BEFORE THE  STATE CONSUMER DISPUTES REDRESSAL COMMISSION

OF TELANGANA : AT HYDERABAD

CC NO. 22 OF 2016

Between

Gharonda Chamundeshwari Flat Owners Welfare

Association, rep. by its General Secretary

K.Ramulu S/o late Alwal Flat No.422

H.No.1-8-678/20 & 21, Sy.No.65 & 66

Godavari block, Gharonda Chamundeshwari Apts.,

Azamabad, Hyderabad-500 020

                                                                                       Complainant

          A N D

1. M/s Gharonda Builders and Developers

Rep. by its Managing Partner, Sunil J.Sachdev

H.No.4-4-932/2 & 3, Kandaswamy Lane

Sultan Bazar, Hyderabad

2. Sunil J.Sachdev S/o not known to the complainant

Aged about 50 yrs, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.4-4-932/2 & 3, Kandaswamy Lane

Sultan Bazar, Hyderabad

3. Smt Jayanthi L.Sachdev W/o Not known to the complainant

Aged Major, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.3-6-175, Ishpradan, Hyderguda

4. Rekha Sachdev W/o not known to the complainant

Aged Major, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.3-6-175, Ishpradan, Hyderguda

5. Sushila Sachdev W/o not known to the complainant

Aged Major, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.3-6-175, Ishpradan, Hyderguda

6. Sonal Sachdev W/o not known to the complainant

Aged Major, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.3-6-175, Ishpradan, Hyderguda

7. Roopal Sachdev W/o not known to the complainant

Aged Major, Occ: Managing Partner

M/s Gharonda Builders & Developers,

H.No.3-6-175, Ishpradan, Hyderguda

                                                                                      … Opposite party

Counsel for the Complainants :         M/s  Gopi Rajesh & Associates        

Counsel for the Opp. parties    :         M/s   A.Jaya Raju

QUORUM             :

 HON’BLE SRI JUSTICE B.N.RAO, PRESIDENT

&

SRI PATIL VITHAL RAO, MEMBER

THURSDAY THE EIGTH DAY OF JUNE

 TWO THOUSAND SEVENTEEN

Oral Order : (per Hon’ble Sri Justice B.N.Rao Nalla, Hon’ble President)

***

The complaint is filed u/s 17(1) of C.P.Act  seeking direction to the opposite parties to complete the pending works to the apartment of the complainant as per detailed reports of the Structural Engineer as follows:

1. Laying Pcc
2. Flooring (Parking tiles)
3. Polishing of existing marble flooring
4. Placing security grills
5. Fixing doors and windows, laying flooring and electrical wiring and

Miscellaneous civil works for labour quarters

6. Providing sufficient lighting in cellar including wiring
7. Securing the electrical panel boards with safety grills
8. Brick work and plastering (including ceiling in cellar)
9. Bifurcating residential blocks with commercial block by
   constructing retaining wall and compound wall on east side and

West side and fixing entrance gate on east side

10. Providing and fixing marble on parapet walls of ground floor
11. Leakages from expansion joint & seepages
12. Painting for the newly constructed walls and also painting those which were not covered earlier
13. Gymnasium equipment
14. To handover all the documents in respect of the suit schedule property i.e., MCH approval and link documents and other approvals

And also to complete  all pending works and repairs and additional works as per report of structural engineers Vol.1 & II worth of Rs.89,99,872/- and to pay compensation of Rs.5,00,000/- and costs of Rs.5,000/-. 

