w w w . L a w y e r S e r v i c e s . i n



Ashok Kumar & Another v/s Director/Managing Director, Mahaluxmi Buildtech Consortium Pvt. Ltd., Ghaziabad


Company & Directors' Information:- MAHALUXMI BUILDTECH LIMITED [Active] CIN = U15494DL1989PLC034507

Company & Directors' Information:- R AND R CONSORTIUM PVT. LTD. [Active] CIN = U45201RJ1996PTC011399

Company & Directors' Information:- I. B. BUILDTECH PRIVATE LIMITED [Active] CIN = U70102MH2007PTC167892

Company & Directors' Information:- U K BUILDTECH PRIVATE LIMITED [Active] CIN = U70102DL2012PTC235161

Company & Directors' Information:- E C R BUILDTECH PRIVATE LIMITED [Active] CIN = U70109DL2012PTC243663

Company & Directors' Information:- G D BUILDTECH PRIVATE LIMITED [Active] CIN = U45201DL2002PTC118049

Company & Directors' Information:- V. N. BUILDTECH PRIVATE LIMITED [Active] CIN = U70101RJ2013PTC042109

Company & Directors' Information:- C. P. BUILDTECH PRIVATE LIMITED [Active] CIN = U45300DL2008PTC178683

Company & Directors' Information:- MAHALUXMI BUILDTECH CONSORTIUM PRIVATE LIMITED [Active] CIN = U45204DL2011PTC218503

Company & Directors' Information:- M. K. BUILDTECH PRIVATE LIMITED [Active] CIN = U70102UP2011PTC043461

Company & Directors' Information:- A H J BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2012PTC240212

Company & Directors' Information:- P. P. BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45200DL2011PTC214911

Company & Directors' Information:- A. KUMAR AND COMPANY PRIVATE LIMITED [Active] CIN = U19201UP1995PTC018833

Company & Directors' Information:- ASHOK AND CO INDIA PVT LTD [Active] CIN = U15549AS1992PTC003756

Company & Directors' Information:- V P BUILDTECH PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150528

Company & Directors' Information:- S KUMAR & CO PVT LTD [Not available for efiling] CIN = U51909WB1946PTC014540

Company & Directors' Information:- S KUMAR AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U45203DL1964PTC117149

Company & Directors' Information:- S S AND S BUILDTECH PRIVATE LIMITED [Active] CIN = U70109DL2006PTC153355

Company & Directors' Information:- KUMAR (INDIA) PVT LTD [Strike Off] CIN = U51909WB1986PTC041038

Company & Directors' Information:- R S BUILDTECH PRIVATE LIMITED [Active] CIN = U45201DL2004PTC126876

Company & Directors' Information:- S G BUILDTECH PRIVATE LIMITED [Active] CIN = U74899DL2006PTC144458

Company & Directors' Information:- GHAZIABAD BUILDTECH PRIVATE LIMITED [Active] CIN = U26960UP2013PTC058905

Company & Directors' Information:- V. S. A. BUILDTECH PRIVATE LIMITED [Active] CIN = U70109WB2018PTC225507

Company & Directors' Information:- R. S. CONSORTIUM PRIVATE LIMITED [Active] CIN = U51909AS2012PTC011280

Company & Directors' Information:- A. G. BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC170475

Company & Directors' Information:- T S ASHOK & CO PRIVATE LIMITED [Active] CIN = U45201OR2011PTC012981

Company & Directors' Information:- P D BUILDTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC173866

Company & Directors' Information:- C S BUILDTECH PRIVATE LIMITED [Active] CIN = U70101DL2000PTC108560

Company & Directors' Information:- KUMAR BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2006PTC153481

Company & Directors' Information:- K R V BUILDTECH PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142156

Company & Directors' Information:- L S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45400UP2011PTC043243

Company & Directors' Information:- K R BUILDTECH PRIVATE LIMITED [Active] CIN = U70200DL2008PTC173354

Company & Directors' Information:- P KUMAR & CO PRIVATE LIMITED [Strike Off] CIN = U27105WB1998PTC087242

Company & Directors' Information:- ASHOK AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024382

Company & Directors' Information:- G AND G BUILDTECH PRIVATE LIMITED [Active] CIN = U70101HR2013PTC048380

Company & Directors' Information:- G T B BUILDTECH PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152450

