Tripura

West Tripura

CC/102/2016

Secretary, Shyamalima Apartments Welfare Society. - Complainant(s)

Versus

Chief Executive Officer, Tripura Housing & Construction Board. - Opp.Party(s)

Mr.S.Choudhuri.

20 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC- 102 of  2016

SHYAMALIMA  APARTMENTS WELFARE SOCIETY,
Represented by the Secretary,
New Capital Complex, Agartala,
West Tripura.            .........Complainant.

             ___VERSUS___

Tripura Housing & Construction Board,
Represented by its Chief Executive Officer,
Gurkhabasti, Agartala,
P.S. New Capital complex,
P.O. Kunjaban, Pin- 799006,
West Tripura.            …..........Opposite party.

 

      __________PRESENT__________

 SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

For the complainants    : Sri Surajit Choudhury,
                  Sri Koushik Datta
                  Advocates.
                     
For the O.Ps             : Sri Bibek Banerjee,
                  Advocate.
                         

                             
        JUDGMENT  DELIVERED  ON: 20.04.2017

 

J U D G M E N T

        This case is placed before us as the President of this Forum abstained from hearing the case and passing judgment. Both the parties submitted written argument before us also argued the case. Both the parties produced some documents and also statement on affidavit. 

2.        First party 'Shyamalima Apartments & Welfare Society' produced Information Guide Brochure of Tripura Housing Board, minutes of meeting, other correspondences, letter of Chief Executive officer, letter of Senior Manager and letter of Municipal Commissioner. 

3.        O.P. Tripura Housing Board produced Photocopy of the letter given by Swapan Kumar Roy. Statement of affidavit of Amar Kumar Das, Chief Executive Officer and Dipak Choudhury, Administrative Officer, THCB.

4.        On the basis of evidence produced by both the parties we shall decide the dispute. 

5.        Dispute is on the matter of water supply and the boundary wall. The petitioner 'Shyamalima Apartments & Welfare Society' claimed that the O.P. refused to pay the power consumption bill of water plant of the housing board. As such the water supply was not given to the flats.   

6.        Contention of the O.P. is that as per terms and conditions the flat owners are to bear the expenses of water treatment plant. Housing board never assured to anybody to construct 500 nos. of flats in the place where 'Shyamalima Apartments & Welfare Society' is situated. The construction is going on and so the boundary wall is yet to be completed. The owners of the flats may apply to Agartala Municipal Council for individual water supply. 

7.        From the rival contention as raised we shall now determine whether the O.P. Tripura Housing Board had any deficiency of service.

Findings and decision;

8.        It is admitted and established fact that the members of 'Shyamalima Apartments & Welfare Society' purchased the flats from the Tripura Housing & Construction Board respondent. We have gone through the Information Brochure, water supply clause. It is written that THCB has already provided a deep tube well and IRP for the complex which is to be maintained by the owners of the Society of the complex. The under ground tank & pumping arrangement will be provided by THCB and operator to be arranged by Owners' association including running maintenance. From this clause it is clear that infrastructure is to be provided by THCB and operator is to be arranged by the owners or association including running maintenance if required. A meeting was held in the chamber of the Chairman of the THCB. It is written that DWS will extend water supply line to the existing under ground reservoir of the each block of ownership flats within 3 months. The system of supply of water to the complex will be continued from the Deep Tube well of PDW(R & B) for a further period of 3 months i.e., until separate supply line is provided by DWS. The owners of the flats will make necessary arrangement for lifting water from underground reservoir to their respective over head tank. Power consumption will be borne by PWD(R & B). So, in presence of ministers the decision was taken and it was also decided that disposal of the deep tube well with IRP as constructed in the housing complex will be handed over to AMC and DWS Department. From this it is clear that flat owners shall make arrangement for lifting the water from under ground reservoir. But DWS shall extend supply to this reservoir for its complex. It is established fact that DWS department yet to extend the water supply line from Agartala Municipal Council also not provided separate supply line to the flat owners. The treatment plant IRP also not placed to AMC or DWS. Power consumption bill during this period is to be borne by PWD(R & B) till arrangement by DWS. 
        
9.        O.P. Tripura Housing Board handed over flats to some flat owners. Admittedly the project is yet to be completed. Construction is still going on. In such a position the flat owners being the consumers shall not be left without water. THCB, O.P. being the seller is under obligation to ensure the water supply to the flat owners till alternative arrangement is made. Admittedly deep tube well for IRP as constructed in the housing complex remained under disposal of housing board. It is to be handed over to the society of the flat owners only after completion of project. As it is not handed over so the expenses for raising the water from underground reservoir and make its treatment for supplying the same from the under ground reservoir to flat owners remained under the disposal of Tripura Housing Board. Refusal can not be made by the O.P. as alternative arrangement for supplying water to the reservoir of the flat owners not yet made. Such refusal is deficiency of service. 
    
10.        In regard to construction of boundary wall we consider that as construction is going on and yet to be completed so there is no deficiency of service by Tripura Housing Board when the project will be completed then definitely boundary wall will be raised. The consumers are to wait up to the time. But as the flats are sold out and possession given during the continuation of project period so the O.P. Tripura Housing & Construction Board is under obligation to ensure the water supply in the reservoir of respective flat owners till project completed & treatment plant is handed over. Alternative arrangement is not made by AMC. No individual water supply connection given to the flats owners. Therefore, O.P. THCB is to ensure the supply of water and the electricity and ancillary expenses is to be borne by Tripura Housing & Construction Board till it is handed over to the flat owners or association or Society on completion of project or alternative arrangement is made. 

11.        We direct the O.P. Tripura Housing & Construction Board to bear the expenses and ensure water supply to the reservoir of flat owners after treatment of the under ground water till completion of project and we also direct the O.P. to pay Rs.5000/- as compensation to the petitioner for deficiency of service. Thus, we decided the case. Direct the O.P. to follow the above direction and pay compensation.          
                      
                    Announced.

 

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.