2.                The brief facts as set out in the complaint are that    all the 145 Flat owners have formed themselves as an Association in respect of flats developed by  the opposite party no.1.    All the owners after forming as registered association, they elected one Mr.S.Gangadhar   as President of the association. The complainant had addressed letter dated 02.07.2011 to the opposite parties explaining the inconvenience faced by them in respect of incomplete works that were not done so far.  The opposite party no.1 after discussion with the complainant association executed an agreement dated 09.08.2011 in favour of the complainant association stating that “it is agreed that the total works of the apartments with all amenities as per the agreement shall be completed and hand over to the association by the builder by 31.08.2011”.  As  no steps were taken to complete the pending works, the complainant addressed letters dated 22.09.2011,  29.10.2011 and 31.12.2011 to the opposite parties requesting to complete the pending works.   The complainant association also held General Body Meetings on 14.11.2011, 10.06.2012,  02.10.2013,  31.03.2014, 18.05.2014 and 07.09.2014    passed resolutions and conveyed the copies of the same to the opposite parties but the opposite parties every time promised to complete the pending works  by certain dates but   failed to do so.    On 14.04.2014 the opposite parties gave letter to the complainant association requesting to contribute a sum of Rs.1050/- towards maintenance charges by each member from April 2014 onwards and also assured that they will complete all the pending works within a period of 6 to 8 months.  Likewise, the complainant association waited for a period of 3 years anticipating that the opposite parties would complete the pending works but every time the opposite parties fixing the deadline for completion of the pending works but without completing the works postponing the matter on one pretext or the other.  Finally the complainant association on 26.10.2014 passed resolution to initiate   action against the 0ppsoeti parties by filing the complaint before the Commission. 

3.                The complainant further submitted that as the opposite parties failed to complete the pending works, it has appointed one authorized Structural Engineer PI Valuers to access the pending works to be undertaken and as per his report the builder had left the following works in common areas in cellar and ground floor as follows:

1. Laying Pcc
2. Flooring (Parking tiles)
3. Polishing of existing marble flooring
4. Placing security grills
5. Fixing doors and windows, laying flooring and electrical wiring and

Miscellaneous civil works for labour quarters

6. Providing sufficient lighting in cellar including wiring
7. Securing the electrical panel boards with safety grills
8. Brick work and plastering (including ceiling in cellar)
9. Bifurcating residential blocks with commercial block by
   constructing retaining wall and compound wall on east side and

West side and fixing entrance gate on east side

10. Providing and fixing marble on parapet walls of ground floor
11. Leakages from expansion joint & seepages
12. Painting for the newly constructed walls and also painting those which were not covered earlier
13. Gymnasium equipment
14. To handover all the documents in respect of the suit schedule property i.e., MCH approval and link documents and other approvals

4.                The above said pending works are agreed and accepted by the opposite parties to complete the same.  The Valuer has estimated the cost of the above said works as follows:

     The total cost of the pending works to be done by the opposite parties amounts to Rs.72,46,065/-. 

5.            The PI Valuers Structural Engineers estimated the repairs and additional works to be undertaken by the opposite parties as follows:

     The total cost of the repairs and additional works shall be Rs.17,53,807/-.

6.                 The opposite parties on each and every time promising to complete the pending risks within short period but they failed to do so.  Due to the acts of the opposite parties in not completing the pending works the members of the complainant association suffered inconvenience, mental agony and loss and hence the complainant filed the present complaint with the above said reliefs. 

7.                 The opposite parties 1 and 2 filed written version denying the allegations.  It is further stated that the venture was commenced in the year 2006 and all the flats were constructed and given possession to the flat owners and the flat owners’ grievances were redressed and they were in peaceful possession of flats.  There is no documentary evidence to show that the complainant association brought to the notice of the opposite parties right from 2010 or prior to taking possession from the opposite parties.  The documents filed by the complainant do not attribute any deficiency of service against the opposite parties.  The opposite parties representative have attended some meetings of the association with a view to help them to ascertain works to be attended and all that works have been completed way back to 2014 itself.  The opposite parties have maintained the apartments for the years even though it is the responsibility of the flat owners to maintain their complex and the minutes of the various meetings did not say how many flat owners have paid maintenance charges to the association.  The complainant association had already filed CC No.13 of 2015 before the District Forum-1 Hyderabad for similar relief and the complaint was allowed in exparte and the opposite party had preferred an appeal before this Commission which is pending now.  The prayer was to provide drinking water supply and sewerage connection to 140 flats.  It is evident from the documents that there is no minute authorising the association to file the present complaint.  The complainant association appointed Structural Engineers to assess the pending works to be undertaken and additional works to be undertaken without putting notice to the opposite parties which is against the principles of natural justice.  Once the flats were entrusted to the flat owners and if any unfinished works are there it should be stated in the possession letters and in the absence of any documentary evidence mere minutes which are written in their favour cannot be considered and that opposite parties are not responsible for maintenance of structure.  Mere filing complaint without mandate from flat owners stating that opposite parties failed to do the works promised by them do not attract the jurisdiction of the Commission and hence prayed for dismissal of the complaint. 