Company & Directors' Information:- G B BUILDTECH PVT. LTD. [Strike Off] CIN = U70101WB1991PTC053695

Company & Directors' Information:- R S M BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45200DL2011PTC226501

Company & Directors' Information:- G R BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70102UP2012PTC050850

Company & Directors' Information:- S A BUILDTECH PRIVATE LIMITED [Active] CIN = U45200CT2008PTC020879

Company & Directors' Information:- B R BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180019

Company & Directors' Information:- A J BUILDTECH PRIVATE LIMITED [Active] CIN = U45400DL2012PTC245095

Company & Directors' Information:- R M BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267531

Company & Directors' Information:- V A BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2009PTC187897

Company & Directors' Information:- J M BUILDTECH (INDIA) PRIVATE LIMITED [Active] CIN = U45200MP2011PTC025965

Company & Directors' Information:- G A C BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044612

Company & Directors' Information:- H S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70102UP2013PTC058822

Company & Directors' Information:- K S BUILDTECH PRIVATE LIMITED [Active] CIN = U70200DL2012PTC239283

Company & Directors' Information:- M D BUILDTECH PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135106

Company & Directors' Information:- P A BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201CT2009PTC021119

Company & Directors' Information:- M KUMAR AND CO PVT LTD [Strike Off] CIN = U18101DL1982PTC014823

Company & Directors' Information:- S B P BUILDTECH PRIVATE LIMITED [Active] CIN = U70109DL2011PTC212323

Company & Directors' Information:- J J S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201RJ2013PTC041421

Company & Directors' Information:- K K BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201RJ2013PTC042303

Company & Directors' Information:- S AND S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201MH2001PTC130940

Company & Directors' Information:- D G BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC212602

Company & Directors' Information:- S & U BUILDTECH PRIVATE LIMITED [Active] CIN = U45400UP2013PTC058208

Company & Directors' Information:- B N KUMAR & CO PVT LTD [Strike Off] CIN = U52341WB1941PTC010643

Company & Directors' Information:- E CONSORTIUM PRIVATE LIMITED [Strike Off] CIN = U74140AS2014PTC011765

Company & Directors' Information:- M. B. BUILDTECH PRIVATE LIMITED [Active] CIN = U45200CT2009PTC021307

Company & Directors' Information:- R J BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45209CH2012PTC034005

Company & Directors' Information:- G N BUILDTECH PRIVATE LIMITED [Active] CIN = U45204DL2012PTC231715

Company & Directors' Information:- K I BUILDTECH PRIVATE LIMITED [Active] CIN = U45400DL2007PTC163724

Company & Directors' Information:- N. S. BUILDTECH PRIVATE LIMITED [Active] CIN = U45400DL2008PTC173529

Company & Directors' Information:- S B BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC132600

Company & Directors' Information:- S N BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC139286

Company & Directors' Information:- S R B BUILDTECH PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2005PTC142523

Company & Directors' Information:- I. P. BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70200DL2013PTC251439

Company & Directors' Information:- V. J. BUILDTECH PRIVATE LIMITED [Active] CIN = U70102DL2007PTC158811

Company & Directors' Information:- K P BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70102DL2010PTC197916

Company & Directors' Information:- A V A BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC153383

Company & Directors' Information:- K D P BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70109DL2011PTC226767

Company & Directors' Information:- G M BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155744

Company & Directors' Information:- P C BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC158703

Company & Directors' Information:- G S R BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC160234

Company & Directors' Information:- K V BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2008PTC183561

Company & Directors' Information:- G. T. BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2010PTC198757

Company & Directors' Information:- S. P. S. BUILDTECH PRIVATE LIMITED [Active] CIN = U45200DL2010PTC204870

Company & Directors' Information:- G M S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70100DL2011PTC220235

Company & Directors' Information:- V. R. BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70101DL2011PTC215687

Company & Directors' Information:- J S BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U70101HR2010PTC039988

Company & Directors' Information:- I & S BUILDTECH PRIVATE LIMITED [Active] CIN = U70200HR2015PTC054806

Company & Directors' Information:- A & Y BUILDTECH PRIVATE LIMITED [Active] CIN = U45309DL2020PTC370260

Company & Directors' Information:- J S N BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC131976

Company & Directors' Information:- D M BUILDTECH PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175626

Company & Directors' Information:- ASHOK LIMITED [Not available for efiling] CIN = U99999MH1943PLC007683

    Consumer Case No. 1503 of 2017

    Decided On, 26 August 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. ANUP K THAKUR
    By, PRESIDING MEMBER

    For the Complainants: In person. For the Opposite Parties: Nemo.



