THE STATE Consumer Disputes Redressal Commission has directed the Maharashtra Housing and Area Development Authority (MHADA) to pay four residents of a Shivaji Park building Rs 30,000 each towards compensation and cost for reasons including not carrying out necessary repairs and executing inferior quality of work leading to leakages.
The order passed last week by Justice AP Bhangale and Member A K Zade while hearing an appeal filed by the residents and MHADA against a previous appeal passed by the Central Mumbai Consumer Disputes Redressal Forum in 2005. The Commission held that the opponents, including MHADA, Mumbai Repair and Reconstruction Board and two others, are “held responsible for deficiency in service”.
As per the order, the residents of Ojas building in Shivaji Park decided to repair the building in 2003. The residents submitted that repair expenses were charged from all members and the repairs were carried out. The residents submitted to the Commission that the repair work was of “very inferior quality” leading to leakages in rainy season from the slab, kitchen, staircase, gallery, bedroom and other places. The complainants submitted that the situation had become such that it was impossible for them to stay in the premises. In the 2005 order by the District forum, the opponents were directed to jointly or severally execute the work of water proofing to curtail the leakages.
In the appeal, the residents sought for additional compensation of Rs 80,000 along with damages for the continuous leakage for nine years.
“As regards the compensation for damages done to the premises and continuing the said premises in the condition of bad repairs and bad condition with so many leakages and defects, we find that the compensation demanded by the Complainant as per para 7 of the complaint as Rs 15,000/- per Complainant is reasonable and not excessive and we find the same needs to be granted,” the Commission said.
It said that the compensation was for the damages done to to the premises, for continuing the incomplete repairs, not carrying out the necessary repairs and executing the repairs by very inferior quality of work leading to severe leakages in various parts of the building along with other defects.