Skip to main content

Construction must be defect-free, rules consumer commission

Upholding Additional District Forum's verdict, the Nagpur bench of State Consumer Disputes Redressal Commission has asked a private builder to rectify defects as claimed by the residents or pay compensation. The residents of Wathoda-based Indira Town had alleged substandard construction that led to cracks and seepage of water in their new tenements.

A bench of presiding member BA Sheikh and Jayashree Yengal, while delivering the order, made it clear that "it's always obligatory on the part of developer/builder to make construction without any defect... The construction firm cannot claim cost of repairing when the leakage or seepage occurred. Even if the possession of homes was taken over by the residents, in current case that didn't absolve the builder from rectifying defects," the judges observed.

According to residents, their township was launched in 2004 and builder Sarju Constructions had allegedly taken maintenance amount of some Rs 4.25 lakh towards facilities from them apart from Rs 10.5 lakh towards cost of tenement. After monsoon, the problems started on account of poor maintenance. They claimed even the safety wall constructed on the southern side was below the specified height and the construction was not as promised by the builder in the brochure.

As Sarju Construction refused to take action, the residents moved Additional District Forum in the city alleging deficiency in service and unfair trade practice and demanded Rs 20 lakh compensation towards damage to each of the complainant. They also demanded to equalize plinth level of all rows of the apartments in the township under the supervision of a qualified architect.

The construction firm contended that the forum did not have jurisdiction over such complaints and they could not be decided under Consumer Protection Act. The lower forum, while partly allowing the residents' prayer, directed the builder to rectify defects and finish incomplete work or pay compensation to each complainant. The forum relied on the report of a commissioner appointed by it to verify the allegations.

The forum told the firm maintenance amount collected by it should be kept in account of the residents in the name of - Indiradevi Township Association. The builder challenged this order in the State Commission which upheld the findings of lower forum. The commission observed the sale deed could not exonerate the builder from removal of defects in the construction. It also rejected residents' demand to reappoint new commissioner for inspection of defects.

Article referred: http://timesofindia.indiatimes.com/city/nagpur/Construction-must-be-defect-free-rules-consumer-commission/articleshow/45210569.cms

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more