Mangaluru: The Dakshina Kannada Consumer Disputes Redressal Forum, Mangaluru, in its order dated 11th August 2016 on a complaint by six owners of apartments at Kadri Toll gate in the city, has directed 6 accused persons including the builder of an Apartment at Kadri Tollgate to pay a fine of Rs: 5000 to each of the 6 complainants and undergo simple imprisonment of 2 years for failure to comply with an earlier order by the forum dated 30.4.2013. Failure to pay the fine, would entail the accused to undergo a further imprisonment of 1 month consecutively. The complainants had filed a complaint under section 27 of the Consumer Protection Act 1986 after the accused failed to comply with the order of the forum.
The earlier order of the consumer forum had directed the builder to set right defects in the apartments of the complainants brought to its notice, provide a completion certificate and door numbers to them. Apart from this they were liable to pay the complainants a compensation of Rs: 50000.00 each in case of failure to comply with its orders within three months.The residents had approached the forum when they found out that the Mumbai based builders failed to provide them the amenities as said in the agreement.
The case was registered under section 12 of the consumer Protection Act 1986 alleging deviation from building license terms which was illegal, such as extension of the floor area, incomplete compound wall, insufficient parking facility, poor quality of wiring and electrical fittings, absence of intercom facility, poor flooring, concrete door frames instead of wooden door frames, absence of gymnasium facility etc.
The President of the forum Asha Shetty had observed that the builder had catered in improper practices and inadequate service failure to provide the legal documents to the residents and had deviated from the approved building plan and had also violated the licensing terms and condition. She had also noted that there was considerable delay in standardizing the illegal construction.
She also added, “Apart from setting the defects right the builder should pay Rs 50,000 each towards the damages and incase of failure to issue a completion certificate with the stipulated time (i.e. 3 months) the opposite parties are liable to pay Rs500 per day till the date of issuance of certificate with permanent door number. Further double tax collected by the MCC shall be borne by Opposite Parties till they set the above problems right, also pay Rs 4,000 each (which includes commissioners fee) to the complainants. Payment shall be made within 30 days from the date of order.”
