RESIDENTS AND ASSOCIATION OF THE B D A COMPLEX Vs. BHOPAL VIKAS PRADHIKARAN

JUDGEMENT

(1.) The complainants have filed this complaint for recovery of Rs.8,21,828/- from the opposite party for deficiency in services by the opponent who constructed "residential-cum-shopping complex", under self-financing scheme at Bus Stop No.2, 1250 Qrs. , Bhopal and delivered possession thereof to the complainants. The deficiencies pointed out are sub-standard material, defective planning and designing, unnecessary delay in handing over possession of flats, amounts charged for works not done, amounts charged for works done which are totally unconnected with the costs of residential flats, excess amounts charged for stair-cases and balconies, for INT EXT electrifications and cost of land not sold to the complainants. The plaints have claimed the above noted amount as per details worked out in the "statement at a glance" appended to the complaint.

(2.) The complainants were allotted in December, 1991, MIG flats having built-up area of 827.22 sq. ft. at an estimated cost of Rs.2,63,500/- and were directed to pay the entire estimated cost in four bi-monthly instalments as per schedule mentioned therein and fifth instalment of lease rent, service charges, registration charges and balance if any etc. before taking possession of the flat. Last bi-monthly instalment of estimated cost of Rs.2,63,500/- was to be paid on 20.8.1992. In October, 1992, the complainants were informed by the opposite party that the cost had escalated and the complainants were asked to pay Rs.46,866/-. within 10 days. The complainants paid the escalated cost and obtained possession of the flats in October/november, 1992.

(3.) Besides alleging that the complainants had to pay escalated cost, under threats of cancellation of allotment in case of non-payment, the complainants have complained of following deficiencies and have claimed amounts shown against each deficiency per allottee from the opposite party: (i) The estimated cost of Rs.2,63,500/- included charges for construction of shops, road work, asphalting of road, structural consultancy etc. which expenses were totally irrelevant and not connected with the costs of sixteen residential flats - Rs.19,283/- per allottee. (ii) Delay in possession of flat for which claimed interest at the rate of 18% p. a.- Rs.11,560/- per allottee. (iii) Excess amount charged towards the cost of land not sold to the complainants - Rs.3500/- per allottee. (iv) Amounts illegally charged for 100% area of stair-case and balconies-Rs.28,054/- per allottee. (v) Amounts charged for the work of sumpwell, boundary walls etc. , which has not been done and amount excessively charged for INT and EXT electrifications - Rs.23,750/- per allottee. (vi) Compensation for sub-standard and poor workmanship, use of sub- standard material and defects etc. as detailed in paras 11 and 12 of the complaint-Rs.94,312/-. per allottee.