BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.298 OF 2016 AGAINST ORDERS IN CC.NO.549/2014, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

1. M.I.Construction, Promoters & Builders Rep. by its Partners Mohd.Imran Khan, S/o.Asif Khan, aged about 36 years, R/o.1-13/3, A.C.Guards, Hyderabad – 500001.

2. Mir Mazhar Ali, S/o.Late Mir Dost Ali, Aged about 59 years, R/o.1-13/3, A.C.Guards, Hyderabad – 500001.

…… Appellants/Opposite Parties And K.M.Minhajuddin, S/o.K.M.Arifuddin, Aged about 35 years, R/o.3-6-369/A/2, Himayatnagar, Hyderabad – 500 029.

…..Respondent/Complainant Counsel for the Appellants/Opp.Parties : M/s G.M. Mohiuddin Counsel for the Respondent/Complainant: M/s. B. Madhava Reddy QUORUM:

HON’BLE SMT. MEENA RAMANATHAN, IN-CHARGE PRESIDENT &

HON’BLE SRI K. RANGA RAO, MEMBER-JUDICIAL WEDNESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND TWENTY THREE *******

Order : (Per Sri K.Ranga Rao, Hon’ble Member-Judicial)

1. This appeal is filed by the Appellants/Opposite Parties U/s.15 of Consumer Protection Act, 1986 praying this State Commission to set aside the order dated 19.07.2016 passed by the District Consumer Forum-I, Hyderabad in CC.No.549/2014 and consequently dismiss the complaint with exemplary costs.

2. For the sake of convenience, the parties are referred to as they are arrayed in the complaint. The Appellants are the Opposite Parties No.1 & 2 and the Respondent is the Complainant in CC.No.549/2014.

3. The succinct facts of the Complainant are that he is the absolute owner and possessor of the land property bearing No.8-1-297/2/E/11, Plot No.40 and 41, admeasuring 546.66 square yards. The other plots bearing Nos.41, 41, 44, 45, 46 & 47 belong to other land owners. The Complainant and the other land owners entered into a Development Agreement cum General Power of Attorney on 17.02.2008 at Hyderabad for development of their lands into multi storied residential apartments with certain terms and conditions. The land owners including the Complainant and the developer Opposite Parties agreed to share 50:50 of the developed property as follows:

i) Ground Floor - Owners ii) First Floor - Developers iii) Second Floor - Owners iv) Third Floor - Developers v) Fourth Floor - Owners vi) Fifth Floor - Developers

4. The Opposite Parties agreed to complete the multi-storied residential apartments with a period of 24 months with the further grace period of 6 months. But the Opposite Parties could not complete the construction within the stipulated time and they completed construction of the residential apartments and handed over the possession of the respective residential flats to the respective owners in the month of January,2014. The Complainant is in occupation of flats bearing No.G2, G9 and G10 which fell to his share. The Complainant and other owners pointed out certain deficiencies of fittings and fixtures inside the flats while taking over the possession. The Opposite Parties assured to the Complainant that the pending works and all defects, water droplets from the wall sill be completed within a period of one month from the date of delivery of the possession. The Complainant is continuously requesting the Opposite Parties to complete the balance left over work such as fixation of wash basin, taps, sanitary fittings in toilets, bathrooms, hall, kitchen and rectifying the water leakages from the walls in his flats bearing Nos.G2, G9 and G10 but the Opposite Parties failed to attend the same. The water is leaking from the wall due to defective pipeline and sub-standard construction. The Complainant is unable to use his flats nor let out the same for the last one year due to the water leakage problem. The Complainant is incurring loss of Rs.50,000/- per month for the last one year. The several requests made by the Complainant to the Opposite Party would be of no use. The Complainant further submits that the defective pipeline and water connection between the flats and the adjacent flats, resulting in