wee Parte afar woh | er es aras ae Ah BAe Rafter gore sreren Aadest & Fae & aera ita aE A SARE Hofer ce 8 ae a aH Ay Sara ares oH 8 wT Herd Rae, aaron rah wire A orl ae a gad enn ha om ord > SRoMTERTT sd Bi weir 19.11.2014 a via fe eet Ae A Visit 21112006 at dear arar-é | ot ar aha eR BP aod SG Boe ge TE Mee aT gina 8 rar Vw oe ae a8 Rte aoa A Rue aah Tre ae 8 se er or re a waar fd oT a meer aA | 18, SRE A SR GE Tat ea ET = - ger R sarah & afer Hae fem ray eM rary 1 seer eal vd care ey aml anes ae nae / Btar & fh AT ARTI ea Oirdrar 07. Rarer Fuel vier 4 3 wea eT HT ah ee A) fei 27.03.2012 ay fora sigaer Prenftr gar | yw ORT HTT GA ATED UE FR 22.06.2012 a may a Or 8 8 Re 8 ho + a ea ig) SY MTT TT wr OM YE Rear Si IAT tos, RAIS oso7 zor at mere sm a fra a fh ken 20. wea aiateta wre & wera va” Grete Defects:- 1, Basement:- donee eet ane, OEE uians viva 75/2018 Rwwler Marin oa Nearer, 9091 1 aT URareyay a very Penkyar fear 8 04, ftiay 05.07.2012 PI Auefl ever a aren eaon—uer Prenfeer far 81 05. Raia 27.06.2012 D wernt Hert 4) Prep wel wey vey Rader ay teh aMeor oegarrr worth a eer oper fara em— Civil work :- Flooring, tiling stone work, fiting cutting, designing, paints polish Landscaping, Horticulture, Plants to be’used Green, anti termite & treatment & compost manures. Water Proofing treatment on terrace ps9 Landscaping on terrace 06. feria 29.06.2012 HT HET AHA: H "Installing bath cubicles in 12mm Toughened glass, accessories, handles, floor Springs, tiling fittings, sanitary cabinets in toilets, complete with veener, laminate & polish, bathroom toilet accessories, Providing and fixing MDF Jali's complete with antique, weoden melamine polish, Wooden flooring, providing & fixing sofas 82 seats, Providing & fixing modular Kitchen" geome arf or el. aerater weeeurgctar & oReardrrer § argeer fever 2 aftardtaror 4 ary oRare at Ae tea 4 A Wea HoT ond ar Rrdee ote wer Reba are eT FT Be FU oT veda Pera 8, ter tem 49 viet febae wd wiht Four & vide Ho oattah fastest Pifeer gah vd earned Geyer 2 fara Gare a, at Rate weal Ber Brey of Riera gare ary army Rae Fudan) fdae she omregeren TT BY aT Hr Teche flvar e GH BT MEHMET Sepage & dampness in all walls very badly, Wooden Cabinet damaged very badly by dampness as well as termite. iv 2. Ground floor:- i iif 3. First floor:- i wer siaterfa ar vise: Grater iii. 4. Terrace Floor:- 2) wore User amet, oTeIGT 75/2016 os fraser, 2021 Rarofer Cracks in wall, Complete paint & polish washed out, Bed Room No. 1 a. LCD TVcabinet badly damaged by, sree as well as termite b.° Attached dressing room walls & ward robe damaged due to dampness. ©. A full size mirror with its Nakasi border. spoiled, Bed Room No. 2. , Polish to wooden false ceiling dong Lobby & Drawing Room area:- a. Damness in walls, due to this furniture & paint has been badly affected Bed Room No. 1. a, Dampness in walls & roof 4% Attached cessing room walls & wardrobe damaged due to dampness: c. Walls of toilet ulso damaged due to seepage. Also tile work affedted due to dampness & wants to be chang. : 4. Complete paint also spoiled. Bed Room No. 2. (Master Bad Room) a. Beading of false ceiling removes'&can damage any one by falling on anybody. b complete paint spoils. c In balcony of same room water is leaking through beams, which is RCC component. d. ‘some stone cladding also removed from. place, Kids Rooms:- : a. This room extended on projection, Walls of this room having cracks & paint spoil due to dampness, Aa ea Dampness in walls. Dhar on top of roof is not proper, that is why water instead of going to rain water piepe comes in side of house. water tank on roofs also leaking. is 5. Front Elevation:- Rectification:~ i ii, Rectification Cost: ii iil iv vse (ot) i aie ah aa ua wer 75/2015 Afr Rai oa f All the stone cladding including some part of compound wall has been removed from Fae, it ha flooring & Paint of plane dampness, position. By falling from damaged front area flooring, stir ease railing of front portion, cept stone cladding also spiol duc to Plaster of all the dampness area to be removed & Water: proffing treatment o be provided & redone of plaste All the damaged furniture & glass work is to be remake by providing anti-termite treatment, i Repair & maintenance of of false ceiling. slope of Dhar to be redone. Complete inside & outside paint & polish, Front court yeard Flooring to be change. $.S. railing of stair in front area to be change. Front elevation stone cladding o be change. |, Some unseen work of sanitary & electric work with tile* work in toile. Water proofing treatment & redone of plaster:- 2000Sq. Feet@100_2,00,000/- Damaged Mirror wit border, L.C.D. T.V. Cabinet, wardrobe ofall dressing room ete with ATT. By Calculation L'S..4,00,000/-" Repair & maintenance of false ceiling By Calculation L.S. 50,000/- Slop of Dhar Total area 1000 Sq, ‘ect@150/-. 