HON’BLE MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

1.      The complainant/respondent, owner of site measuring 599 sq. yds. in RS No. 31/2 in Patamata Lanka, Vijayawada entered into an agreement with the petitioners for development of the said land by construction of apartments to be shares between the parties.  A registered Power of Attorney-cum-Development Agreement was executed between the parties on 12.04.2007 in their respective obligation.  As per the said agreement, the petitioners were to construct 10 flats, out of which 6 flats were to come to the share of the petitioners whereas remaining 4 flats were to go to the share of the respondent/complainant. The possession of the flats was to be completed by 12.07.2008.

2.      The case of the complainant/respondent is that the possession of one flat was delivered to her on 25.07.2009 followed by delivery of possession of second flat on 01.05.2010, possession of third flat on 15.06.2011 and the possession of the fourth flat on 05.08.2011.  As per the agreement between the parties, the petitioners had agreed to pay compensation @ Rs. 5 per sq. ft. per month, for the period the possession was to get delayed.  According to the complainant, the petitioners were liable to pay Rs. 656534/- as compensation on account of the delay in handing over possession of the flats.  The complainant has also alleged deviations and defects in the construction raised by the petitioners. The complainant also alleged that the petitioners had failed to provide solar water heating system to her despite being under an obligation to provide the said system. Being aggrieved from the aforesaid acts and omissions of the petitioners, a Consumer Association approached the concerned District Forum on behalf of the owner Smt. Garikipati Vijaya Lakshmi, referred to as the complainant seeking the following reliefs:

a. To pay the compensation for the delayed period in handing over of the flats estimated at Rs. 6,56,534/- with 24% rate of interest.

b. To provide the generator (for 10 flats) as held out by them to the complainant,

c. To replace the inferior and broken marbles of shady quality affixed on the flooring of flats allocated to the complainant with good ones of standard quality,

d. Erecting of cooking platforms with granite top with built in sink,

e. Affixing tiles dodo,

f. Repair plastering cracks in the walls,

g. Repair leakage of water in the bathrooms,

h. Replace the substandard tiles and

i. To provide solar water heating system to conserve energy and file system,

j. To provide three phase current to the ground floor flat of the complainant,

k. To provide the drinking water facility in the kitchen area,

l. To provide the flush tank (one for each flat for three flats) and to pay costs of the complaint.

3.      The complaint was resisted by the petitioners who alleged that the delay in delivery of possession of the flats had occurred due to litigation between Smt. Garikipati Vijaya Lakshmi on whose behalf the complaint has been filed by