Court notice to builder on plea alleging deficient service

Amol Talekar and others had moved the district court as a lower court had declined to pass ad-interim injunction and notice to the builder.

Written by Express News Service | Published: August 29, 2012 4:27 am

Amol Talekar and others had moved the district court as a lower court had declined to pass ad-interim injunction and notice to the builder

District judge S D Tekale has issued notice to a builder asking why an injunction should not be granted in favour of appellants (complainants) who had alleged deficient service.

The judge issued the notice after 25 persons,recently moved the Pune civil court against Kumar Developers alleging deficiency in service pertaining to its upcoming project Kumar Shantiniketan — Phase II on Pashan-Sus Road.

“The civil suit was filed as the plan of the project was changed,reducing the flat area reasonably and changing location of the building,” said advocate Vinayak Abhyankar,counsel for the 25 applicants.

Amol Talekar and others had moved the district court as a lower court had declined to pass ad-interim injunction and notice to the builder.

The flat owners also stated in their complaint that there was a two-year delay in commencing the construction.

The work was supposed to begin in 2009.

Abhyankar said the project was delayed and the builder was allegedly demanding the difference of escalated cost from the consumers,which according to them is unreasonable.

The judge in his order dated August 14 stated,“Considering all these facts,one thing is clear that there were previous agreements between respondents (builder) and the appellants as well as other flat purchasers. In such circumstances,if respondents are allowed to terminate the contract unilaterally and allowed to create third party interest,the purpose of the suit will be defeated.”

When contacted,Lalit Kumar Jain,the chief managing director,Kumar Urban Development Ltd said,“We shall represent ourselves in the court after we get a copy of the notice.”

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