Southern States - Tamil Nadu-Chennai   

Flat builder ordered to pay for repairs

By A. Subramani

CHENNAI APRIL 27 . Coming to the aid of a flat owner, who complained of cracks and seepage in his residence, a consumer forum has directed the builder either to undertake repairs or pay him Rs. 40,000 to the owner for repairs.

The Chennai (North) District Consumer Disputes Redress Forum also awarded a compensation of Rs. 10,000 to K.S. Varadan, who demanded from Abhinav Associates Rs. 40,000 for repairs and another Rs. 15,000 for the mental strain caused by poor construction.

Two years after taking possession of the dwelling unit in September 1989, Mr. Varadan found that water was seeping through bedroom walls and cracks appeared on partition walls.

A chartered engineer, engaged by him, submitted a report that there were several shortcomings in and violations of the building approval plan. Also, teakwood, French window and flush doors were not provided, as agreed upon.

Refuting the claims, the builder contended that the complainant had never notified any repairs.

Describing the engineer report as `false', the counter said the professional should have inspected the premises only after giving notice to the builder. He denied any contravention of the approved plan and agreement.

The forum bench, comprising the president, K. Ramasamy, and the members, V.M. Thandapani and Nagammai Karuppiah, however, rejected the builder's version and pointed out that the construction company had not taken any step to disprove the complainant's case.

On the contention that the complaint was made two years after having taken possession of the flat, the forum said seepages and cracks would not be visible when construction was fresh.

"Everything might have been in good condition immediately after construction. Therefore, the builder cannot contend that the defects were reported only after two years."

It also cited violations in thickness of the outer walls and RCC covering.

The forum directed Abhinav Associations either to carry out the repairs mentioned by the complainant or pay Rs. 40,000 so that he could undertake repairs on his own.

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