MANGAPATHI TOWERS FLAT OWNERS ASSOCIATION vs LAKSHMAN DAS

THE complainant is a flat owners Association. Its members entered into agreements with the opposite party builder for purchase of flats during the year 1997-98 as per the brochure issued by him. Accordingly the total plinth area of each flat would be either 950 sq. ft. or 900 sq. ft. But contrary to the said promise he constructed them with a shortage of 25 sq. ft. in each flat. He also collected a sum of Rs. 25,000/- for car parking. However, the opposite party could not complete the construction work as promised but delivered possession on different dates to the members of the complainant Association commencing from April, 1998 to December, 1998. Even then facilities like drinking water, lift, car parking, etc., are not provided, but they were provided subsequently. A generator was promised collecting a sum of Rs. 1 lakh but the same was not installed. THEre are severe leakage of water pipes and drainage pipes causing damage to the building. THE opposite party failed to rectify the defects. Though he promised distemper to the interior walls it is not done. He has to provide 8 doors for each flat but provided only six doors. Though Assam teak should be used for all the doors as promised he used inferior quality of country wood. He constructed 6" outer walls of all the flats and as such there is every possibility of walls collapsing in the near future. THE lift is not working. THEre is no proper electrical wiring. THErefore, they filed this complaint claiming for a direction to rectify the defects and also to compensate the flat owners suitably. In all a claim is made for Rs. 18,79,750/-.

IN the counter filed by the opposite party while admitting the construction agreements denied that there is any shortfall in the extent of 950 or 900 sq. ft. in the two categories of flats, that it is false to say that the opposite party collected a sum of Rs. 25,000/- for providing water, electricity, drainage, etc., but collected only Rs. 18,000/- and the said amount was deposited with the concerned departments. The flat owners never complained about any pending works at the time of taking possession of the flats. On the other hand they expressed their satisfaction in writing while taking possession. There is no obligation to provide car parking for the fat owners. It is false to allege that the opposite party collected Rs. 1 lakh towards generator. The unauthorised construction referred to was carried out by the opposite party at the instructions of the flat owners based on Vaasthu and as such they are alone responsible for regularisation. The opposite party fixed the doors with Assam teak-wood and main door with teakwood. Outer walls on the flats are constructed as per the specifications. He also installed the generator as promised. There are no pending works as mentioned in the complaint. Therefore, the complaint is liable to be dismissed. The complainant filed the affidavit evidence through its Secretary and filed Exs. A-1 to A-38. The opposite party filed Exs. B-1 to B-7 besides filing his affidavit.

The point, therefore, that arises for consideration is whether there is any deficiency in service on the part of the opposite party, if so to what extent?

THE opposite party builder admitted the construction agreements in favour of the members of the complainant association. But what all stated by the opposite party is that there is no shortfall in the extent of 950 sq. ft. category or 900 sq. ft. category flats. It is further admitted that only Rs. 18,000/- was collected and not Rs. 25,000/- for providing water, electricity, drainage, etc. THEre is no obligation to provide car parking. THE unauthorised construction was made at the instance of the complainants. Doors with Assam teak and main door with teakwood were provided. Outer walls were constructed as per the specifications. He installed generator. THEre are no pending works. How far this version is true is the question? A Commissioner was appointed who filed his report stating as follows: Terrace Portion of Mangapathi Towers 1. I found water pipes fitted in the terrace on all sides on the northern side. There are some broken PVC pipes bundles-up and tied together and some more unfitted pipes are lying on the water tank. 2. There are eleven drainage exhaust pipes. The parapet wall is of 33" height and from the parapet wall the drainage exhaust pipes are erected 310" height. 3. There are cracks in the parapet wall. For each floor I have inspected one flat to note the condition of the flat and in some floors more than one flat was inspected: 4. Plot No. 504 : There are cracks inside flat No. 504 in the fifth floor. The main door is made of teakwood. The steps towards terrace from the 5th floor are covered by Shabad slabs. When I observed the floor in the fifth floor, it is clear that on polished floor cement work was done.

