SHAKUNTALA BHADOURIA Vs. GRIHA NIRMAN MANDAL

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner is seeking following relief's:

(2.) On inspecting the allotted house by the petitioner, she found several latent and patent defects in the construction and complained about the same to 2nd, 3rd and 5th respondent. The petitioner also sent e-mails on 23.11.2009 and 24.11.2009 to these respondents. The Dy. Housing Commissioner issued official website asking for information and complained about the pricing and quality of the construction and requested for correction of the defects and lacuna.

(3.) Further the case of the petitioner is that vide letter dated 10.12.2009, the fifth respondent-Assistant Engineer of the Housing Board informed the petitioner that the house is still under construction and any shortcomings pointed out by her during a joint inspection will be rectified during the process of finishing the work done. Despite petitioner telephonically requested fifth respondent to have joint inspection, her request was not accepted by him. The said respondent again informed the petitioner vide letter dated 29.12.2009 that the construction work is about to complete and, therefore, she should fix up a joint inspection to point out the defects in construction so that they can be rectified by the Contractor before and during finishing. In pursuant to said letter, the petitioner sent a letter on 8.1.2010 to the fifth respondent informing that she will be able to come in the month of February, 2010. The petitioner further requested the fourth respondent-Estate Officer of the Board at Gwalior to provide her approved specifications of the house; the basis of formulation of these specifications; the approved lay out; planned estimate and drawing of the house; the basis of calculation of the cost of the house and reasons for escalation from initial cost; date of purchase of land; the report of material used in the construction etc. etc.