MILROC DEVELOPMENT CO Vs. ANTONIETA RIBEIRO DE SOUZA

JUDGEMENT

(1.) This revision petition has been filed by M/s Milroc Development Co. and its partners, Mr. Kantipudi Kulasekhar, Mr. Kamlesh Shantilal Jhaveri, Mrs. Shobha Kamlesh Jhaveri and Mr. Allaparthi Durga Prasad. The complainant, Mrs. Antonieta Ribeiro de Souza and the petitioners/opposite parties entered into an agreement wherein the complainant agreed to purchase flat in the apartment project developed by the opposite parties for construction cum sale of a flat having a built up area of 135 sq. mt. The possession of the flat was given to the complainant on 8.7.1998. The sale deed was executed and registered by the parties on 29.3.2006.

(2.) The complainant filed a consumer complaint before the District Forum, North Goa at Porvorim alleging deficiency in service coupled with defective construction and seeking certain directions. In the complaint, it is averred that brochure described the project as a township consisting of 350 apartments and an exclusive shopping centre, a club house as well as community hall. The brochure further stated that the complex would be walled on four sides, with gates, entry way, manned by security personal round the clock. Again, it would have a shopping complex enabling the purchasers to live a self contained existence within the Retreat by providing daily amenities and services, such as provision stores, bank, beauty parlour, shopping arcade and restaurants. The brochure also promised a Club House with well-equipped health club. Consequently, the complainant booked one flat for which she paid Rs.9,47,500/- and one time maintenance costs of Rs.39,813/-. However, in the sale deed, the amenities mentioned above found no place. It is further averred that the quality of the construction is very poor. It transpired that there was lot of absorption of water on all the outer walls of the apartment, cracks had developed practically on all inner walls and there was dampness on the walls resulting into formation of fungus, particularly, in the bedroom walls. This dampness attracted and provided an ideal media for insects and other microscopic life. Those affected the skin of the complainant and her husband. Again, there was tremendous absorption of water on the roof of the toilet of the master bedroom. Dark brown and gray patches developed all over the roof of the toilet of the master bedroom resulting in the formation of fungus and foul smell pointing to corrosion of the street wires in the slab above the bedroom. It affected the health of the complainant and her husband. They were medically treated. Again, there was seepage of water even through the beams and walls, which had affected the crockery of the complainant. Moreover, the glazed tiles in the bathroom are of poor quality as the tiles of the master bedroom had developed cracks and holes and the holes need replacement. The granite stone on the platform of the kitchen is full of holes and beautifully filled with cement of the same colour, which could not be seen at the time of taking the possession. After sometime, the cement started peeling off and the holes have started showing clearly indicating that second quality material was used.

(3.) Shri S. N. Bhobe, an Architect visited the flat on 3.10.2003 and gave its report ext. 'E'. The Architect has opined that the dark patches on the walls show that there is seepage of water through the beams, thereby the steel has started corroding thereby endangering the entire structure of the building. As per agreement, for Construction-cum-Sale, each unit was to be provided with underground sump with an electric pump and an overhead tank. The same was not provided. On the other hand, the petitioners had constructed the huge massive tank which is connected to the water supply. In addition, the petitioners have dug 2/3 Bore Wells and they pump water from the bore wells also into the tank, which mixes with the water from the Public Works System. From this tank, water is supplied to all the apartments. For quite some time, the water was being supplied to the apartments, including the apartment of the complainant. The people are not getting clean water. It was prayed that the opposite parties be directed to execute the deed of rectification so as to incorporate all the clauses of the agreement of Construction cum Sale, which were not incorporated therein and which have been in the agreement for Construction cum Sale dated 31.3.1997. The opposite parties be further directed to rectify the problem of dumpness in the outer walls and inner walls and ceiling of the apartment including the roof of the master bedroom and to repair all cracks in the walls and to replace the glazed tiles which have cracked both in the kitchen as well as in the bathroom, to provide clean and potable water to the complainant's apartment. Besides this, compensation in the sum of Rs.1 lakh be granted in favour of the complainant.