The Hindu : Builder directed to carry out rectification works

Online edition of India's National Newspaper
Saturday, Jan 31, 2004

Andhra Pradesh

Andhra Pradesh - Vijayawada

Builder directed to carry out rectification works

By Our Staff Reporter

VIJAYAWADA, JAN. 30. A city-based builder has been ordered to carry out several rectification works and provide all the basic amenities to the flat owners of Prashanthi Apartments, Adiraju Street, Durgapuram, by the District Consumer Forum Vijayawada, following a complaint of deficiency in service. According to the complainant, Lakshmi Tayaru, she entered into a sale agreement with the builder of the Prashanthi Apartments on April 28, 2001, for purchase of a flat in the three-storied apartments. At the time of the agreement she was given possession of the flat with an assurance that necessary rectifications, modifications to the walls and doors besides provision of individual electricity connections, municipal water, overhead tank and drainage facilities would be provided within a short period. But the builder, she alleged, had failed to keep up the promise though she served notices on the firm. Subsequently, the complainant stated that she incurred an expenditure of Rs 2.71 lakhs for securing water connections, drainages, electricity, new doors etc for her flat.

In defence, the construction firm told the forum that the complainant had failed to pay Rs. 40,000 towards registration, electricity, drainage and municipal tap connection expenses and Rs 50,000 towards additional expenditure for providing marble flooring and cup boards. The forum appointed P V S Satyanarayana, an advocate, as commissioner to inspect the apartments and file the report.

In his report, the advocate-commissioner brought out various irregularities on the part of the builder like improper drainage lines, insufficient overhead tank, cracks on the walls, poor plastering, no separate tank for drinking water, inadequate electrical wirings and meters.

Mr Satyanarayana also pointed out that the builder had specifically agreed that "charges for service connection for electrical supply, corporation water supply, sewerage connections, registration costs and any taxes levied by government agencies will be at vendor's (builder's) cost''.

Further, the representations made by the complainant and other flat owners to the Vijayawada Municipal Corporation and the issue of notice by the corporation to flat owners to pay Rs 59,100 for providing underground drainage connections was taken note of, by the forum as a clear instance of the builder failing in his primary duty. "The documentary evidence adduced by the complainant establishes that the opposite party (builder) violated the terms and conditions of the agreement and failed to provide basic amenities to the complainant's apartment,'' the forum comprising the president, D Satyanarayana Reddi, and the members, P. V. V. Satynarayana Murthy and G Bharathi, in their judgment stated.

The bench directed the builder to rectify the defective plasters, painting of walls, doorways and provide the promised common amenities within six weeks or alternatively pay a compensation of Rs 50,000 to her. The complainant should also be paid Rs 1,000 towards costs.

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