BUILDS & INTS. Vs. M. SHANMUGANANDA

JUDGEMENT

(1.) FOR the sake of convenience, the parties in this Order are referred to according to their position in the Complaint filed before the District Forum.

(2.) APPEAL No. 1572/2006 is by Opposite Party (for short, "OP") No. 1 and Appeal No. 1599/2006 is by OP -2 challenging the Order dated 17.5.2006 passed by the District Consumer Forum, Bangalore Urban III Additional, in Complaint No. 1594/2005, by which the District Forum has allowed the Complaint of the Complainants in part.

(3.) THE Complainants are the joint owners of Site bearing No. 32 in C.M.C. Khata No. 155/32/84 MR No. 553/97 -98 situated at Kodichikkanahalli village in Begur Hobli of Bangalore South Taluk. As the Complainants intended to put up construction on the said site they obtained Sanction Plan from the concerned Authorities. The construction work was entrusted to OP -1 under an Agreement dated 30.9.2001. The amount agreed to be paid by the Complainants to OP -1 in respect of the construction of the building was Rs. 66,000 per square feet. According to the Complainants, as per the terms of the Agreement, OP -1 has provided five years guarantee against any defects, such as leakage, cracks etc. The further case of the Complainants is that the construction work was very poor and the materials used were of poor quality. The further grievance of the Complainants is that the OPs have installed a synthetic water tank of the capacity of 1000 liters over and above a 2" breadth concrete slab on a brick wall and this has resulted in breaking the concrete wall and, consequently, the water tank is damaged. The wood -work in the building was also of low quality and the entire construction has become shabby. The further averment in the Complaint is that the Architect one Sri K.N. Srinivas who inspected the building has assessed the cost of construction at Rs. 8,93,000 whereas the Complainants have paid Rs. 9,90,000 to the OPs. Since the construction was of a poor quality, the Complainants issued a Legal Notice to the OPs on 19.1.2005 seeking rectification of the defects and replacement of doors and shutters. OP -1 gave a reply to the said Legal Notice on 14.3.2005.