CHALLA SAILAJA Vs. MALLA JAGANMOHAN RAO

JUDGEMENT

(1.) These appeals are arising out of two separate orders passed in CC. 414/08 and CC 480/08 dated 31.10.2008 passed by the District Forum I, Visakhapatnam, in which, the appellants are the opposite parties and an order was passed directing (1) to commission the facility of lift (2) to demarcate car parking slots giving numbers, (3) to provide and connect generator and also to provide power supply to motor bore well (4) and the lift to have an access to the ground floor with an entry to it.

(2.) The complainants in CD. 414/08 and C D 480/2008 filed separate complaints against the common opposite party alleging deficiency in service in respect of the flats built and sold to them. The reliefs claimed in both the cases and the points involved in it are identical and so by a common order these two appeals are disposed of. The facts of the case in both the CC 414/2008 and 480/2008 are identically the same.

(3.) It is the case of the complainants that the opposite party who is the builder had constructed Trishul Raj Vihar Apartments and by means of a construction agreement obtained the purchasers and the complainants have purchased the flats and the opposite party had agreed to construct the flats as per the specification and greed to provide the facilities and amenities. But the opposite party failed to install lift, provide generator, separate motors to the bore wells, provide drinking water etc. The power supply was not obtained to the residential flats up to May, 2008 which caused great hardship. Further the opposite party had closed down the lift opening in to the ground floor and entry into the ground floor. The Opposite party had used substandard material in constructing the drains. Since the complainant had closed the lift to the first floor the complainants and other occupants have to scale down to the stilt floor and then climb up the ramp instead of directly approaching the road from the ground floor. No proper lighting is provided in the cellar and common area. In spite of request, the opposite party failed to provide the same. So a legal notice dated 05.06.2008 was issued for which a reply was sent with false allegations. . The act or omission amounts to deficiency in service.