Syed Abdullah - (1.)The appellants are the opposite parties 1,2 and 4 in CD 51/2004 on the file of the District Forum, Nellore against whom an order was passed directing them to hand over the rooms intended for reading room, recreation room and gym room and to provide all the amenities as mentioned in Ex. A-1 brochure, also directed to pay compensation of Rs.2,000/- with interest at 9% pa and costs.
(2.)Aggrieved by the impugned order, this appeal is filed questioning the legality and propriety of it and sought it to be set side as erroneous.
(3.)The brief facts of the case are that the complainant is an association of all the flat owners who formed themselves as Arpita Villa Apartments. The opposite parties are the promoters and vendors of the said apartments developed flats on plot no. 17-22, Red Lands, Dargamitta, Nellore and then sold flats to the purchasers by executing sale deeds 40 flats were built on four floors. Except two in the fourth floor, the remaining 37 flats were sold. The opposite parties have published brochures stating that the flat owners are provided with amenities. As well, recreation facilities such as reading room/recreation room, Gym room etc. Recreation/reading room was handed over to the association initially. At that time, the first opposite party was the president of the association who leased out the same to his son B. Naresh Chandra Reddy, OP.2, who is storing building material in it. OP 2 is one of the promoters and Managing Partner of OP 5 who is in unlawful possession of the reading and recreation rooms. The Gym room was not handed over to the association. The opposite parties are contemplating to convert the said Gym room into a flat and sale the same and coming to know of it, the complainants association published the news in Zamin Ryot Newspaper on 28.03.2003 and in Eenadu on 25.03.2003. A notice was also issued to the opposite parties. In the original plan, only two flats G1 and G2 were shown in the stilt level and the room adjacent to G1 flat is earmarked for Gym. But at a later stage, the said room was earmarked for recreation/reading room. The opposite parties sold flat no. T3 in favour of Naidu Lakshmi Narasimha Reddy. In the sale deed, reading/recreation room was shown as flat no. G3 by increasing total number as 41 as against 40 flats. Thus, the plan was changed by the opposite parties. Builders cannot make additional alterations without consent of flat owners. Non-providing of amenities as per the brochure amounts to deficiency in service.