8.                 During the course of enquiry, the President of the complainant association  filed his evidence affidavit and also got marked the documents as Exhibits A1 to A19.  On behalf of the opposite parties, Mr.Sunil J.Sachdev,  the Managing Partner filed his affidavit and no documents have been filed. The description of the documents mentioned in the list of documents of the complaint   differ from the documents that are marked as exhibits.      

9.                 The counsel for the Complainants and the Opposite parties had advanced their arguments reiterating the contents of the complaint and the written version in addition to filing written arguments on behalf of Complainant.  Heard both sides.

10.              The points for consideration are:

1. Whether there is any deficiency of service on the part of the opposite parties in not completing the pending works?

2. If so, to what relief?

11.               POINT NO.1: The   opposite party no.1 builder and developer and the other opposite parties are the Managing Partners and the Partners constructed apartments known as Gharonda Chamundeshwari Apartments   after obtaining permission from the Greater Municipal Corporation of Hyderabad   and the members of the complainant association have entered into agreements on various dates and got executed sale deeds on different dates in respect of their respective flats. The complainant association was formed and registered under the A.P. Societies Registration Act in the year 2010.  The President of the complainant association in his affidavit which is replica of the complaint has stated that:

All the owners of the flats formed an association in the year of 2010 vide society registration No.716 of 2010 dated 16.11.2010 under the name and style of “ Gharonda Chamundeshwari Flat Owners Welfare Association”.  The said flat owners association established to look after welfare of all the flat owners of t he said apartments.  

12.                Thus, the objective of formation of the complainant association is for the maintenance of the building and welfare of its members. Admittedly, the complainant association has sought for relief in respect of pending works that were not completed by the opposite parties.   The main objective of the formation of the complainant association, is that the complainant association would be the administrator of common services such as elevator, transformer, corridors, passages, drainage, water supply, maintenance of bore wells etc.      

13.              The learned counsel for the opposite parties would contend that  the complainant association filed the complaint without mandate from the flat owners which do not attract the jurisdiction of the Commission.  We may state here that when there are numerous consumers having the same interest  their association may file  complaint on their behalf or for the benefit of all consumers so interested then it may be with the permission of the Consumer Forum. It means though numerous consumers are having same interest they have not formed any Body such as Society to represent all  in that case one or more consumers can file complaint for and on behalf of numerous consumers having same interest. But for that permission of the consumer Forum is to be obtained. Here in the present matter all the flat purchasers have already formed an Association and after passing the necessary resolution complaint is filed by the General Secretary of the Society. It means, the complaint was filed by all the flat purchasers who have formed the Association and they have authorized General Secretary of the Association to file complaint for the Association i.e. for and on behalf of all the members of the Association.  The members of the Association have purchased the flats for consideration and entire consideration was paid and possession of respective flats was given to respective flat purchasers by the opposite parties and these facts are not disputed. All the flat purchasers have formed the Association and as per the resolution of the members of the Association the complaint has been filed by the Association   through the General Secretary of the Association and the opposite parties have every obligation to complete the pending works in the apartments.   

14.              The complainant association has sought reliefs as stated supra and also filed PI Valuers report wherein the Valuer has estimated the cost of the pending works at Rs.72,46,065/- and Rs.17,53,807/- towards repairs and additional work.  The opposite parties have denied their liability either to pay any amount or to carry out any of the work shown in the complaint. The complainant association has relied upon the PI Valuers Report whereas the opposite parties did not file any document to rebut contention of the complainant association with regard to pending works. Moreover, the counsel for the opposite parties contended that the complainant association did not make any allegation with regard to the unfinished works when they have taken possession in the year 2009 and all the flat owners accepted possession certificates which infers that there were no   un-finished works that were pending on the date of taking possession by the flat owners.    

