The Lr. District Forum has rightly relied upon the report of engineer Shri Kamat and photographs produced by him and the admission that the tiles were not fitted, to conclude that water proofing measures were not carried out. It is common knowledge, in this part of the country, where monsoons are heavy, that the quality of terrace is seen by dampness, leakages only after 3/4 years in case no water proofing is done and even in cases where the water proofing is not done properly. the report and the photographs clearly prove that the slab/terrace above the flat of the Complainant requires water proofing and covering the same with tiles in order to ensure that no dampness or leakages take place inside the flat of the Complainant. Handing over the possession of the flat without proper waterproofing would amount to deficiency in service.

We therefore find there is no merit in this appeal and consequently we proceed to dismiss the same with costs of Rs. 5000/-.