DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI).
Consumer Complaint No. | 76 of 2021 |
Date of Institution | 27.01.2021 |
Date of Decision | 25.06.2024 |
Lt. Col L.S. Bedi (Retd), F-84, Army Flats, Sector-4, MDC, Panchkula-134114.
…………...Complainant
Versus
Baba Zorawar Singh Cooperative House Building Society, Banur-140601, SAS Nagar, Mohali through its President.
…………Opposite Party
Complaint under the Consumer Protection Act
QUORUM
Hon’ble Mr.S.K.Aggarwal, President
Hon’ble Ms. Paramjeet Kaur, Member
Present: Complainant in person
None for the OP.
ORDER
The complaint has been filed by the complainant against the Opposite Party i.e. Baba Zorawar Singh Cooperative House Building Society (hereinafter referred to as the OP) on the averments that he is allottee of flat No. 2410/3 in the above said Society. He had paid Rs. 9600/- on 31.05.2017 and Rs. 17,400/- on 25.09.2018 to the OP for maintenance of common area of the Society. The complainant has asked the OP to provide the following documents :-
- Copy of minutes/proceedings of Annual General Body meeting held on 07.08.2016 and 09.04.2017.
- Copy of proceedings of General Body meeting held on 11.06.2015 wherein Rs. 1200 per month has been approved to be paid by the members.
- Copies of the proceedings of Annual General Body meeting held for the year 2014 to 2018 as asked for vide letter dated 10.09.2018. The OP has also failed to provide calculation of basic sum of Rs. 19,650/- and authority for penalty of Rs. 3,630/- as mentioned in letter dated 24.08.2018 of the OP.
The OP was again requested to provide the documents vide letter dated 26.10.2020 but the OP failed to provide the same.
Consequently, prayer has been made for issuance of direction to the OP to provide the documents asked for and to pay compensation for harassment, mental agony and unfair trade practice.
2. Upon notice , the OP caused in appearance and filed written version by controverting the averments and assertions of the complainant, apart from taking preliminary objections qua maintainability, jurisdiction and non joinder of the parties etc. It is averred on merits that the complainant is not covered under Consumer Protection Act and, therefore, the complaint is liable to be dismissed.
3. In support of his case, the complainant has placed on record his affidavit Ex CW1/1 along with supporting documents Ex C-1 to Ex C-7. On the other hand, Ld. counsel for the OP has placed on record affidavit of Sh. Kaur Singh, President of the OP Society Ex OP1/1.
4. None appeared on behalf of the OP to argue the matter. We have heard Ld. Counsel for the complainant and perused the record.
5. After going through the record of this complaint, it is found that the complainant has no case. He has sought for the documents i.e. Copy of minutes/proceedings of Annual General Body meeting held on 07.08.2016 and 09.04.2017, Copy of proceedings of General Body meeting held on 11.06.2015 wherein Rs. 1200/- P.M has been approved to be paid by the members and Copies of the proceedings of Annual General Body meeting held for the year 2014 to 2018 as asked for vide letter dated 10.09.2018. But he could not convince us as to how his complaint falls under the Consumer Protection Act, 2019? It appears that the remedy for getting the documents lies with somewhere else. Besides this, it is found that the instant complaint filed by the complainant is full of contradictions.
6. Consequently, the instant complaint fails and the same is hereby dismissed with no costs.
7. The instant complaint could not be disposed of within stipulated period for want of quorum and due to heavy institution.
8. Certified copies of this order be sent to the parties free of costs. File be indexed and consigned to record room.
Pronounced
June 25, 2024
(S.K. Aggarwal)
President
(Ms. Paramjeet Kaur)
Member
