Court-3 APPEAL NO. 703 of 2014 Dt: 22.04.2022

1. M/s. Shivalik Enterprise Village: Vesu, Tal: Surat, Dist: Surat.

2. Madhukarbhai Parsottambhai Patel Hanipark Society, Hanipark Road, Adajan, Surat.

3. Hirabhai Hajabhai Chauhan Plot No. 664, Karmyogi, Behind Police Colony, Society 2, Gujarat Housing Board, Pandesara, Surat. …Appellants Vs.

1. Nimesh Rameshbhai Parmar B-402, Shivalik Hights, Near South Gujarat University, Udhna Magdalla Road, Surat.

2. Vinita Nimeshbhai Parmar B-402, Shivalik Hights, Near South Gujarat University, Udhna Magdalla Road, Surat. ...Respondents Appearance: Mr. M. K. Dudhiya, Ld. Advocate for the appellants Mr. D. U. Thakkar, Ld. Advocate for the respondents Coram: (Shri S. N. Vakil, Judicial Member)

(Ms. P. R. Shah, Member)

Order by Shri S. N. Vakil, Judicial Member

1. This is builders’ Appeal.

2. The Complainants – Nimesh Rameshbhai Parmar and Smt. Vinita Nimeshbhai Parmar, respondents hereof filed Consumer Compliant No. 414 of 2010 with CDRF, Surat (Addl.) against the M/s. Shivalik Enterprise, Madhukarbhai Parsottambhai Patel, Hirabhai Hajabhai Chauhan, Jayprakash Ambalal Vanza, Ritesh Arvindlal Ghivala alleging that the opponents have developed Shivalik Hights Maltistorage Building consisting of Type A and B Apartments on survey No. 45/2 TP Scheme 1 (Vesu) final Plot No. 72 Dist. Surat the sale deed whereof has been registered with Sub Registrar Office No. 7331; published and distributed literature and also gave advertisement in newspapers. It has been mentioned in the pamphlets to provide facility of Steam bath, Game room, Club house, Automatic Lift of Superior quality, Garden, Fountain, water and drainage etc. of Suda/SMC. The complainant purchased flat No. 902. The opponents have not constructed as per the advertisement and have not obtained municipal water connection and drainage connection hence there develops Dirt around the apartment. The opponents are liable to provide all these facilities but despite various representations, they have not provided it. The opponents were to make arrangements for Suda/SMC water and Borewell, which they have not done. Therefore the complainants have to obtain the facilities of drinking water, drainage and other basic facilities. The opponents have represented to construct according to Rajachithhi, and plan and have informed the complainant that they will provide club house on second floor of the Shivalik Hights. But they have now started making shops, in place of club house, against approved plan and have installed iron stair- case to the shops from outside of the apartment. They have thus shown deficiency in service and unfair trade practice. They have also not used better quality tiles in flooring and all the materials used were of low quality, have not provided attractive miandoor and provided low quality flush door. Concealed electric fitting and plumbing are of done inferior quality and thereby leakage occurs from the concealed pipe and plumbing pipe, whereby also the apartment is getting damaged from outer of the building; instead of using double coat plaster with water proof cement, they have used low quality lime and colour whereby in each flats there are cracks and dampness. They have not provided facilities of parking to each flat holders nor have provided that of steam bath, game room, club house facility, garden and fountain, modern reception, superior quality automatic lift and playing instruments for children to flat holders. Further they have not made any procedures to obtain Suda/SMC water and drainage connection and have also not obtained B.U. permission. For this deficiency the complainants will have to spend much amount whereby the complainants have suffered economic loss. For this the opponents are liable to pay Rs. 5 lakhs for special damages. The opponents have despit