Judgment Text


1. This Consumer Complaint under Section 21 of the Consumer Protection Act, 1986 was filed on 25.05.2017.

2. The complainants purchased from Mahaluxmi Buildtech Consortium Pvt. Ltd. (OP hereafter) a flat against a consideration of Rs.60,80,100/-. Their case, in brief, is that they, attracted by an advertisement, approached the OP and were handed over an official booklet of the project. Relying upon the promises in this booklet, they visited the site office of the OP at Sector 14, Kaushambi, Ghaziabad and booked Flat No.809 in Mahaluxmi Homz. Possession of the said flat was taken on 04.04.2015 and the sale deed was signed and executed on 03.08.2015. As such, in this manner, the entire transaction between the parties was completed.

3. The complaint is about non-provisioning of some items promised by the OP in their booklet which, per the complaint, has not been provided and which therefore constitutes a deficiency in service and unfair trade practice.

4. During the proceedings, despite service of notice, no one appeared for the OP. Proof of dasti service on the OP was filed by the complainants. Despite that, when the matter was listed for final arguments on 11.12.2019, nobody appeared for the OP and so, the matter was heard ex-parte. The complainant no.1 argued in person and took the Bench through basic facts of the case.

5. He submitted that at the time of taking possession, on 04.04.2015, he had raised objections in respect of several items in the check list used for handing over and taking over of possession. As per check list, the following deficiencies had been pointed out:

(i) Kitchen- plastic emulsion wall and ceiling : only distemper, no plastic emersion;

(ii) Bedroom- plastic emulsion on walls and ceiling: only distemper, no plastic emulsion;

(iii) Plastic emulsion on walla and ceiling- only distemper, no plastic emulsion;

(v) Two branded geysers to be supplied.

The complainant however submitted that two branded geysers had since been supplied and therefore this part of the complaint may be treated as withdrawn.

6. The complainant in person further argued that there were two major deficiencies.

7. One was that the main gate promised in the project complex opening onto the Delhi Road had not been provided. He submitted that this was one of the chief reasons why this flat had been purchased by him. Now, with only one main gate opening on the U.P. side, it meant an extra drive of 3 to 4 km. each time.

8. The other main grievance was that a swimming pool had also been promised in the project. This was to be on the left side of entry into the complex from the main gate opening on the Delhi Road side. He argued that not only has the swimming pool not been provided so far, the said area has now been used for basement and parking purpose. As such, it is unlikely that the promised swimming pool will ever materialise.

9. He therefore argued that OP be directed to address these two major deficiencies viz. the main gate and the swimming pool, and to, as per the written plaint, pay the complainant (i) Rs 30,00,000/- for mental agony etc, (ii) Rs. 1,00,000/- as litigation charges; (iii) Rs. 10,00,000/- towards interest paid by the complainant on home loan, and (iv) interest on the amount paid to the OP @ 18% per annum pendent.

10. As earlier noted, this complaint is not about not having received possession or about delay in receiving possession. Rather, it is about promises in the booklet not kept. This is in two parts. One part relates to items promised but not provided in the flat per se. The other part is the non-provisioning of the main gate opening onto the Delhi road and the swimming pool.

11. As far as items related to the flat itself are concerned, of his own admission, only the following defects remain:

(i) Application for plastic emulsion instead of distemper in certain areas;

(ii) Powder coated aluminum glazing in windows.

In so far as these items specific to the complainants flat are concerned, it is directed that OP provide plastic emulsion on the areas as provided in the check list at the time of possession and also provide aluminum glazing in the window as promised.

12. Coming to the main gate and the swimming pool, these are admittedly common facilities, relating to the entire society and all the occupants therein, and therefore, any direction on these cannot be justly passed in the absence of the other complainants and the OP. These are deficiencies to be addressed by the project Society and the

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OP. No order can be passed on these two matters on the basis of this individual complaint. 13. In view of the brief discussion above, this consumer complaint is partly allowed with direction to the OP to make good the deficiency in service established in respect of providing plastic emulsion and aluminum glazing in windows, as promised and as provided in the check list at the time of possession. It is further directed that these be completed, within three months of the date of receipt of this order.
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