JAYBHAI PATEL Vs. GOKUL CORPORATION

JUDGEMENT

(1.) PRESENT complaint is filed by the complainants with the prayer that the opponents be directed to complete the work and pay compensation for the loss incurred or alternatively repay the entire cost of such construction with interest. The entire cost is estimated to Rs. 19,68,831.

(2.) IT is alleged in the complaint that the complainants are members of Sakan Twins, New Memnager Co.op. Housing Society, near Management Enclave, Vastrapur, that they had booked the residential premises in 1988 -89 but the builders have not provided amenities as per the brochure. Complainants are residing in the respective premises since 1993. In the very first month after taking possession the complainants made complaint regarding the infirmities in the civil work and non -completion of the work as listed in the advertisement and the brochure. As some of the construction is left out half -way it gives a deserted look, that incomplete structures are dangerous for the life and the residents of the Society are subject to health hazards like malaria, cholera, etc. Because of non -completion of the work it causes damage to the vehicles. Compound wall is not erected, even the work was not completed in the time -schedule. It was to be completed on or before 1991. It amounts to deficiency in service on the part of the opponents. Watchman had retained one room in the first floor of the proposed Club House. As per the estimate given by the Architect and Engineer the work to be completed is estimated to Rs. 19,68,831. Hence the complainants have claimed the same amount from the opponents with interest.

(3.) THE complainants have relied upon brochure, development agreement dated 12.6.1989 and notice given to the builder dated 2.8.1994. These documents are produced with list at Exhibit 5.