The noise in the apartments of the Zasviyazhsky microdistrict reached the Ulyanovsk regional court

Five years ago, Ulyanovsk resident Ildar Sh. bought two apartments in one of the houses of the New Life microdistrict under construction, but still cannot start a normal life there. The fact is that soon numerous defects were discovered in the new buildings: cracks on the walls, poor sound insulation, non-functioning ventilation. The man demanded that the developer compensate him for expenses to eliminate these construction deficiencies. On April 23, the Ulyanovsk Regional Court began to look into the situation with noise in the Ulyanovsk new building.

Last summer, this high-profile case was heard in the Zasviyazhsky District Court of Ulyanovsk. Then Ildar Sh. asked to recover a million rubles for cracks in the walls and poor sound insulation from Garantia-24 LLC. After all, it was this organization that became the legal successor of the developer company SZ “New Life”, which declared itself bankrupt. Judge of the Zasviyazhsky District Court of Ulyanovsk Alexander Dementyev decided to partially satisfy Ildar Sh.’s claim and recover from Garantiya-24 LLC 315,550 rubles as compensation for damages caused by construction defects, 20,000 rubles as compensation for moral damage and 80,000 rubles as a fine.

In this building in the New Life microdistrict, two apartments ended up with defects that led to court

Ildar Sh. refused to receive 415,550 rubles, considering that this amount of compensation was very low and would not cover all the costs of eliminating construction defects. The man filed an appeal with the Ulyanovsk Regional Court.

The defendant also expressed dissatisfaction with the decision of the Zasviyazhsky District Court. The bankruptcy trustee of Garantiya-24 LLC sent his appeal to the Ulyanovsk Regional Court.

If Ildar Sh. did not attend meetings in the Zasviyazhsky District Court, trusting his lawyer to defend his interests, then the man came to the Ulyanovsk Regional Court with his wife. Before the start of the meeting, the married couple exchanged a few phrases with their defense lawyer Vadim Kurganov. Apparently, they agreed on a position on issues that might arise for the judges.

But representatives of Garantia-24 LLC were again not in the meeting room. The defendant persistently ignores the legal process.

After recalling the circumstances of the civil case under consideration, it was expected that the judicial panel would retire to the deliberation room and make a decision a few minutes later. But then the plaintiff’s representative decided to file a motion.

“We do not agree with the expert’s conclusion, considering that the amount of compensation announced by the Zasviyazhsky District Court for damages caused by construction defects does not correspond to the actual amount of damage,” said lawyer Vadim Kurganov. – The amount is very small; these funds cannot be used to hire a construction team to eliminate defects and bring the apartments to normal condition. In addition, the examination does not conclude that the defects in Ildar’s apartments are construction, and not operational. I would like to draw the court’s attention to the fact that since that examination, the cracks in the apartments have become even larger. We also do not agree with the amount of compensation for moral damage appointed by the court: it must comply with the principles of reasonableness and fairness.”

These are the kind of cracks that decorate many apartments in new buildings in the New Life microdistrict.

At the end of his speech, the lawyer noted that the plaintiff wants to file a petition for a new examination.

“In accordance with the resolution of the Constitutional Court of the Russian Federation, in the event of a petition to appoint an examination, there is an obligation to make an advance payment in the amount of the cost of this examination,” representatives of the judicial panel reminded the defendant. – Do you agree and are ready to deposit money into the deposit account of the Ulyanovsk Regional Court?

Having clarified with the lawyer that the cost of the first examination was 95,000 rubles, Ildar Sh. agreed to transfer the entire amount.

The results of the first examination indicate numerous facts of construction defects

“Thus, a break has been announced in the trial until April 26,” announced a representative of the judicial panel of the Ulyanovsk Regional Court. – During these three days, the court will make a request to an expert institution that is ready to conduct a second examination, and will clarify the cost of the examination.

Thus, the trial will continue at the end of the week, and will most likely end after the results of a new examination are ready.

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