INDRADHANUSH COOP.HOUSING SOCIETY LTD. Vs. TALAK HOMES & ESTATES

JUDGEMENT

(1.) THE Complainant, a Housing Co -operative Society is before us alleging defective/incomplete works in the construction of the building complex Indradhanush as well as deficiency -in -services rendered by the Opposite Party. Succinctly stated, it is the Complainants case that its members entered into an agreement with the Opposite Party for purchase of flats in the building complex Indradhanush at Borda, Margao and have taken occupancy of their respective flats. A strip of land towards the eastern side of the property was reserved for parking and road side gutters. Likewise, the entire roof was to be sloppy type with Mangalore tiles and a sump had to be provided for the buildings in terms of the Municipal license. However, the Opposite party failed to construct the building in accordance with the approved plans and licenses and provide amenities promised under the agreement. The Opposite Party permitted the Municipality to construct a road. on the strip on the eastern side thus making it impossible for the strip to be used for scooter parking. The roof of the building was not as per the approved plan and the Mangalore tiles had been improperly fixed. Sump has not been provided. A large number of garages have been built with the intention to convert them into commercial spaces. There is heavy seepage of water along the western walls of the building. The Opposite Party did not co -operate in redressing the grievances. The Complainants consultant valued the cost of remedial works required to be carried out at Rs. 11,60,000. The Opposite Party had not executed a conveyance transferring the ownership of the building and the property in favour of the Complainant. The Complainant prayed for a direction to the Opposite Party to rectify the defective works or alternatively to pay a sum of Rs. 11,60,000 and further amount of Rs. l,00,000 as compensation.

(2.) PER contra, the Opposite Party entered its written version. Briefly the Opposite Partys defence may be summarized as follows:

(3.) COMPLAINANT entered its affidavit -in -evidence through its chairman Shri Edmund Cardozo, and examined Shri Vikas Dessai, Civil Engineer. On the other hand Shri Madhav Talak Managing Partner of the Opposite Party firm filed his affidavit -in -evidence along with their expert Shri S. N. Bhende. Shri Madhav Talak was also cross -examined.