RESIDENTS TAKE ERRING BUILDER TO THE COURT
Buying flats for up to Rs 2 crore in upmarket Bodakdev has brought a host of problems to 38 owners; they have approached the court after Vastrapur police allegedly refused to file complaint against the builder
Yogesh Avasthi
Posted On Friday, March 28, 2014 http://www.ahmedabadmirror.com/article/2/2014032820140328024438359a5fa8f2e/RESIDENTS-TAKE-ERRING-BUILDER-TO-THE-COURT.html
Feeling shortchanged by their builder and betrayed by cops, about 40 flat owners in Bodakdev have approached Gujarat High Court to direct the police to file their complaint. The High Court, in turn has asked them to go to appropriate court for redressal. Houses worth crores of rupees in Pearl-36 residential complex in the upmarket neighbourhood did not bring a hassle-free, comfortable living to 38 people as they had expected.
It is not even a year since they bought these houses paying up to Rs 2 crore, and they are facing problems like moisture seeping through walls, plaster and floor tiles coming out, inadequate parking space, poor lift facility, and many more. Residents have even placed banners outside their houses, alerting prospective buyers to the fact that they have filed complaint against the builder for poor quality of civil work.
The breach of trust has pushed these flat owners to file a petition against the builder in Gujarat High Court after attempts to take help from the police force proved futile as they (police) never lodged FIR against the accused despite a police commissioner’s circular for such cases. “We approached Vastrapur police, but they never filed an FIR. We had no option but to approach High Court,” said society Secretary Amrutlal Ardeshana. The society members had also tried to approach AMC but with no success. “Builder Virendra Patel has failed us. Despite repeated requests by residents to act on his promises, he never delivered,” Ardeshana said. The High Court disposed of the petition asking the society members to approach the lower court.
WEAK CONSTRUCTION
The residents say that the builder failed to deliver what he had promised to them. Many things do not match what had been shown in the brochure. Assurances on adequate parking space and general amenities have been violated. Society members got three tests done to ascertain the quality of materials used in construction. The construction failed all three tests. “We got rebound hammer test, ultrasonic pulse velocity test and cement concrete cores test done in February this year. Many parameters in these tests showed that the construction work was not up to the mark,” said Ardeshana. “The strength of RCC beams, columns and slabs are very poor, much below the IS standards. The structure cannot withstand even a minor earthquake. This is proved through these tests,” he added.
TILES, PLASTER COMING OUT
The petition states that floor tiles are not proper. They are uneven and of poor quality in most flats. Many tiles are broken and could lead to injury to residents and visitors. Besides, moisture is seeping through walls, resulting in plaster coming out. Each resident was promised parking space for two cars. However, not enough space has been provided, causing inconvenience to the residents and visitors, they say.
Ten rooms for drivers were to be built, but they were not built. The four lifts installed in the buildings are of very poor quality and on a number of occasions residents, including children, senior citizens and women, have got trapped inside them. Besides, the stated capacity of each lift is up to five persons. However, not more than three persons can practically travel in a lift. Several parts of the building have been sold out in violation of the letter and spirit of the brochure contents. The area earmarked as senior citizens’ corner has been sold, the residents claim. Besides, the ground floor flat owners were made to purchase the common parking space.
RESIDENTS VOICE DISCONTENT
Bhartiben Patel, who owns a flat, said, “Moisture is seeping through the wall in our bedroom. We had got wooden flooring done recently and it got damaged. Walls have also got spoilt due to seepage of moisture. Natubhai Bharwad, another resident, said, “We tried to meet the builder (Virendra Patel) several times. But he did nothing. So, we were forced to approach the police. However, Vastrapur police did not take our complaint, so we had to go to High Court.”
ALL DEMANDS MET: BUILDER
When contacted, Patel said, “We have done all the work properly. In October, some members had filed a case against me with mala fide intention to harass me. Yet whatever they asked for, I provided them with.” Patel claimed that there was no case in High Court. “Some members are levelling false allegations against me. I have gone the extra mile by fulfilling their demands.“ On residents putting up banners highlighting the poor quality of civil work, Patel said, “They are blackmailing me. If you believe what they say -- that they have gone to the High Court, the police commissioner or the consumer forum -- then how come I have not received communication from these authorities? They are damaging my image with mala fide intention.”
