Thursday , 19 September 2019
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Builder asked to rectify defects in construction

By Adv. Jatin Ramaiya

Shekh M. Sharif, a resident of Dabolim filed a complaint before the Consumer Disputes Redressal Forum, Margao against a partnership firm M/s. Aditya Constructions and its partners. 

The Dabolim resident in his complaint alleged that he purchased Flat F-4 in the building complex known as ‘Aditya Complex.’

He said that he had taken over possession of his flat in the year 2009. However, he alleged that the dispute arose in November, 2016 when the builder rented out the flat above his and the tenants of the builder came to reside in it. Shekh said that, in the month of February 2017, the ceiling of the toilet of his flat showed seepage due to the water leakage from the toilet of the above his flat and the leakage in his toilet resulted in dampness to the wall of the kitchen, due to which the plaster and paint in the kitchen started peeling off. The fact of leakage was brought to the notice of the builder firm who agreed to rectify the defect but never did so.

Shekh claimed that he appointed a civil engineer to draw up a report in respect of the leakage and evaluate costs needed for repairing the same and the said engineer drew and provided the report detailing the deficiencies, proposed costs and suggestions towards rectification. However, in view of the fact that the builders did not rectify the deficiency in the said flat, Shekh filed consumer complaint.

The builders appeared before the Forum and disputed the case made out by Shekh and stated that the complaint filed was belated and false. Upon considering the material on record the Forum heard arguments advanced by   Adv. Sudhir Naik and Adv. N. Asurkar. The members of the Forum through its senior member Cynthia Colaco held “As the leakage affected the toilet and kitchen of the complainant’s flat situated right below the toilet of the opposite parties, dampness came to the wall and plaster and paint in the kitchen peeled off and there is constant seepage of water into the toilet of the Flat”.

Moreover, the members of the Forum held that “The complainant has proved deficiency of service by the opposite parties in their structural work which lead to the leakage in his toilet and dampness of the kitchen walls which has caused the plaster and paint to peel off due to leakage in the toilet in Flat SF2.”

The Forum therefore, directed that the builder to compensate Shekh a sum of Rs 15,000 for mental torture and harassment suffered due to the deficiency in service displayed by the builders and rectify the defects in respect to the leakage.

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