{"id":335345,"date":"2024-11-16T17:00:08","date_gmt":"2024-11-16T11:30:08","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=335345"},"modified":"2024-11-25T15:43:13","modified_gmt":"2024-11-25T10:13:13","slug":"dhc-directs-dda-to-pay-rs11-lakh-compensation-to-mans-family-who-died-due-to-sudden-collapse-of-apartments-balcony","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/16\/dhc-directs-dda-to-pay-rs11-lakh-compensation-to-mans-family-who-died-due-to-sudden-collapse-of-apartments-balcony\/","title":{"rendered":"\u2018Latent construction defects were root cause\u2019; DDA to pay Rs. 11 lakh compensation to family of man who died due to sudden collapse of apartment\u2019s balcony: Delhi HC"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In the petition filed under Article 226<\/a> of Constitution<\/a>, Dharmesh Sharma, J.<\/span>, stated that the Delhi Development Authority (‘DDA’) had a continuing obligation to ensure the infrastructure’s durability and longevity post-allotment. The facts of this case unequivocally demonstrated that latent construction defects, which should have been timely addressed, were the root cause. The DDA was responsible for rectifying these defects, either directly or through its agencies. Thus, the Court held that the DDA was liable for latent structural defects consequent to the allotment of the residential flats, and therefore, it was liable to compensate the petitioners.<\/p>\n

Further, the Court directed the DDA to pay a total compensation of Rs. 11,44,908\/- to the petitioners, in the ratio of 2:1:1 to the widow and the two children respectively, with interest at the rate of 6% per annum from the date of filing of the present writ petition, till realization within a period of six weeks.<\/p>\n

Background<\/h3>\n

In the present case, Petitioner 1’s husband passed away due to the sudden collapse of their apartment’s balcony on 20-07-2000. Petitioner 1 was the mother of Petitioners 2 and 3, and since they were minor sons, they were represented by Petitioner 1 as their natural guardian. The DDA constructed 816 flats for low and medium-income groups, with construction in the year 1983 and completed in 1987. Each flat consisted of two living rooms and a bathroom and were priced at Rs. 86,700 in the year 1985-86.<\/p>\n

One such flat was allotted by the DDA to the registered applicants vide allotment letter dated 17-11-1988. The petitioner claimed that the applicants were coerced into signing the terms under threat from the DDA. Upon taking possession, the registered applicants and other people who were allotted the flats, found the flats to be of substandard quality. In response, they formed the Flat Resident Association (‘the Association’) to address these concerns.<\/p>\n

On 28-12-1993, the Association passed a resolution to address the construction quality issues, including problems with the boundary wall, and submitted a representation to the DDA. In response, the DDA, denied its responsibility for substandard construction without providing a valid reason. The Association then filed Complaint before the State Consumer Disputes Redressal Commission, highlighting the deteriorating condition of the said flats. The petitioners alleged negligence by the DDA for failing to address the deterioration of the building’s structure, including plaster peeling within 5-6 years, when it should last 40-50 years.<\/p>\n

On 20-07-2000, the balcony of the petitioner’s second-floor apartment collapsed, causing the petitioner’s husband to fall and suffer multiple injuries. Despite receiving the medical aid and timely treatment, the petitioner’s husband succumbed to his injuries on 24-07-2000. At the time of his death, Petitioner 1’s husband was employed with the Municipal Corporation of Delhi as a ‘mate’ in the Bridge Division-I, earning Rs. 6,192\/- per month.<\/p>\n

Petitioner 1 asserted that her husband would have worked for another 14 years until retirement, and based on his salary, promotion prospects, and other entitlements, calculates the loss of dependency as his potential income. She further sought reimbursement for Rs. 1,00,000\/- for medical expenses.<\/p>\n

Analysis, Law, and Decision<\/h3>\n

The Court noted the admitted facts that the flat in question was allotted by DDA to the Petitioner 1’s husband\/deceased on 17-11-1998 and the possession was delivered to the petitioners on 19-11-1998. It was also an admitted fact the deceased suffered life threatening injuries due to the collapse of the balcony on the subject property on 20-07-2000 and eventually succumbed to the injuries on 24-07-2000. The Court also observed that the inspection was of the site was conducted immediately after the accident by the then Chief Engineer in July 2000, wherein it was observed that the reinforcement of the balcony had corroded which might have occurred due to seepage of water through the cracks of the floor of the balcony.<\/p>\n

