Date of Filing: 12.12.2011

        Date of Order: 27.1.2012

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  27^th DAY OF January-2012

PRESENT

SRI. H.V. RAMACHANDRA RAO, B.SC.,B.L., PRESIDENT

SMT.NIVEDITHA. J, B.SC., LLB., MEMBER

C.C. NO.2241 OF 2011

1.Mr.Sanjib Kumar Biswal

S/o.Dr.Biswal

Aged about 41 years.

2.Ms.Anita Biswal

Aged about  43 years

W/o Sanjib Kumar  Biswal,

Both are residing at flat No.402

‘B’ Block, nagarjuna Green Ridge

80 Feet Road, 19 th Main Sector

HEBR Layout

Bangalor.

Represented by their GPA Holder

Mr.Ajit Kumar Pandhi.

(Rep. by Sri.Ramesh Kumar.R.V, Advocate)                                     ...COMPLAINANTS

- V/s -

1.M/s.Bhoomiji Developers

Having its office at No.154, Sy.Nos.31/1

And 31/2 of Kariyammana Agrahara Village

Having Village Panchayath Khatha No.154

Vartur Hobli,

Bangalore

Represented by its Partners

1.Smt.Parthima Vijaya kumar

2.Sri.abbaiah Reddy

3.Gopal Reddy.

Also At:

No.384, 33^rd Cross, 17^th Main

4^th ‘T’ Block, Jayanagar

Bangalore-560 041

No.43,44,45,1 Main

Prashanthinagar Extension, BSK 5^th Stage

ISRO Layout

Bangalore- 560 078.

2.Smt.Prathima Vijay Kumar

Majore

W/o C.P.Vijay Kumar

Partner

M/s Bhoomiji Developers

No.384, 33^rd Cross, 17^th Main

4^th ‘T’ Block, Jayanagar

Bangalore-560 041

3.Sri.Abbaiah Reddy

Major

S/o Late Muni Reddy

Partner

M/s Bhoomiji Developers

No.384, 33^rd Cross, 17^th Main

4^th ‘T’ Block, Jayanagar

Bangalore-560 041

4. Sri.Gopal Reddy

Major

Partner

M/s Bhoomiji Developers

No.384, 33^rd Cross, 17^th Main

4^th ‘T’ Block, Jayanagar

Bangalore-560 041

                                                                   ….OPPOSITE PARTIES

ORDER

BY SMT. NIVEDITHA  J – MEMBER -

     The brief antecedents that led to filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to provide the basic amenities of Power/Electricity Connection, Water connection and centralized gas to the flat and to pay a sum of Rs.2,00,000/- as compensation, are necessary:-

The opposite party No.1 is a partnership firm engaged in the business of development of properties and construction of the residential apartments. The opposite party Nos.2, 3 and 4 are the partners of the opposite party No.1 Firm. The complainants have jointly purchased a Flat bearing No.CT 4 situated at III Floor, Nos.31/1 and 31/2 of Kariyammana Agrohara village, having village Panchayath Khatha No.154, Vartue  Hobli, Bangalore vide Sale dated 29/12/2009.  Under the said sale deed dated 29/12/2009 the opposite parties have promised to the complainant that they will provide the basic amenities Power/Electricity connection, Water connection and Certralized Gas connection. The complainants are not able to reside in the said premises without the said basic amenities. Now the opposite parties are refused to provide the basic amenities to the complainants. The complainants made repeated requests to the opposite parties to provide the said basic amenities. In this regard, on 04/10/2011, the complainants issued a letter to the opposite party No.1, But opposite parties have failed to respond.    Hence, the complaint.

2.       Though notice served on opposite parties, but they remained absent. The complainant counsel has stated his complaint and document be treated as his evidence.  Heard the arguments.

3.       The points that arise for our consideration are:-

1. Whether there is deficiency in service?
2.  What Order?

4.       Our findings are:-

Point (A):   In the Negative.

Point (B):   As per detailed order

                   for the following :- 

REASONS

Points (A) & (B):

5.           Reading the pleading in conjunction with documents on record, it is established that the opposite parties engaged in the business of Development of Properties and Construction of Residential Apartments. The complainants purchased a flat bearing No.CT4 situated at III floor bearing Nos.31/1 and 31/2 of Kariyammana Agrohara village, having village Panchayath Khatha No.154, Vartue  Hobli, Bangalore, vide Sale dated 29/12/2009.  The grievance of the complainant is that under the sale deed, the opposite parties are promised to provide the basic amenities of Power/Electricity connection, Water connection and Centralized Gas connection. But in the said sale deed it is not mentioned that the opposite parties agreed or promised to provide power/Electricity, water and Centralize Gas connections. There are no material or supporting documents to show that the complainants have paid the consideration for those amenities to the opposite parties. The complainants have not proved any deficiency of service on the part of the opposite parties. There is no relation of ‘Consumer’ and ‘Service Provider’ between the parties as regarding these amenities no consideration is agreed or promised or paid.  If the complainants have any right with regard to any matter he is at liberty to approach the Civil Court seeking appropriate, relief for which this order will not come in that way. If the complainants are advised, they are at liberty to approach any appropriate Court.  Hence, we hold the above points accordingly and proceed to pass the following:-

ORDER

01. The complaint is dismissed.  No order as to costs.

02. Send a copy of this order to both parties free of costs.

03. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

 (Pronounced in the Open Forum on this the 27^th DAY OF January-2012).

MEMBER                                             PRESIDENT