ORDER

Anup K Thakur, Presiding Member—The complainant, a partnership firm, on it’s plot No.103, Road No.12, MIDC Area, Andheri (E), Mumbai-400093, has constructed two buildings namely (i) “Amar House” comprising ground, mezzanine plus one floor, and (ii) “Amar House Annexe”. The complainant allowed one Atos Origin India Pvt. Ltd. (hereinafter “ATOS”) to use and occupy the premises under various Business Conducting/ Leave and license Agreements. ATOS incurred substantial expenditure to refurbish the premises suited to their needs. Therefore, specific provision for a lock-in-period was made in the said Agreements. ATOS also availed a Standard Fire & Special Perils Policy dated 29.12.2007 from Bajaj Allianz General Insurance Co.Ltd. (Ann. A).

2. Per the plaint petition, taking advantage of the policy allowing increased FSI for IT park on Amar house, and as the existing plinth and first floor was certified by RCC consultant to be strong enough to bear the load of additional floors, the complainant decided to build additional three floors on the existing structure of Amar House. The existing building was not to be demolished except for the roof/ceiling of the first floor which was require