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PREM NARAIN
Shashi Malhotra – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Madhav Khurana, Advocate Mr. Varun Singh Thapa, Advocate
For the Opp. Party:Mr. Haneef Mohmmad, Advocate Mr. Anil Vyas, Advocate for Mr. Ali Z. Ahmed, Advocate

ORDER

Prem Narain, Presiding Member—This complaint has been filed by the complainant Shashi Malhotra against opposite party Ashok Kumar.

2. Brief facts of the case are that the complainant entered into a collaboration agreement dated 05.04.2011 for the purpose of constructing/developing her property. As per the agreement, the land was to be provided by the complainant and the complete cost of constructing the property was to be borne by opposite party. In due course of time, the complainant observed major structural flaws with the construction of the premises which were duly pointed out to the opposite party on various occasions. Later on, the complainant shifted into the premises, however, the premises was completely unfit for habitation owing to the gross negligence and hazardous construction methods adopted by the opposite party. Complainant engaged structural consultant who in his report dated 02.06.2011 stated that the slab had been deflected beyond the allowable limit of 20mm and suggested certain alternatives to correct the roof slab. In September, 2011, opposite party constructed the ground floor, upper ground floor and first floor without any rectification to the premises st

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