MERRIDIAN PROMOTERS PVT LTD Vs. HARISH NARAYAN RAGHANI

JUDGEMENT

(1.) 1. The complainants/respondents purchased a flat bearing No. GF-2 constructed by the opposite parties/petitioners under an agreement to sale for consideration of Rs.35 lakh on 16.11.2005. The sale deed was also executed in their favour.

(2.) DURING June,-July, 2007, the complainants informed the opposite parties that flat No. GF-2 had started developing seepage in their masters bedroom's bathroom upon which the petitioners rectified the defect at their own cost. The complainants also sent a letter of thanks on 29.12.2008 but again complained the problem of seepage in the same letter. The opposite parties replied that the said problem cropped up because the complainants had carried out certain internal works which fact transpired at the time of their investigation. Legal notice was sent and replied. Ultimately, the complaint was filed before the District Forum at Vishakhapatnam praying that the opposite parties be directed to rectify the seepage problem or to pay a sum of Rs.2 lakh and to pay a sum of Rs.3 lakh towards loss/damages and for mental agony suffered by the complainants and also to pay a sum of Rs.5,000/- towards cost of litigation. The opposite parties contested this case.

(3.) THE District Forum allowed the complaint directing the opposite parties to get the defects in the complainant's apartment rectified at their own cost within three months, failing which they shall pay a sum of Rs.1 lakh with interest @9% per annum from the date of order till the date of payment. It also awarded the compensation in the sum of Rs.50,000/- in favour of the complainants.