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BEFORE THE TELANGANA sTATE CONSUMER DISPUTES
REDRESSAL COMMISSION: HYDERABAD.
FA.NO.582/2019
AGAINST ORDERS IN CC.NO.154/2018ON THE FILE OF
DISTRICT CONSUMER COMMIsSION-III, HYDERABAD
Between:
M/s. Pavan Structures,
Rep by its Ex- managing Partner
Sri.V.Madhu (Madhukar), S/o.V.Rajamouli,
Aged: 51 years, Occ: Business,
R/o: 6-3-661/4/401, Rekha deluxe Apartment,
Sangeet Nagar, Somajiguda, Hyderabad.
Appellant/Opposite Party.No.2
And
1. Mr. Ch.Ashok Kumar,
S/o. Late Manakiah,
Aged: 64 years, Occ: Retired Employee.
2. Mr.Ch.Sai Kumar,
S/o. Ch.Ashok Kumar,
Aged: 33 years, Occ: Private Employee.
Both Parties are residents of
Flat.No.402, Suvarna Nagender Residency,
H.No.8-2-327 & 328, Street No.2,
Shivajinagar, Secunderabad.
Respondents 1 &2/
Complainants 1 & 2
3. Suvarna Nagender residential Flat
Owners Welfare Association,
Rep by its President A. Laxman Rao,
R/o Flat No.202, Suvarna Nagender Residency,
H.No.8-2-327 & 328, Street No.2,
Shivajinagar, Secunderabad.
.Respondent No.3/
Opposite party No. 1
Counsel for the Appellant/Opposite party No.2: M/s. A.Venkatesh
Counsel for the Respondents/Complainants/
Opposite Party Nol: Ms.J. Saritha-R1&2
QvORUM: HON'BLE SRI V.V.SESHUBABU, MEMBER
&
HON'BLE SMT R.S. RAJESHREE, MEMBER
FRIDAY, THE SIXTEENTH DAY OF NOVEMBER
TWO THOUSAND TWENTY TWo
***k***
(Per Hon'ble Smt.R.S.Rajeshre e, Member-Non -Judicial)
Order
This Appeal is filed by the Opposite party No.2/Builder u/
1. U/s
15 of Consumer protection Act, 1986 against the judgment and
order by the District Consumer Forum lI1, Hyderabad vide order
dt.15.11.2018, whereby the District Forum has passed the
following order:
In the result the complaint is allowed in part with the
following terms:
The opposite parties are directed jointly and severally to
pay the complainant a sum of Rs. 1,61,000/-.
The complainant is directed to settle the issue by
appointing an expert to arrest the leakages from the
terrace area and carryout necessary works under the
supervision of an expert Engineer or the Association
(Opposite party No. 1).
The opposite parties are also directed jointly and
severally to pay costs of Rs.5,000/-.
Time for the compliance is 30 days only.
2. For the sake of the convenience the parties are arrayed as in
the original complaint i.e., as complainant and the opposite party.
3. The grievance of the complainant is that, the opposite party
No.2 who is the builder has undertaken to construct multi storied
apartment under
the name and
style "Suvarna
Nagender
Residency" at premises bearing No.8-1 -327/328 situated at Shivaji
Nagar, Secendarabad and sold the same to the prospective
purchasers, and the complainant with an intention to purchase a
flat, had purchased flat no.402 on 3rd floor in a semi fînished
condition on 30.08.2007 and the sale deed was executed to that
effect. But the opposite party had not completed the construction
in all respects by maintaining the standards of construction, hence
the total building has been leaking from the terrace. Apart from
that the members of opl are using the terrace and the cellar and
car parking area for their personal functions such as birthday,
pooja, engagement functions etc., and due to which a large amount
of water is being poured on terrace and as the terrace is of inferior
quality the same is leaking and the water is seeping into the walls
of the flat that is occupied by the complainant which is not only
etfecting the complainants flat but also the whole structure of the
building due to which the flat of the complainant was damaged
badly.
4. And that as per provisions of AP Apartment Act, it is the duty
of the opposite party No.2 to maintain the residential complex for a
period of three years and after that to coordinate with the all other
1lat owners and undertake any repairs for the common area
continuously and as per Sec-9 (3) of AP Apartment Act all the
apartment owners are supposed to use the common area without