1,50,000/- complete inside & outside paint & polish (App. 5 Times of Roof a Total area 28000 Sq, Feet 28000@40/- Per Sq/ feet (avg) 11,20,000/- Front court yard Flooring aso, orenge 78/2018 arias 09, Mewar, 2021 arorsen ular Rvfer Total area 500 Sq, Feet@200/-——1,00,000/- vii SS. railing of stair By Calculation L.s 20,000/- viii Front elevation stone cladding, emoving of balance stone cladding ipplying new one along with son Compound wall se “apis | 1000 Sq. Feet@500/-per sq. feet 5,00,000/- part of Some unseen work of sanitary & electric work: (If some lines of sewage is supposed to be chi Then we have to change sanitary fitting as well As tiles also. Also cubical shower area ‘may also Affected) By Calculation L.S. 5,00,000/- Add for consultant of interior designer & supervision <° By Calculation L.S. 2,00,000/- Grand Total of (i) to (x) 32;40,000/- Say: - 32,00,000/- : 21. five) weM 1 Kerr sacar y we anak ate a fos after Rake yest ay ehh Riae =n a Wad al PW Af are DALAT Ge oY Guy weaker ‘kr tear 19} wa tien 5 4) ata SRY Flooring, tiling Stone work, fitting cutting, designing, paints polish, Landscaping. Horticulture, Plants to be used Green, anti termite treatment & compost manures.,Water ‘Proofing treatment on terrace Landscaping on terrace Fate wrt vit a1 Rh wor Arf sora wend wt wh Retr b thr Wen 19 (6) ¥ aftaRaa orf "Installing bath cubicles in 12mm, Toughened glass, accessories,’ handles, floor, Springs tiling fittings, sanitary cabinets in toilets, complete with veener/laminate & Polish, bathroom toilet accessories, Providing and fixing MDF Jali's complete with antique, wooden melamine polish, Wooden flooring, providing & fixing sofas 82 seats, Providing & fixing modular Kitchen" seafe orl ah ro) wae eat pat wt ot on Gye Rea 8 ot oni oRazwa ste ser 4 ee Ria Soi 3H RUE weai—1 ¥ sfeaftrer Reae a yaa aiRa et et wera) faved sear 4B Pera airaas A ae ees ae orrafeer ee 8 fs Refer goa AN fer EA EN Ay amy afrtarget art wl elo fen eR wet wor a NS Ve won—ya wT ter, omahy & TRIE HET a er Ud wera Aer eR aT aa Sa ont as ore arrel & prep ae ole wera wet osc) Aue B fear aftarar A yer orafer we A var BR Rider 434 yey Sone A wre veer db cer Pret Be we a9, oat Siravte weet (IRs) * a oro Per goPrene wh Neuere eet woah Yer ihrer Free Beet, wel fear war & | af fra Gare wh Rafter gre a Aer Yoh Rebge ond 3 yer ToT MTR VAN Rerkey a apenas ERT Be Ut a cere fe) BV neh Ger vannfaw | SET Har AY wR oT art ART eater gre fare. are wa) oro) Ret ohfree wrong ee a and o OUEDT A BE were El age 1 Ault Bs Rarer sierra Re eRe fhe) 8 AF at era ape: 2 SONPeR Ayre oH tar aneth Reté Gear aA 2 ae segues @ omer meee Rar SoA a et weel1 "meer ord or ma wa wi ab ohare, wacker at Be Teast fear 8) 25. 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SITE ee oer fren & fe Gy werTT HORT d fede A eR Sita BH off ote emer Yury ay Rebae. wera ara ARar 2021 % soar a aoe a a wed & uke wer a us Yila we A} 8) aD ether ait aah 8 Ah Arter Ga MN Ay eter ae or wee rei aT Ber ule a qpery fran &. ger arene 2 we apr Zea A we are Ba ara 1 ar Refer goh Prey 9) Rea ge ah aA AME seet—1 ga we a ae ey Wer cer ware oe onl) emer ae went Star Ee era veer Ha) ord Pabae eet goer IMeh eRe 4 ret ETT ory fed ae Patol abet ab oRorerere a a1 Fh sear + @ Rear igen 9 a ose ah 8 Pe Rifle ofthe a fora ape eA) 4 a & Pree ” ‘ &Y 2111204 Oh em wer oT aoa ¢ wa fe RMT 19.11.2004 3.8, are mare Rte gchar 2 Reve are it ofa ae ee rer bap SRF TT OH Visit 21.14.2004 at a ef ERY Et we 23 AR Tar eT A Ree ote eo crmanr 42. fear ‘Crt 20e Retr ie a Rea ape ah eer ern viearene char ae wer or warm, aa sae alcharer Peer

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