AYODHYA APARTMENT OWNERS WELFARE ASSOCIATIONCOMPLAINA Vs. AISHWARAYA CONSTRUCTIONS

JUDGEMENT

(1.) The brief facts as set out in the complaint are that the complainant society which is Ayodhya Apartment Owners Welfare Association authorised Mr. M. Durga Prasad to file this complaint. The opposite party who is a builder collected sum of Rs. 750 per s.ft. towards the cost of construction including the site cost for getting the undivided and unspecified shares while collecting the amounts in full from the flat owners. Opposite party promised that he would undertake the construction work with standard quality of material and that the project would be completed within 18 months. Complainant submits that the opposite party engaged the sub-contractors for attending to the works because of which the project was delayed and after repeated demands from them to hand over the possession of the flats, he finally delivered the residential units to the flat owners during the month of May, 2002. There is basic deviation in the plan which has been approved by the Municipal Corporation and the opposite party being the builder ought to have constructed in accordance with the municipal plan and also in accordance with the provisions of A.P. Apartments Act, 1987. Opposite party did not leave vacant terrace portion as designed in the plan but constructed a pent-house and also did not use quality material in the construction. Complainant submits that opposite party has committed various irregularities as follows :

(2.) Complainant further submits that in the individual flats the following defects are found :

(3.) The complainant society members have occupied their flats and are suffering every day due to negligence of opposite party in repairing the flats.