 15.              The secretary of the complainant association has stated that the members of the complainant association held meetings several times to discuss the problems they faced and the managing partner of the opposite party no.1 firm participated in the meeting held on 02.07.2011 and came to an agreement which is marked as Ex.A5 that the total works of the apartment with all the amenities shall be completed and handed over to the association by the builder by 31.12.2011.  When there is no indication of starting pending works the complainant association wrote a letters dated 22.09.2011, 29.10.2011, 31.12.2011 marked as Exs.A6, A7 and A9 to the opposite parties reminding them about the completion of pending works but there was no response from the opposite parties.  Again on 10.06.2012 the complainant welfare association convened a meeting with the opposite parties and the opposite parties assured the complainant association that they would complete the pending works by 31.07.2012 and the minutes of the meeting is marked Ex.A10.  Thereafter the opposite parties postponing the matter on one pretext or the other.  The complainant association continuously followed up the matter with the opposite parties and the opposite parties every time assuring the complainant association that they would complete the pending works but they did not complete the pending works. 

16.               Likewise the complainant association wrote letters, convened the meetings with the opposite parties but every time the opposite parties making promises that they will complete the works but they never started the works.  The complainant association in support of their case to show that they addressed letters and convened the meetings filed documents Exs.A11 to A17.  The complainant association waited for a period of 3 long years with the hope that the opposite parties would complete the pending works but when they failed to keep their promise of completion of pending works the complainant filed this complaint.  The complainant association also appointed one authorized structural engineer PI Valuers to assess the pending works, repairs and additional works to be undertaken.  As per the request of the complainant association the Valuer inspected the site and filed the detailed report about the left out works in common areas, in cellar and ground floor which are as follows:

1.  Laying Pcc
2. Flooring (Parking tiles)
3. Polishing of existing marble flooring
4. Placing security grills
5. Fixing doors and windows, laying flooring and electrical wiring and

Miscellaneous civil works for labour quarters

6. Providing sufficient lighting in cellar including wiring
7. Securing the electrical panel boards with safety grills
8. Brick work and plastering (including ceiling in cellar)
9. Bifurcating residential blocks with commercial block by
   constructing retaining wall and compound wall on east side and

West side and fixing entrance gate on east side

10. Providing and fixing marble on parapet walls of ground floor
11. Leakages from expansion joint & seepages
12. Painting for the newly constructed walls and also painting those which were not covered earlier
13. Gymnasium equipment
14. To handover all the documents in respect of the suit schedule property i.e., MCH approval and link documents and other approvals

          He has estimated the cost of the above works at Rs.72,46,065/- and Rs.17,53,807/- marked as Exs.A17 and A18. 

17.               It is averred in the complaint that there has been lot of correspondence and meetings between the parties   which do contain the recital as to the meetings.     The opposite parties have denied participation of the managing partner of the  opposite party no.1 firm and stated that representative has attended some meetings of the association with a view to help them to ascertain works to be attended.   The complainant association has filed letters, agreement, minutes of the meetings, dated  02.07.2011, 09.08.2011, 22.09.2011, 29.10.2011, 14.11.2011, 31.12.2011, 10.06.2012, 02.10.2013, 31.03.2014, 18.05.2014, 07.09.2014 and 26.10.2014  said to have been sent to the opposite parties the receipt of which has been denied by the opposite parties. In these documents the complainant association brought the pending works to the notice of the opposite parties that are left un-finished by them.   

 18.             A perusal of the documents filed by the complainant     particularly the correspondence made between them and the report of the Structural Engineer would establish that the opposite parties had promised to complete the pending works but they failed to do the same and it   constitutes deficiency in service. The complainant association has not filed any agreement of sale, Sale Deed or Brochure to show that, what are the amenities that the opposite parties agreed to provide in the said apartment.    However, the opposite parties in their letter dated 14/01/04/2014 gave assurance that they would complete the pending works as mentioned in the letter. 

