Udupi: The members of Eden Heritage Residential Apartment Owners Association have filed a suit in the Consumer Court seeking action against the builders for violating the agreement norms. Victor Almeida, President of EHRAOA, in a press meet held at the Press Club here on July 7 said that the builders have utilized the ground floor space for commercial purpose without honoring the contract which proposed for the construction of a gym, party hall and library.
Retired Registrar Shanker Poojary said that the builders Daisy Monteiro and John Patrick Lewis had promised to construct a party hall, gym and a library in the ground floor as per the contract but have constructed two offices for commercial purpose. The builders had mentioned that the ground floor space is meant only for gym, library and party in the Deed of Declaration sworn and executed before the sub-registrar.
There are 42 flats in which 41 are occupied. The EHRAOA had filed an appeal with the City Municipality Commissioner over the issue and he has directed the builders to construct the gym, party hall and library as mentioned in the contract. But the builders are granted with the door numbers for the offices constructed in the ground floor, thus violating the law.
Shanker said that the facilities proposed in the Deed of Declaration should be facilitated. He also said that the EHRAOA has filed an appeal in the Consumer Court seeking justice.
Nelson Louis and others were present in the pressmeet.
When mangalorean.com contacted co-builder John Patrick Lewis, he said that no norms were violated as per the Deed of Declaration. The gym and other facilities were extended as per the Deed of Declaration. He also said that the President of EHRAOA was spoiling their image by making baseless allegations.
Most of the builders go against the deed once they have the money in hand and the flat is been handed over. I think the residents have taken a very good step, which would a lesson to other builders also. I encountered same issue while I brought a flat from one of the prominent builder in M’lore. When all the residents told him that we would go to the court of law, he had no other way than to honor the deed and construct the facility. They only give reasons of extension and so on, but if one keeps quiet, then it is never going to happen and the builder shall be one happy man, living the residents in misery. Though bit expensive, it is always better to buy ready for pocession appartments, as one can see the property and its arrangements and then decide whether to go ahead or no. Buying the property at the ground breaking level is good, but at the end we encounter with issues.