The builder's failure to provide amenities as per contractual obligations constitutes deficiency in service under the Consumer Protection Act.

1. Present Revision Petitions under S.21 (b) of the Consumer Protection Act, 1986 (for short "the Act") have arisen out of the order of the A. P. State Consumer Disputes Redressal Commission, Hyderabad (for short "the State Commission") in First Appeal No. 725/2008 dated 29/12/2010.

2. Since both the Revision Petitions arise out of the same order dated 29/12/2010 passed by the State Commission, they are taken up together through this common order. To facilitate easy understanding, the Parties in this order are being referred to as the Complainant, Developer as Opposite Party No. 1 and Owners as Opposite Party No. 2 and Opposite Party No. 3 as arrayed before the District Forum.

3. The Complainant stated that he approached the Opposite Parties and booked Flat No. 305 in 3rd floor of 'Prashanth Heights'. Complainant purchased the flat for a sale consideration of Rs.4,08,000, whereas he paid Rs.4,49,000 in total to the Opposite Party. The Complainant was also forced to enter into another agreement, dated 13.10.1999 with Opposite Party No. l for completion of unfinished flat for which a sum of Rs.91,500 was again demanded. Opposite Party No. l along with Opposite Parties No. 2 and 3 executed a sale deed on 13/10/1999 in favour of the Complainant and at the time of registration of the said flat the Opposite Party collected an amount of Rs.33,000 towards registration fee and expenses.

4. It was the case of the Complainant that the Opposite Party failed to construct the Flat as per the promises made in the brochure and the terms of the Agreement. The Opposite Party did not provide Manjeera water connection, i.e. water connection from Hyderabad Metro Water and Sewerage Board, for drinking purpose. The construction material and wood used by the Opposite Parties was of sub-standard quality, which resulted in leakage / seepage from the roof, walls in the bathrooms and waste water pipes. There were also cracks and water leakages in the bed room walls and kitchen walls. Cracks developed in the doors and frames of the doors due to the inferior wood used by the Opposite Party. The common areas and terrace rights were also not handed over to the Flat owners association. The actual area of the flat handed over to the Complainant was less than 913 sq. ft. The Complainant measured the area of the flat with the help of a Qualified Engineer and it was revealed that the area handed over was 795.91 sq. ft. only including common areas. As per the sale deed, the Complainant paid an excess amount of Rs.52,299 for 117 sq. ft. @ Rs.447 per sq. ft. The Complainant was also not provided with the following amenities as per the Brochure and the Agreement:
(a) No provision was made for the Association office.
(b) No parking place was provided for as per the Multi Storied Building Regulations, 1981, both inmates and visitors or at least as per the agreement.
(c) The Opposite Party has converted and grabbed the common areas like terrace, and the parking area in stilt into six shops and sold it to third parties in violation of the Building Plan.
(d) No provision for generator and generator room and the fire - fighting system; as per Regulations 15 and 7of the Multi - Storied Building Regulations, 1981.
(e) Installation of Dish Antenna is not made as per the specifications made in the brochure.
(f) Water proof treatment for the top - roof leakages for the 5th floor was not made.
The Opposite Party did not complete the painting of main - door, ventilators, bathroom walls and one side wall of the hall. The Op