LT.COL.K.P.VIJAY KUMAR vs SKY TOP BUILDERS

THIS complaint was brought before us by Lt. Col. K.P. Vijay Kumar (Retd.) on behalf of the owners of 32 apartments at Brinda van Apartment, K.P.S. Road, Yadagiri, Mysore, alleging deficiency on the part of the Sky Top Buildes Pvt. Ltd. and Brinda van Apartments, Mysore for not completing the flats according to the promised design and specifications and not providing facilities which were a part of the agreement, to the buyers of the apartments. The cost of the facilities which were not provided and which the complainants wanted was to be at Rs. 33,03,250/- and those of the facilities which needed to be modified/recetified at Rs. 7,40,268/-. Apart from this main prayer, the complainants also sought the direction of this Commission for the refund of the excess amount of the deposit at the rate of Rs. 3,117/- to each buyer such of the apartment owners who paid such charges and also the miscellaneous charges collected at the time of registration at the rate of Rs. 36,200/- to such of the apartment owners who paid these charges. The Sky Top Builders Pvt. Ltd., respondents herein, while denying most of the deficiencies, tried to explain away some of the deficiencies on the ground that as the owners were in a hurry to take possession, some work was left to be done later. However, on the 14th August, 1995 the complainants and the opposite parties agreed that Prof. B.N. Venkatesh Rao, Consultant, Structural Engineer, 425, 8th Main Road, Saraswati Puram, Mysore, a retired Principal of the National Institute of Engineering, Mysore may be appointed as a technical expert to inspect the apartment block in question � Brindavan Apartments, Yadagiri, Mysore and make a report to this Commission as to whether there are any structural or other defects attributable to defective construction in the 32 apartments of the said apartment building belonging to the complainants herein represented before us by Lt. Col. Vijay Kumar (Retd.). An order was passed accordingly by us on that date. We also directed that: "In case there be any defects in those apartments, the nature of the defects and costs, that would, in his opinion, have to be incurred for the purpose of rectifying those defects should also be specified in the report". He was to carry out his inspection in the presence of both the parties by giving them prior intimation of at least one week.

PROF . B.N Venkatesh Rao, the Technical Expert, appointed by us on the agreement of both the parties, gave his report in respect of each flat whose owners are complainants herein, indicating the work required to be done and the expenditure incurred by the complainant for providing some of the basic facilities, in his report dated 31.10.95. He divided the work to be done in two categories namely, (i) the works in common areas, and (ii) the work to be done in individual apartments. The cost of the works to be completed in common areas as detailed in Annexure-1 of his report was put at Rs. 6,97,000/-. We have gone through this list of works as in Annexure-1 of his report very carefully and find the the following items of work need not be done by the Sky Top Builders. ITEM COST Rs. 1,10,000/- 6 Rs. 3,000/- 7 Rs. 20,000/- 8 Rs. 5,000/- Total Rs. 1,38,000/- 3. The cost of these four items of work is at Rs. 1,38,000/-. Deducting this amount from the total cost, the net amount would be Rs. 5,59,000/-for items Nos. 1,2,4,5,9,10,11,12 and 13. We have also scrutinised the cost of work to be done in 27 apartments listed in Annexure-II of the report of Shri Rao which comes to Rs. 2,74,000/-.

AFTER carefully perusing the report of Prof. B.N. Venkatesh Rao and hearing the learned Counsel for both the parties, we direct that the Sky Top Builders shall pay a sum of Rs. 5,44,000/- on account of works to be done in the common areas, Rs. 2,74,000/- for works to be done in the 27 apartments and Rs. 62,237/- for individual water pipe connections from for Kaveri water supply in the flats. Thus, in all, the Sky Top Builders would pay a sum of Rs. 8,80,237/- to the complainants herein.

WE also direct that the title deeds of the flats and no objection letter for installing meters in the flats may be given by him to each of the complainants herein. Amount due to the builder by the complainants, if any, must be paid within 30 days from the date of receipt of this order failing which such amount would carry an interest at the rate of 15% p.a. The amount to be paid by the Sky Top Builders should be given to the flat owners within 30 days from the date of receipt of this order failing which it shall carry the interest at the rate of 15%. We allow this petition accordingly and to the extent of the order as in the preceding paragraphs. The parties to bear their own costs. We had directed for the payment of Rs. 5,000/- to Prof. Rao to meet his initial expenses. We now fix his total remuneration at Rs. 15,000/- of which Rs. 5,000/- has already been paid. The balance of Rs. 10,000/- may be paid to him within two weeks from the date of receipt of this order. This expenditure of Rs. 15,000/- would be shared by the complainants and the respondents in equal shares.