11 years after earthquake, Gujarat builders made to pay

AHMEDABAD: After a perilous wait of eleven years and four days for justice, 40 residents of Sangemarmar Apartments, which collapsed during the earthquake 2001, received their due from the builders responsible for the tragedy.

Gujarat State Consumer Disputes Redressal Commission ordered the builders of Sangemarmar Apartments, to pay varying amounts of compensations for the building collapse - around Rs 35 lakh each to residents of the flats who complained that the building crumbled because of the poor quality of material used. In all, the builders will have to shell out over Rs 14 crore.

M/s Shreenath Corporation will pay 40 residents of Sangemarmar apartments an approximate amount of Rs 18.5 lakhs along with an interest of around Rs 16.5 lakh (9% interest from January 26, 2001). M/s Shreenath Corporation is a partnership firm with four partners including the firm itself, Bharat Shah, his wife Preeti and their son who is a minor.

Sangemarmar Apartments, which was hardly ten years old when the earthquake struck, was one of the various apartments that collapsed on January 26, 2001. More than ten residents of the building died during the collapse. The complainants will also be compensated with varying amounts for lost of family members, lost of body limbs, damage to vehicles and others property loses.Prior to January 26 2001, Ahmedabad was in zone IV. "The construction is therefore to be made in view of the possibility of the earthquake. It is on record that after the earthquake the Gujarat high court had appointed an expert committee of engineers and architects and secretary of the public works department. This expert report proves that the complaints' apartment was damaged due to substandard material," said the commission.

The opponents (builders) had pleaded that the Apartments have been destroyed due to act of God. Then the court observed if that was the case all the buildings in the area and the vicinity would have collapsed. "It was sheer negligence on the part of the opponent" said the commission.

The Sangemarmar apartment collapse case will pave the way for speedy compensation for many earthquake victims who have spent years fighting for their due in various consumer forums and courts. According to lawyer Himanshu Thakker, a victim can now directly approach the consumer court and demand their rightful compensation by citing the Sangemarmar case. "Builders are service providers and it is their duty that they provide the best for their consumers. This judgment can be useful for victims who are fighting cases in various criminal courts," says Thakker.

Thakker fought the case for Sangemaramar apartment residents for free after they ad approached the Consumer Education and Research Society in the city. A total of 14 cases were filed by 40 residents of the Sangemarmar apartments that collapsed.

Thakker was disturbed by the news of collapse of the building which was hardly ten years old at the time of the earthquake said, "I sensed that something was wrong and decided to take up the case on humanitarian grounds."

"This judgment of such a large scale is a landmark. Other cases are pending in criminal and other courts. This judgment will help bring out the truth and help other victims who are waiting for justice," said Thakker.