Media Release

Mangaluru, Aug 31: The Dakshina Kannada District Consumer Disputes Redressal Forum has issued an order on partners of Sequeira Star Home Builders to undergo 2 years imprisonment and pay fine for deficiency n services.

Sequeira Star Home Builders, builders of Star Legacy-I and Star Legacy-II Apartments near Kadri Toll Gate in city, represented by its five partners namely Felix Sylvester Sequeira, Kenroy Arnold Sequeira, Romaldine Bernandine Sequeira, McFel Francis Sequeira and Trysen Ryan Sequeira, have been convicted for the offence punishable under Section 27 of Consumer Protection act, and the accused have been sentenced to undergo imprisonment for a period of two years and also pay fine of Rs 5,000 in each case, as per the order dated August 11.

Further acting under Section 357(1) of Criminal Procedure Code, the entire amount of Rs 30,000 shall be paid as compensation to eight complainants namely, Bryan J Vas, Herald D'Souza, Jossie Rego, Queenie Rego, Stanley Pinto, Maria Pinto, Rosaline Carlo, and Roque Boniface D'Souza (Star Legacy-I and II apartment owners).

The punishment for the building partners is because that the forum found that the promoters had committed deficiency in service, indulged in unfair practice, did not provide completion certificates to all the dwelling units in the apartments, did not provide the amenities/facilities as promised etc. 

The order was issued by Asha Shetty, president, DK Consumer Disputes Redressal Forum, Mangaluru.

The eight complainants residing in the Star Legacy-I and II, after noticing that although the builders and promoters had promised many amenities and facilities in both the apartments and distributed pamphlets/brochures claiming ‘a Rising star of Comfort Homes-Dream Homes’, the reality has been otherwise. Many of the amenities and facilities were either incomplete or of poor quality or were not done at all. Fed up with all false promises and assurances that the builders will complete all the facilities and provide all the amenities, the eight apartment owners decided to file a complaint against the builders in the year 2011 in DK Consumer Disputes Redressal Forum, represented by their lawyer, Naveen Banninthaya of Mangaluru.

After two years, in May 2013, the forum directed the promoters to get the completion certificate to owners of some of the apartment residents within three months. If they failed to do so, they would have to pay damages of Rs 50,000 and pay Rs 500 per day from the date of failure till the date of issuance of certificate with permanent door number,  said the forum. The forum also directed the promoters to rectify the defective flooring, telephone point, door latches and locks provided to the door system, flush of the commode, lift facility, electrical room, bore-well, and uneven interlocks.

The forum also asked the promoters to set right other defects like- accumulation of water in the balcony, seeping of water from bathroom to the master bedroom, and cracks in the walls and seepage. The forum also directed them to provide separate provision for drainage rainwater from the top, landscaped garden, children play park, recreation and health club, intercom facility, visitors lobby, decorative flush door for rooms, separate  pastel coloured wash basin for dinning, stainless steel washing sink and drain board, two power points and exhaust fan provision; and carry out plastering the outer portion of the compound wall; and set right seepage in the walls and replace concrete door frames with wooden door frames.

The forum also asked the promoters to provide accounts of maintenance charges already collected and facilitate use of common areas for the benefit of apartment owners. In response to the forum's order, the promoters had denied the allegations and maintained that the Mangaluru City Corporation would provide completion certificate after the apartment is regularized under the Akrama Sakrama Scheme.

But nothing happened so far. In the meantime, a commissioner appointed by the forum had confirmed that many of the defects and violations of bye-laws in both the apartments-Star Legacy I and II, and his report was not challenged by the promoters. The forum had held the promoters responsible for such deficiency in service and indulging in unfair trade practice.

But all the five partners of Mumbai based Sequeira Star Home Builders did not heed to any of the orders or direction issued by the forum in 2013.

But the promoters lost the battle- on August 11 when the President of DK District Consumer Disputes Redressal Forum- Asha Shetty, in the presence of the forum member- Lavanya M Rai issued an order stating, 'Sequeira Star Home Builders ( Builders of Star Legacy-I and Star Legacy-II Apartments near Kadri Toll Gate, Mangaluru) represented by its partners namely Felix Sylvester Sequeira, Kenroy Arnold Sequeira, Romaldine Bernandine Sequeira, McFel Francis Sequeira and Trysen Ryan Sequeira, are convicted for the offence punishable under Section 27 of Consumer Protection act, and the accused are hereby sentenced to undergo imprisonment for a period of two years and also pay fine of Rs 5000 (Rupees Five thousand only) in each case. Further acting under Section 357(1) of Criminal Procedure Code, the entire amount of Rs 30,000 on recovery shall be paid as compensation to eight complainants namely, Bryan J Vas, Herald D'Souza, Joseph Rego, Queenie Rego, Stanley Pinto, Maria Pinto, Rosaline Carlo, and Roque Boniface D'Souza (Star Legacy-I and II apt owners). In default to pay the amount, the accused will undergo simple imprisonment for one month. Both sentences shall be seen consecutively, and bail bond of the accused shall be cancelled.”

Speaking to Daijiworld, one of the complainants Joseph Rego said, “Our long battle has finally been fruitful, and justice has been served to all of us. It is indeed a shame that promoters had to cheat their customers in such a way, and put them into all these hassles. They have paid the price for their faults, for their deficiency in service, for indulging in unfair trade practice, and for lying to their customers about the amenities and facilities as mentioned in their brochures.  This is a lesson for other apartment owners in town, if they are not satisfied with the amenities and facilities as promised by their promoters, file your complaints with the Dakshina Kannada Consumer Disputes Redressal Forum. Even though it may take a few years, but at the end, it will be worth your fight for justice. Just like us.”

“There are good builders whom you can trust, and who will provide you all the amenities and facilities promised before you bought the apartment. Then there are other kinds of builders, who show that they are sincere and promise you all the amenities/facilities, but once you move in you will be surprised to see that most of the things that they promised are left incomplete. Like the brochure would say about full-fledged gym, but what you will find later will be a couple of thread-mill machines and couple of exercise machines. Also they will promise you a nice swimming-pool with a built-in Jacuzzi, but once you occupy the flat the swimming pool will be as big as a ‘Fish Pond’,” said Stanley Pinto, one of the complainants.