Yogesh Avasthi
Posted On Friday, March 28, 2014 http://www.ahmedabadmirror.com/article/2/2014032820140328024438359a5fa8f2e/RESIDENTS-TAKE-ERRING-BUILDER-TO-THE-COURT.html
Feeling shortchanged by their builder and betrayed by cops, about 40 flat owners in Bodakdev have approached Gujarat High Court to direct the police to file their complaint. The High Court, in turn has asked them to go to appropriate court for redressal. Houses worth crores of rupees in Pearl-36 residential complex in the upmarket neighbourhood did not bring a hassle-free, comfortable living to 38 people as they had expected.
It is not even a year since they bought these houses paying up to Rs 2 crore, and they are facing problems like moisture seeping through walls, plaster and floor tiles coming out, inadequate parking space, poor lift facility, and many more. Residents have even placed banners outside their houses, alerting prospective buyers to the fact that they have filed complaint against the builder for poor quality of civil work.
The breach of trust has pushed these flat owners to file a petition against the builder in Gujarat High Court after attempts to take help from the police force proved futile as they (police) never lodged FIR against the accused despite a police commissioner’s circular for such cases. “We approached Vastrapur police, but they never filed an FIR. We had no option but to approach High Court,” said society Secretary Amrutlal Ardeshana. The society members had also tried to approach AMC but with no success. “Builder Virendra Patel has failed us. Despite repeated requests by residents to act on his promises, he never delivered,” Ardeshana said. The High Court disposed of the petition asking the society members to approach the lower court.
WEAK CONSTRUCTION
The residents say that the builder failed to deliver what he had promised to them. Many things do not match what had been shown in the brochure. Assurances on adequate parking space and general amenities have been violated. Society members got three tests done to ascertain the quality of materials used in construction. The construction failed all three tests. “We got rebound hammer test, ultrasonic pulse velocity test and cement concrete cores test done in February this year. Many parameters in these tests showed that the construction work was not up to the mark,” said Ardeshana. “The strength of RCC beams, columns and slabs are very poor, much below the IS standards. The structure cannot withstand even a minor earthquake. This is proved through these tests,” he added.
TILES, PLASTER COMING OUT
The petition states that floor tiles are not proper. They are uneven and of poor quality in most flats. Many tiles are broken and could lead to injury to residents and visitors. Besides, moisture is seeping through walls, resulting in plaster coming out. Each resident was promised parking space for two cars. However, not enough space has been provided, causing inconvenience to the residents and visitors, they say.
Ten rooms for drivers were to be built, but they were not built. The four lifts installed in the buildings are of very poor quality and on a number of occasions residents, including children, senior citizens and women, have got trapped inside them. Besides, the stated capacity of each lift is up to five persons. However, not more than three persons can practically travel in a lift. Several parts of the building have been sold out in violation of the letter and spirit of the brochure contents. The area earmarked as senior citizens’ corner has been sold, the residents claim. Besides, the ground floor flat owners were made to purchase the common parking space.
RESIDENTS VOICE DISCONTENT
Bhartiben Patel, who owns a flat, said, “Moisture is seeping through the wall in our bedroom. We had got wooden flooring done recently and it got damaged. Walls have also got spoilt due to seepage of moisture. Natubhai Bharwad, another resident, said, “We tried to meet the builder (Virendra Patel) several times. But he did nothing. So, we were forced to approach the police. However, Vastrapur police did not take our complaint, so we had to go to High Court.”
ALL DEMANDS MET: BUILDER
When contacted, Patel said, “We have done all the work properly. In October, some members had filed a case against me with mala fide intention to harass me. Yet whatever they asked for, I provided them with.” Patel claimed that there was no case in High Court. “Some members are levelling false allegations against me. I have gone the extra mile by fulfilling their demands.“ On residents putting up banners highlighting the poor quality of civil work, Patel said, “They are blackmailing me. If you believe what they say -- that they have gone to the High Court, the police commissioner or the consumer forum -- then how come I have not received communication from these authorities? They are damaging my image with mala fide intention.”
