GANESH SHETTY Vs. H. SURESH SALIAN

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner/Opposite Party No.3 against the order dtd. 9/3/2021 in First Appeal No.225/2021.

(2.) Petitioner is Opposite Party No.3. Respondents are the Complainants. Opposite Party No.3 entered into a Development Agreement with Opposite Parties Nos.1 and 2 (the owners of the land) for construction of a multi-storied apartment having four floors, known as "Agasatya Residency" Urwastore Cross Road, Ashoknagar Post, Mangaluru. Each floor consisted of four apartments and in the ground floor there were two apartments and shops. Complainants also purchased one apartment in the building. Opposite Party No.3, vide letter dtd. 2/4/2015 intimated the Complainant that construction of the building was complete in all respect and the apartment is ready for occupation. Opposite Party No.3 also asked the Complainants to take possession of the apartment. Since Opposite Party No.3 also intimated that issuance of completion certificate by the Mangaluru City Corporation would take some time, the Complainants took possession of the apartment but they found that construction of the building was defective and as per specifications mentioned in the brochure. In absence of completion certificate, Opposite Party No.3 obtained temporary water and electricity connection. There was seepage in the walls of bathrooms. Rainwater entered into respective passage causing leakage. Switchboards, doors, locks and main door and other doors were of sub-standard quality. Opposite Party No.3 provided separate electricity meter to the lift, as no generator set was provided. Opposite Party No.3 also failed to make full payment to the company which installed the lift due to which the company refused to give the services. The Complainants were compelled to clear the dues of Rs.40,000.00. Opposite Party No.3 did not clear the water tax of Rs.2,03,774.00 due to which the Municipal Corporation disconnected the water connection on 15/11/2016. Complainants also filed police complaint against Opposite Party No.3. It was only after intervention of the Police, Opposite Party No.3 cleared the dues and the water connections of the Complainants were restored. Alleging deficiency in service on the part of the Opposite Parties, the Complainants filed Consumer Complaint in the District Forum, Mangalore with following prayer:

(3.) The District Forum after hearing the Learned Counsel for the Parties and perusing the record partly allowed the Complaint and directed the Opposite Parties as follows: -