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MANGALORE: The DakshinaKannada Consumer Disputes Redressal Forum has directed a builder and the promoter of an apartment at Kodialguthu here to pay a compensation of Rs 25,000 each to the residents for deviation of contract terms and failing to provide amenities assured in the agreement while booking the flats.

Asha Shetty, forum president, observed that the builder, Ganesh Shetty, had indulged in unfair trade practices, deficient service, failure to provide legal documents to the residents and deviated from the approved building plan and violated the licensing terms and conditions. The president also noticed there was considerable delay in handing over the possession of the flats (Ananya Apartments) and that the builder failed to regularize the illegal construction.

The residents of Ananya Apartments frustrated by the poor quality of construction and absence of amenities as promised filed a complaint against the builder, Shetty. The case was admitted under Section 12 of the Consumer Protection Act 1986 alleging deviation from building license terms which was illegal such as extension of floor area, incomplete compound wall, insufficient parking facility, absence of watchman quarters, poor quality wiring and electrical fittings, water supply and drainage problem and absence of intercom facility, poor flooring, paints, absence of gymnasium facility etc.

The forum after detailed verification and discussions, passed an order in favour of the residents directing the builder to repair and rectify all the defects in the building and provide completion certificate and permanent door numbers to the residents within three months. The occupants were also entitled to a relief of Rs 25,000 each as compensation in addition to the litigation cost of Rs 2,000. The forum directed the builder to refund the excess service tax and VAT collected, which has to be paid within 30 days from the date of the order. Naveen Bannitaya, advocate, argued on behalf of the residents.