The Hindu 30.03.2010
Consumer Forum strikes down demolition order
Raghava M.
| It does not come under our purview, says State-level forum |
Association can only sue for deficiency of service
‘Approach Mangalore City Corporation on building plan violation'
BANGALORE: The Consumer Protection Act permits an occupant of a building constructed in contrary to the approved plan to claim damages against the builder. But directions cannot be issued under the Act for removal of the illegal construction.
The Karnataka State Consumer Disputes Redressal Commission held this while turning down the judgment of the Dakshina Kannada District Consumer Disputes Redressal Forum, Mangalore passed against Siraj Ahmed, promoter and constructor of multi-storied residential apartment “Inland Elite” in Mangalore.
In its decision of March 1, the Commission said: “Under the Consumer Protection Act directions cannot be issued for removal of illegal construction put up by OP 1 (the promoter and constructor) contrary to the approved plan.”
The apartment owners' association, the commission said, “can succeed to claim compensation for causing deficiency in service to the apartment owners and it cannot seek direction of the District Forum for removal of such encroachment etc”.
Before the District Forum, the apartment owners association contended that the promoter and constructor did not furnish the owners the plans approved by the Mangalore City Corporation at the time of execution of agreements of sale and sale deeds.
The promoter built a penthouse in violation of building licence referred in the Deed of Declaration. The penthouse encroached upon 1,445 sq ft of the declared terrace area of 3,749 sq ft. The penthouse had deprived them of the legitimate common area.
The penthouse had to be sold to Amrith Nayak, who had sold the same to Arun Shetty.
The builder was accused of creating 23 car parking slots on the basement of the buidling. He was accused of failing to rectify the defects in the electrical installations pointed out by the MESCOM.
The District Consumer Forum had directed the builder to demolish the illegal construction put up on the terrace and on the basement. It had asked the builder to comply with the defects pointed out by the MESCOM.
Approach MCC
The State Commission members comprising president K. Ramanna, T. Hariappa Gowda and Rama Ananth said the apartment owners' association can move the Mangalore City Corporation for removal of illegal construction.
It remitted the matter back to the District Forum for reconsideration.
