Forum rejects tower residents’ complaint against building plan ‘change’

Written By Unknown on Rabu, 04 Desember 2013 | 22.23

MUMBAI: A consumer forum on Tuesday dismissed a complaint lodged by residents of a Parel highrise, seeking action against the builder on the grounds that the height of the porch outside their towers was a security threat and that the structure differed from the one shown in the building plan at the time of the purchase of the flats in 2004.

"The evidence on record is not sufficient to show the deviation from the original plan. Therefore, the complainants are not entitled to the relief claimed," the forum said.

In 2011, three residents lodged a complaint before the Central Mumbai District Consumer Disputes Redressal Forum against Peninsula Land Limited. They claimed the entrance to each tower was supposed to be through a small canopy porch but before taking possession of their flats in 2010, they noticed that a massive structure had been built instead of the porch. The structure was so huge that it came in front of the drawing rooms and bedrooms. In October, 2010, they claimed, there was a robbery in the complex and the structure a security hazard. They added the builder's management was requested to review the situation but there was no response. In January, 2011, the management reportedly refused to accept there was any deviation from the original plan.

The three complainants claimed the original plan said the height of the porch was 4m, width 2.5m and the length 8.84m. But the amended plan of 2009 showed the height as 6m, width 4m, and the length 18.5m, they claimed. Besides urging that the structure be restored to the original size, they also claimed a compensation of Rs 17 lakh for mental agony caused to them.

Denying the allegations, Peninsula Land said the robbery was committed by the driver of one of the residents. They maintained that there was no difference in the 2004 plan and that of 2009.

The forum said there was no evidence on record to show the change in the plan approved in 2009. "It is not disputed that the canopy porch is built according to the BMC-approved plan," it said.

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