BRIGADIER V K DANDEKAR Vs. CREATION CONSTRUCTIONS

JUDGEMENT

(1.) Briefly the facts of the case are that the respondent is carrying on business as a Builder and Mr. Sanjay Sharma is its proprietor. Mr. Sharma purchased the first and second floor of a house bearing No. A-l/66, Panchsheel Park, New Delhi, measuring 216 sq. yards from Mrs. Shanta Badhwar and made additions and alterations in its first and second floor. He also constructed the Servants Quarters on the 2nd Floor. Thereafter, he sold the rights, title and interest in the 1st floor comprising of 3 bedrooms, attached bathrooms, drawing cum dining room, study room in staircase, one kitchen front and rear balconies and one Servant Quarter together with common facilities for Rs.8 lacs, to the complainant.

(2.) The complainant took possession of the house on 5th May, 1992. It is alleged that the premises have got inherent defects viz. leakage, seepage, non-provision of protective ledges, defective windows, poor quality cupboards, defective electric connections, poor quality bathrooms etc. In the middle of August, 1992 there was a heavy shower due to which ceiling of the house began to drip. After investigation it was found that it was due to the reason that the roof was littered with debris and building material left behind by the builder which had blocked the storm drains. Thus, the water started percolating through the walls and the beam of the bedroom and damaged them.

(3.) There was also heavy seepage on the roof of the bathroom, connected dressing room, alcove and passage. On account of the seepage the plaster was damaged, which had to be redone and painted. It is further stated that he found that no out let for water and no water tap for washing had been provided in the front verandah and consequently, a water tap and drainage pipes were got fitted.