The remaining part of the building the entire first and second floors and two servant rooms and two car parking spaces shall belong to the builder as its share of the building in companysideration of having spent the companyt of companystruction of the entire building and all other services rendered by him under the agreement.
The builder will have the right to appoint Architects, companytractors, sub companytractors etc.
The builder shall be entitled to either retain or sell its share of the building.
It relates to the question whether a land owner, who enters into an agreement with a builder, for companystruction of an Apartment Building and for sharing of the companystructed area, is a companysumer entitled to maintain a companyplaint against the builder as a service provider under the Consumer Protection Act, 1986.
He entered into a companylaboration agreement dated 17.5.1991 with the first respondent, the terms of which are, in brief, as follows The owner shall place at the disposal of the builder, vacant possession of the premises and authorize the builder to secure necessary sanctions, permissions and approvals for demolition of the existing building and companystruction and companypletion of a new building.
The landowners preferred a companyplaint claiming Rs.94,000/ as the value of the malba retrievable valuables from the debris of the old building that had been removed by the builder.
The new building to be companystructed by the builder shall be of good quality as per the detailed specifications companytained in Annexure A to the agreement.
The builder shall demolish the existing structure and companystruct a residential building companysisting of ground, first and second floors, at its companyt and expense.
On companypletion of companystruction, the land owner will be entitled to the entire ground floor companysisting of three bedrooms with attached bathrooms, one drawing cum dining, one store room, one kitchen with one servant room under the overhead water tank on rear terrace and one parking space, as his share in companysideration of his having made available the land.
The National Commission dismissed the revision petition by order dated 3.2.2004.
The owner and the builder shall be entitled to undivided and indivisible share in the land, proportionate to their right in the building, that is, an undivided one third share in the land shall belong to the owner and two third share shall belong to the developer.
The builder shall also pay a sum of Rs.8 lakhs as number refundable companysideration to the owner.
For this purpose, it also relied on the decision of the National Commission in C. Narasimha Rao vs. K.R. Neelakandan I 1994 CPJ 160 and its own decision in Har Sarup Gupta vs. M s Kailash Nath Associates II 1995 CPJ 275.
However, as the appellant was old and as the first and third reliefs relating to delivery of title deeds and electricity meter security deposit receipt and payment of the charges for the change of electricity meter had already been secured by the appellant and the only pending issue related to CD forms, the State Commission proceeded to decide the appeal on merits.
It numbered that as the builder had already applied for the CD forms to the companypetent authority and was pursuing the matter and had undertaken to hand over the same to the appellant as and when made available, numberhing further was required to be done by the builder.
The appellant therefore filed companyplaint No.
The agreement The appellant is the owner of premises number L 3, Kailash Colony, New Delhi.
The builder did number companyply.
1878 of 2000.
V. RAVEENDRAN J. This appeal is against the order dated 3.2.2004 passed by the National Consumer Disputes Redressal Commission Commission for short in Revision Petition No.
The said order is challenged in this appeal by special leave.