The Court, after perusal of the report by the then Chief Engineer, stated that the said report was clearly self-serving, one sided and a complete eyewash. Merely because other balconies of the flats were found intact, it did not imply that all was well with the superstructure of the balcony that had collapsed. The Court stated that, the DDA was accountable for the quality, strength, and lifespan of the balcony’s superstructure. However, the excuse that seepage or leakage caused the damage remained unsubstantiated, as no expert body had validated this finding.<\/p>\n

The Court stated that during the course of the proceedings, the DDA was directed to produce the inspection report, but no inspection report was placed on record. Therefore, the non-filing of the inspection report invited an adverse inference against the DDA. The Court stated that without requiring any expert insight, it was evident that the present issue exceeded simple seepage or dampness. An ordinary person could not be expected to detect structural defects in their balcony. Notably, the Association had repeatedly alerted the DDA to poor construction quality and substandard materials, but their concerns were consistently ignored. The plea raised by the DDA that the incident occurred after almost 12 years of handing over of the possession cuts no ice.<\/p>\n

The Court relied on Klaus Mittelbachert v. The East India Hotels Ltd.<\/span>, 1997 SCC OnLine Del 22<\/a>, Shagufta Ali v. State (NCT of Delhi)<\/span>, (2024) SCC OnLine Del 6250<\/a> and other cases, and stated that it was clear that the DDA’s negligence was the direct cause of the balcony collapse. There was no evidence to suggest that the deceased or his family members took any deliberate action that could have contributed to the seepage or dampness. On the contrary, it was probable that they used the balcony in the ordinary course of daily life.<\/p>\n

The Court stated that the DDA had a continuing obligation to ensure the infrastructure’s durability and longevity post-allotment. The facts of this case unequivocally demonstrated that latent construction defects, which should have been timely addressed, were the root cause. The DDA was responsible for rectifying these defects, either directly or through its agencies. Thus, the Court held that the DDA was liable for latent structural defects consequent to the allotment of the residential flats, and therefore, it was liable to compensate the petitioners.<\/p>\n

Further, regarding quantum of compensation, the Court stated that it was well settled that the compensation amount should be fair and reasonable, having regard to the facts and circumstances of the matter and it could never be a windfall. There could be no fairer and better assessment method of computation of the compensation than the manner it was reckoned for assessment of compensation in case of death or injury in case of motor accidents.<\/p>\n

Thus, after assessment and calculations, the Court directed the DDA to pay a total compensation of Rs. 11,44,908\/- to the petitioners, in the ratio of 2:1:1 to the widow and the two children respectively, with interest at the rate of 6% per annum from the date of filing of the present writ petition, till realization within a period of six weeks.<\/p>\n

[Promila Rastogi v. DDA, 2024 SCC OnLine Del 7954<\/a>, decided on 13-11-2024<\/span>]<\/p>\n

Judgment authored by Justice Dharmesh Sharma<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the Petitioners:<\/span> D.K. Rustagi, Karan Malhotra and Jagesh Singh, Advocates.<\/p>\n

For the Respondent:<\/span> Ashish Dhingra, Advocate.<\/p>\n

Buy Constitution of India  HERE<\/a><\/h3>\n

\"Constitution<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.<\/p>\n","protected":false},"author":67520,"featured_media":314886,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[75320,2728,19471,53726,2543,69154,75322,75321],"class_list":["post-335345","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-collapse-of-balcony","tag-compensation","tag-constitution","tag-delhi-development-authority","tag-Delhi_High_Court","tag-justice-dharmesh-sharma","tag-poor-construction-quality","tag-structural-defects"],"yoast_head":"\nDHC directs DDA to pay Rs. 11 lakh compensation to a man\u2019s family who died due to collapse of apartment\u2019s balcony | SCC Times<\/title>\n<meta name=\"description\" content=\"Delhi High Court directed DDA to pay Rs. 11 lakh compensation to a man\u2019s family who died due to collapse of apartment\u2019s balcony.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/16\/dhc-directs-dda-to-pay-rs11-lakh-compensation-to-mans-family-who-died-due-to-sudden-collapse-of-apartments-balcony\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Latent construction defects were root cause\u2019; 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