Progress of this case since the Judgment of DKD CDR Forum on 15-10-2009

After the judgment dated 15-10-2009 at DK-DCD-R Forum Mangalore, builder started dismantling the unfinished GF office with one or two labourers. Other works mentioned in the judgment was not even started / done till date. For DOD, he has not produced all the necessary documents to the lawyer. We were keeping a watch on the website http://kscdrc.kar.nic.in/ . Our builder has appealed in the higher court at KSCDR Commission Bangalore against the judgment we got this news on 16-11-2009. At KS CDR Commision gave its judgment on 23 September 2010. Builder's appeal is dismissed.

This DKDCDRF judgment has been confirmed by the KS-CDR Commission at Bangalore as "JUST and PROPER"

Builder's appeal at National Consumer Disputes Redressal Commission has been dismissed at the admission stage and confirmed that "the compensation granted is proper and flat owners have been harassed for over number of years." Hence builder should accept the judgment gracefully or he must face the consequences for not adhering to the judgment. Builder never approached us for any concession before this date.

Arrest warrant was issued by DKDCDRF. Builder surrenders on the last day at DKDCDRF. Builder promises to work out compromises. He never contacted us with clean proposal. He was trying to push for us to agree to include PENT HOUSE and 4 extra car parks in the DoD. We are not ready to accept any illegal thing in our building for the DoD. Personal data of the flat buyers in the draft submitted by builders lawyer was not accurate. Compiling the flat owners details accurately is the responsibility of the Builder. Hence there was no progress on drafting of DoD.

Builder started external painting, completed half of the work and stopped without painting on the eastern and southern side of the building. During the ADALAT session on 23-02-2011, Hon. Judge asked the builder to complete the work as stated in the DKDCDRF judgment. Builder wanted two more months to complete the work. Hon. Judge asked to report progress after one month 23-03-2011. See the ADALAT report of 23-02-2011

DKD CDRForum - ADALAT SESSION on 23rd February 2011.

Present from our side: Mr.Anand Rao, Mr.Prabodh C. Bolur, Mr.Rajesh Shenoy, Mr.Manish Dugar, Mr.Thalithaya, Ms Manjula advt.

Present from OP: Mr.Ganesh Shetty, (Builder) Mr.Dayanand Rai Advt.

Preamble: DKD-CDR Forum's judgment dated 15-10-2009 confirmed wrong-doings of the builder. This judgment has been confirmed by the KS-CDRCommission at Bangalore as "JUST and PROPER" and builder's appeal at National Commission has been dismissed at the admission stage and confirmed that "the compensation granted is proper and flat owners have been harassed for over number of years." Hence builder should accept the judgment gracefully or he must face the consequences for not adhering to the judgment. Builder never approached us for any concession before this date.

Issues discussed with Hon. Judge Smt. Asha Shetty & two other Forum Members at DKDCDRForum.

• Hon. Judge Smt. Asha Shetty was in chair, moderating the discussion. She asked about the progress in our effort.
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• Builder said he had painted the building, Obtained Door number and Car-park marked & allotted.
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• We informed that painting is incomplete as half the side of external walls are not painted. When he disputed that earlier two coates of paint were given. We produced commissioner's report indicating that painting of only one coat of primer and one coat of paint was applied.
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• We understand from MCC, that temporary door number with heavy penalty is provided to the builder which not even shown to us. We need permanent door number with out penalty.
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• Builder said that most of the buildings are not given door number. Judge said she knew that number of building were given door numbers. Obtaining door number is builders responsibility.
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• We agreed that car parks are marked, but 40 car parks are alloted. We insisted that only 36 car parks are permitted. Judge wanted it to confirm to the approved drawing.
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• We informed the judge that we do not want any illegal things in our building which may become problematic for us in future.
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• Builder's lawyer informed that he has been paying electricity bills totaling Rs.10 lakhs. We produced our calculation for delayed delivery, excess amount with interest and compensation with interest. This works out to Rs 52 lakhs. This must be sorted out.
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• Builder's lawyer said they have entrusted the work of DOD to our lawyer Mr.Kini. And wanted him to be present. We said that complete basic data about the flat owners should be compiled by the builder with acceptable drawings of car park then only DOD work can progress.
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• We informed that LT electric meter should be in our name instead of HT meter in Builder's name. Builder informed that he already applied for LT meter connection and paid the fees also. It seems builder is not following up with MESCOM.
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• Judge said builder has to complete the unfinished work and read out the points of judgment and asked how much time is required. Builder asked for 2 more months time. Judge will review the progress on 23th March 2011.
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• On 23rd March 2011, at DKDCDR Forum, Builder gave memo indicating that DOD is signed, Car park slots are marked, Interlock flooring at car park done, External Painting is 75% complete, Door number is given, etc and asked for two more months to complete. Forum will hear next on 23rd May 2011. If all pending work is not completed by then, day to day hearing of progress will be held till the conclusion of the case.