Flat No. 402: There are traces of dropping/seepage of water from the top floor at different places and there are deposits (it appears as if they are soap deposits, etc.,) on the walls of the balcony. It appears that from the bath room of the Flat No. 502, water seeped into the 4th floor viz., into Flat No. 402. Flat No. 401 : In the south-western bed room there are traces of seepage from the bath room of Flat No. 501. As per the work-memos I have got measured with the aid of Engineers of both parties, as sample four flatstwo in third floor viz., 302 and 3003 and two in fourth floor viz., 401 and 404so that exact measurements of all the flats can be known. Measurements : Flat No. 404 : North-south measurement from outer margin of southern wall in the balcony to the wall on the north is 29 5); Western wall inner margin to kitchen wall 20 9 + 6 11 (outer wall). Flat No. 401: North to South-29 4 (outer wall to common wall East to West20 9 + 6 10. Deduct lift space : 4 7 x 6 4. Common areas: East to West 8 1 North to South 29 2. Lift space: 4 7" x 6 4. Lift machine room East to West : 16'' x 25 2"-North to South And Water tank (Out of the above measurements water tank measurement is 12 5" x 6''). Flat No. 303 : North-South25 11". East-West31 7". In the north-western bedroom traces of seepage is there. There are six doors including main door. Main door is made of teakwood. There is no door for kitchen. There are traces of seepage in kitchen. Flat No. 302: North-South25 19". East-West31 7". There are six doors including the main door which is made of teak. For kitchen there is no door but frame is fitted in. In the north-eastern bed room there are traces of seepage and even in the bath room attached to the bed room there are traces of seepage. In the upper floor above this bed room there is bath room in Flat No. 402. On the north-western wall in balcony traces of seepage are there. In the south-western bed room there are traces of seepage. Washing area is there in the upper floor above this balcony which abuts the kitchen. Flat No. 304: In the drawing-cum-dining hall the tiles are not even in level. In the north-eastern bed room there are traces of seepage. On the southern wall both on the inner and outer side and in the balcony there are traces of seepage. In the south-western bedroom there are slight traces of seepage. Flat No. 201: In the kitchen there are traces of seepage. Flat No. 204: In both the north-eastern and south-western bed rooms there are traces of seepage. Flat No. 202: On the north-eastern wall of balcony there are traces of severe leakage. Flat No. 103: The outer row of tiles in the balcony towards wall seemed to have been replaced and there is cement plastering. Paints in flats: The internal walls of all the flats are painted with oil bound distemper. There is no generator in the compound or anywhere. Lift is there. At the cable junction near the lift there are traces of seepage. Cellar measurements-North-South55 6" and East-West62 11". (Under the built-up area). The floor is with ordinary rough stones (Shabad stones). The cellar measurements are taken because as per work-memo I was requested to count the number of cars that could be parked, but since car parking is not ear-marked, I had not measured the entire cellar under the built-up area. Approximately 15 cars can be parked. Watchman room and Electricity meter room....... East to West6 9" x 29 6 North-South. Electricity meter room is not provided with door. Ceiling of watchman room not plastered. Bath room made of iron is partly rusted. Opposite to transformer there is soil settlement and six stones have partly settled below normal ground level. Water-sump measurements 15 3" x 6 6".

THIS report clearly shows that no generator is provided. There are leakages and seepage of water in every flat. There are no shutters for some doors and door ways. Car parking is not sufficient for all the flat owners. Water sump is insufficient. We are of the opinion that one more sump of a similar measurement should be constructed. The measurements of the flats are not in accordance with the agreements but of lesser extent. The outer walls are of 6" only instead of 9". These and other defects should be rectified by the opposite party. In fact this Commission directed the opposite party to complete all the incomplete works by 30.6.2003 and file an affidavit. But it is not done. Therefore, there shall be a direction to the opposite party to rectify the defects pointed out in the Commissioner report and also pointed out in this judgment, within a period of two months from today. If the opposite party fails to comply with the defects as pointed above within the time allowed, it is open to the complainants to file an estimate for the pending works and execute the said works after obtaining permission from this Commission and recover the costs thereof from the opposite party.

THIS complaint is accordingly allowed to the extent indicated above with costs of Rs. 5,000/-. Complaint allowed.