Architects and structural engineers can no longer remain
aloof when it comes to owning responsibility for unauthorised
constructions, and can be hauled up if they fail to discharge their bounden
duty. The Maharashtra State Consumer Disputes Redressal Commission upheld an
order of a city consumer forum directing architect Anil Jalgaonkar and
structural engineer RD Magdum to refund
the fees received from Goregaon resident Ganesh Shinde, who hired them for
constructing his house. They also have to pay
Rs. 20,000 each to Shinde towards compensation.
“They were legally bound to see whether the
contractor is doing his job as per the
sanction plan,” the Commission observed.
The commission
concluded that both of them had failed to discharge their duty, as they had not
visited the construction site ever
after their first visit.
On April 7,
1998, Shinde received a notice from Mhada stating
unauthorised excavation was being done at the construction site
and he had encroached upon a neighboring plot. The contractor filled in half
the excavated pit on Shinde’s request,
but refused to fill the remaining half unless his demand for additional payment
was met.
Shinde then
moved the Mumbai Suburban
Consumer Disputes Redressal Forum,
which held Jalgaonkar and Magdum guilty of deficiency in service, and in June
2004, directed them to refund fees received from the complainant, and directed the two and the contractor
together to pay Rs. 60,000 towards
compensation and Rs 5,000 towards cost
of litigation.
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