Decided on January 25,2010

Annie Varghese And Anr Kerala Appellant
K B Plaza Appartment, Kerala Respondents


- (1.) THE appellants are the opposite parties in C.C.214/06 in the file of CDRF, Ernakulam. The appellants are under orders to pay a sum of Rs.2,62,500/ - to the complainant and also to deliver the documents specified in the complaint except the original title deed and tax receipt or else not pay a sum of Rs.3,000/ - to secure certified copies of the above documents and also to pay cost of Rs.2,000/ -.
(2.) THE case of the complainant M/s.K.B.Plaza Apartment Owners Association represented by its President is that the opposite parties, the builders of the above multi storied building has failed to rectify the defects in the construction and also to provide the various drawings and documents of the building approved by the Corporation of Cochin. The complainants have estimated 11 items of the defects in the building namely, that the storage of water is attached with the septic tank in violation of the sanctioned plan; the pipe shafts provided are in such a manner that the maintenance of the pipes cannot be done and the side walls are not plastered resulting in seepage of water through the walls; fire escape stair case not provided, soil waste pipe is not adequately provided; bore well not provided; lightening arrester are not properly fixed ; water tank and septic tank are under the car park, large area of walls are left un painted; soak pit and sewage water disposal is not properly done; there is leakage of pipe joints inside pipe shafts and air craft warning is not provided. It is also alleged that the original documents pertaining to the civil works approved by the Corporation, the electrical wiring lay out; plumping lay out; fire fighting lay out; lift wiring diagram, aviation light installation document; telephone cable layout, cable T.V. layout; original title deed and tax payment details and certified copy of the completion certificate were not provided. In spite of repeated requests the above defects were not rectified or the documents provided. They have sought for a direction to rectify the defects and provide the documents or in the alternative to pay a sum of Rs.9,90,000/ - for getting the defects rectified.
(3.) THE opposite parties filed have version contending that the complaint is not maintainable and that with respect to the same matter O.P.504/2000 was filed by three members of the complainant association before the same Forum. The above O.P resulted in virtual rejection of the reliefs except to the limited extent of a relief Rs.3,000/ - and interest at 18% as per order dated 30.06.2003. The said order was satisfied by the opposite parties. Hence it contended that the present complaint is noting but an abuse of law. With respect to the allegation that the storage of water is attached to the septic tank it is contended that there is no violation of the plan. The change in the plan was with the sanction of the authorities. The civic authorities have issued completion of certificates after due inspection. It is also contended that the members of Association of the complainant were satisfied after the verification of the plan and inspection of site during its various stages of construction. The allegation with respect to the pipe shafts is denied. It is impracticable to lay new pipes through the out side of the wall. The fire escape staircase out side the building was not envisaged under the then building rules. The allegation with respect to the soil waste pipe is denied. It is pointed out that there is already a bore -well in the premises. There is no obligation on the part of the opposite parties to maintain the lightening arrester. The same has been approved by the electrical Inspectorate. The car parking space is provided in accordance with the standard building practices. No area has been left unpainted. It is not correct that the disposal of the waste water is in an unhealthy manner. The allegation of leakage of pipe line is false and proper aircraft warning light has provided. The documents sought were provided to the then office bearers of the complainants as soon as the formation of the Association. The documents concerning telephone and cable T.V. layouts are not available with the opposite parties. The opposite parties are still retaining some unsold portion of the land and hence it is not possible to provide the original title deeds etc. The evidence adduced consists of the testimony of PW1 and Exts.A1 to A5.;

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