19.              In view of the above facts and circumstances, the complainant has established that the opposite parties have not completed the pending works, as per their letter dated 14.04.2014/01.05.2014 Ex.A13,  gave assurance to the President/Secretary/Treasury of the complainant association which refers to.  The pending works as stated in the following para 20:

          As per the meeting held on 14.04.2014 there are some works listed as below to be completed in phased manner

Works to be taken up in the month of May – 2014

1.      Lift Room Doors to be replaced
2.      Overhead Water Tank to cover with CI Covers
3.      Main Gate West Side Plastering and coloring
4.      Electric Panel Board Shutters
5.      Cement patch works in Cellar and Stilt Floor
6.      Expansion Joint Repairs
7.      Sump for water collection in Cellar and Pump and Harvesting Pit
8.      Individual Flats seepages will start in phase manner from May 2014
9.      Registration is in process it will be done from May onwards.

          Works to be taken up in the Month of June/July – 2014

10. Security post 02 sides
11. Civil Patch Works
12. Municipal Water works process will be active from June onwards
13. Gym Material June/July
14. Fire extinguishers will be provided by July
15. Telephone wiring re-cabling ( At Flat Owners Cost)
16. A/c drain Pipes ( At Flat Owners Cost)
17. Green Marble Patti in Corridors below railing ( At Flat Owners Cost)

          Works to be taken up in the Month of August – 2014

18. Parking plan servant quarters/toilets
19. Polishing of stair case/corridor
20. Fixing of 04 more bore wells motors/pum-August-Sept
21. Corpus Fund – Between August – October

Note: 1.       As discussed we shall install Lord Ganesh Idol for vastu
                   purpose near the gate i.e. South East

          2.       Plot/Planting and Greenery to increase were ever possible

20.              For the afore said facts and circumstances the complainant has established that opposite parties  failed to complete the pending works as was agreed  in the above said letter and thus there is deficiency in service on the part of the opposite parties. They are liable to complete the pending works and provide the amenities as mentioned in Ex.A13.   They are also liable to pay compensation for the loss and mental agony caused to the members of the association, due to the inaction on the part of the opposite parties. For the foregoing reasons, we answer the points No.1 & 2 framed for consideration at paragraph No.10, supra, in favour of the Complainant and against the Opposite parties. 

In the result, the complaint is allowed directing the opposite parties to attend to the work and complete the same providing all the amenities/infrastructure facilities mentioned in Ex.A13, within five months. The opposite parties are also directed to pay a sum of Rs.25,000/- to the complainant association towards compensation and Rs.5000/- towards costs of this complaint. Time for compliance five months.

PRESIDENT                                       MEMBER

Dated : 08.06.2017

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

                                                          NIL                                          

EXHIBITS MARKED

For Complainants :

Ex.A1          Copy of letter of authorization

Ex.A2          Copy of letter dated 02.07.2011 of the complainant association to
                   one Mr.Sunil

Ex.A3          Copy of agreement 09.08.2011

Ex.A4          Copy of details of meeting held on 22.09.2011

Ex.A5          Copy of representation dated 29.10.2011 of the complainant
                   association to Mr.Sunil, Gharonda Builders

Ex.A6          Copy of minutes of meeting held on 14.11.2011

Ex.A7          Copy of representation dated 03.12.2011 of the complainant
                   association to Mr.Sunil, Gharonda Builders

Ex.A8          Copy of minutes of meeting held on 10.06.2012

Ex.A9          Copy of minutes of meeting held on 02.10.2013

Ex.A10        Copy of minutes of meeting held on 31.03.2014

Ex.A11        Copy of minutes of meeting held on 31.03.2014

Ex.A12        Copy of letter dated 14.04.2014 of OP No.1 to the President

Ex.A13        Copy of letter dated 14.04.2014/01.05.2014 of OP No.1 to the
                   President

Ex.A14        Copy of letter dated 14.04.2014 of OP No.1 to the President

Ex.A15        Copy of letter dated 14.04.2014 of OP No.1 to the President

Ex.A16        Copy of letter dated 29.03.2014 of OP No.1 to the Executive
                   Committee of the complainant association

Ex.A17        Copy of minutes of meeting held on 18.05.2014

Ex.A18        Copy of minutes of meeting held on 07.09.2014

Ex.A19        Copy of minutes of meeting held on 26.10.2014

For the opposite party

NIL

PRESIDENT                                       MEMBER