Forum orders builder to pay residents association over Rs 19 lakh for unfinished work

CHENNAI:A builder has been directed to pay Rs 19.9 lakh to a resident welfare association towards rectification of the unfinished work in the project. District Consumer Disputes Redressal Forum, Chennai (North), in its recent order, directed Antony Projects to pay the Pallazo Apartment Residents Welfare Association at Medavakkam the amount.

Antony Projects had agreed to develop the land belonging to Vardhaman Construction & Investments and one R Sendhil by constructing flats called Antony Pallazo. The complainant’s association members agreed to purchase 30 flats from the developers and accordingly the purchasers entered into a sale-cum-construction agreement with them on February 11, 2012.

The developers had allegedly not completed the project in time and while the association members were in possession of their respective flats, the complainants said the developers  had not completed a lot of work including fixation of lifts in certain blocks, building of an airconditioned gym, power backup and supply, construction of a compound wall, putting up a water tank and sump motor, and completion of painting.
The complainant association engaged civil engineer  S Manivasakan, who had surveyed the unfinished work  and amenities in the project and estimated that Rs 19.9 lakhs would be required to complete the pending work.

“From the available evidence and the documents, the complainant proved that the opposite parties have not completed the entire work as stated by the complainant and hence, it is held that the opposite parties have committed deficiency in service,” the District Consumer Disputes Redressal Forum, Chennai (North), presided over by president K Jayabalan, said on May 29. “The complainant’s association claimed a sum of Rs 19,95,400 to rectify the defects or finish the left-out work by the opposite parties. Therefore, it would be appropriate to direct the opposite parties to pay the said amount of Rs 19,95,400 to the complainant.”

Developers cite delay of installments
The developers on their part said that some of the purchasers had not paid the instalments and some were yet to pay the due of Rs 5 lakh. “The opposite parties have completed gym and only minor equipment is to be landed,” the developers said. Further the material costs were escalated and sale considerations were not paid and therefore the complaint is not maintainable.” The forum said the developers had not filed their proof affidavit in spite of being given several opportunities and hence were set ex-parte