CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.207/2019
ANKUSH AGGARWAL
SONG OF LATE SH. SHYAM LAL
INDIAN INHABITANT, RESIDING AT:
B- 205, KANISHKA TOWERS, SECTOR 34,
FARIDABAD – 121003
WORKING AS SOFTWARE ENGINEER …..COMPLAINANT
Vs.
ASHOKA MANAGEMENT & SERVICES,
HAVING ITS REGISTERED OFFICE AT
104, CHIRANJIV TOWER, 43,
NEHRU PLACE, NEW DELHI- 110019 …..RESPONDENT/ OP
Date of Institution-04.09.2019
Date of Order- 26.09.2022
O R D E R
RASHMI BANSAL– Member
The present complaint is filed by the complainant against OP’s deficient services and poor maintenance of the building provided by him despite payment of maintenance charges, along with prayer for providing necessary repairing, maintenance, water supply and other amenities, compensation for mental agony and harassment, health and financial damages caused to him and his family.
- It is the case of complainant that he is owns a flat in the society, for which OP is responsible for providing maintenance and upkeep of the society. Complainant stated that he has been paying all the maintenance charges on demand by the OP regularly since the date of purchase of flat, 28.03.2018 till 31.03.2019, as despite repeated notices and reminders, the OP has failed to maintain the flat of the complainant as well as society as a whole and appeared as very old building. Complainant stated that whole of the society has developed cracks all over the blocks, the plaster is falling from the walls, posing a constant threat of serious accident to residents, the condition of apartment’s exterior walls is deteriorating, the accumulated debris of building repair material keep lying for months, the internal road inside the premises is uneven, making it difficult to walk on, the poor and hard water supply in the building, affecting their health as it is very injurious to health as well as damaging the bathroom and kitchen fittings, causing seepage of water pipes and shaft pipes, damage to external pipelines of flat and because of it the complainant is forced to buy drinking water from market. Complainant stated that despite paying maintenance charges, complainant is not getting adequate maintenance amenities for his flat and therefore, complainant is deprived from the beneficial enjoyment of residential accommodation of his flat.
The complainant also stated that the park of the society is without grass and unmanageable growth of wild plants resulting to breeding of mosquitoes during rainy season, which may lead to serious disease like, dengue, malaria and the like. Not only this, the benches inside the park are broken and not worthy to use, children slide not proper and safe for children, no proper lighting arrangement inside the whole premises and garden, defective electric bulbs, tube lights and defective maintenance of lift. This is the submission of complainant that despite several complaints, OP is not providing regular service and ignores the prime duties and liabilities towards the maintenance of the society and the flats of residents.
The complainant also stated that there is no adequate cleaning in the common area and inside the premises and no installments of dustbins for the whole premises. The complainant further stated that he is not able to get the internet services because the only service provider available inside the society is BSNL, which is not working properly there and therefore, wants to have other optical fiber broadband internet connection, however he is not allowed to do so, since except BSNL no broadband services provider is allowed to lay down optical fiber cable inside the society by the OP. ecause of monopoly and adamant attitude of OP, the complainant is deprived of his freedom to have broadband services of his choice.
The further grievance of complainant is that the OP completely locked down the community hall and does not allow access to the same for any celebration or get-together. Complainant further submitted that there is only one generator for whole society and no safety measures has been taken by OP since 28.03.2018 with respect to the maintenance of the same.There is no regular / part time plumber of repairing any defect. There is a water treatment plant inside the society but the same is not maintained by OP. Complainant states that he has sent number of letters to OP to act and to rectify the deficiency in his service however, the OP neither has taken any action on his complaints nor has responded back to any of his complaints.
- Complainant submitted that the OP is charging a big amount of money quarterly in the name of maintenance charges and never explained how this is being used by him to maintain the society as no detailed account statement of expenditure is shared by OP. The complainant also sent notice to OP on 29.7.2019 to rectify deficiency in maintenance charges but OP failed to reply. The complainant stated that due to the negligent act of OP, the complainant has suffered heavy losses due to poor maintenance of his flat, common area and building premises, harassment and mental agony, health issues and loss of profession practice, for which he is entitled for compensation from OP. Moreover, OP has also enhanced annual maintenance charges by 12.5%, from Rs. 20,301/- to Rs. 22,839 with effect from 01.04.22 to be paid quarterly, but has not initiated any proper steps to redress the complaints of the complainant.
- In support of his grievance the complainant has filed -
1. Copy of notice dt. 29.7.2019 sent by complainant to OP, along with photographs of the society showing dilapidated condition of the buildings and the premises - annexure C1;
2. Copy of letter dt. 22.09.2018 sent by complainant to OP – annexure C2;
3. Copy of letter dt. 04.12.2018 send by complainant to OP, along with the pictures of the debris lying in the society premises – annexure C3;
4. Copy of letter dt. 12.4.2019 sent by complainant to OP along with the cheque of Rs. 16,824/- towards maintenance -annexure C4;
5. Copy of demand letter dt. 15.06.2019 from OP for Rs. 18,927/-, along with receipt of Rs. 16,824 paid to OP -annexure C5;
6. Copy of tap water sample test report
7. The ultrasound and other medical report of complainant’s wife
8. Newspaper article regarding broadband services
9. E-mail from Airtel seeking permission to provide broadband services
10. Few maintenance letters of other societies
11. Copy of the payment receipt dt. of Rs. 1,02,962 paid to OP by complainant
12. Copy of the Demand letter dt.14.04.2021 from OP demanding Rs. 1,96,497/- towards maintenance;
- The OP was served but refused to accept the notice and the same is received back by this commission with remark ‘refused’, which deemed to be a proper service upon OP. Since OP chose to not to appear, therefore, OP proceeded ex-parte vide order dt. 24.12.2019. The complainant has filed ex-parte evidence and written argument.
- We have gone through the documents on record and perused the file. Since OP chose to not appear, we don’t have opportunity to hear the other side story, and all the averments made in the complaint are deemed to be admitted as against OP. The perusal of the record shows that OP has been receiving the huge amount as maintenance from the complainant and also from the other residents. The photographs available on record shows the poor maintenance evidencing that same has not occurred in a month or two but is the result of long-term avoidance and negligence towards the upkeep of the society. The OP bears the responsibility to carry out the repairs and maintenance of societies' property as well as the individual flats of the society.
- In the given scenario and considering the fact that OP is service provider to the members of the society and complainant has been regularly paying for the maintenance charges, but the maintenance is not at par which a reasonable man would expect in lieu of the decent maintenance charges. We are also of the view that the OP has failed to carry the proper maintenance of the society and the flat of the complaint and the complainant has proved deficiency of service on the part of the OP.
- Therefore, the end of justice would meet if the complainant would be compensated by OP’s negligent and deficient services. Therefore, we direct to OP to pay to the complainant a sum of Rs. 50,000/- towards its deficient services and causing mental agony and harassment, with interest @6% within 90 days from the date of filing of the complaint i.e. 04.09.2019 till it is actually realised by complainant, failing which the entire amount shall carry
- @ 9% p.a. till actual realisation of the same. The OP is also directed to maintain the society and the individual flat of the complainant in terms of his agreement with the society.
- The consumer complainant could not be decided in time due to heavy pendency of the cases before commission.
- The order be uploaded on the website and copy of the same be provided to the parties in terms of the Consumer Protection act, 1986.
- The file be consigned to record room.
- The order contains 6 pages and each bears my signature.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (MONIKA SRIVASTAVA)
MEMBER MEMBER PRESIDENT
