Mrs. Vineeta Rai, Member—This First Appeal has been filed by eight members of Atulraj Owner’s Residents’ Association (hereinafter referred to as the ‘Appellants’) being aggrieved by the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the ‘State Commission’) which dismissed their complaint against opposite parties Rajul R. Shah and another, Respondents herein.

2. In their complaint before the State Commission, Appellants had contended that they had purchased flats from the Respondent and during the earthquake that occurred on 26.01.2001, there was heavy damage to these flats because of the unauthorized construction including penthouse, gallery etc. which had been constructed by the Respondents in violation of the sanctioned building plans and had put extra load on the building causing the damage. Further, the material used in the construction was also of inferior quality because of which the foundation of the building itself was very weak and against the stipulated safety norms. Therefore, being aggrieved because of the deficiency in service and the loss caused due of the damage to the building including the fact that during its ext