Andhra Pradesh

Chittoor-II at triputi

CC/30/2018

K.Raja Reddy, Secretory, Sri Sai Konda Residency Welfare Society, S/o. Gangi Reddy - Complainant(s)

Versus

Konda Haribabu, S/o Late Subramunswamy, Aged 65 years - Opp.Party(s)

K.Ajay kumar

27 Sep 2018

ORDER

Filing Date: 09.04.2018

Order Date:27.09.2018

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

THURSDAY THE TWENTY SEVENTH DAY OF SEPTEMBER, TWO THOUSAND AND EIGHTEEN

 

 

 

C.C.No.30/2018

 

 

Between

 

 

K. Raja Reddy,

Secretary,

Sri Sai Konda Residency Welfare Society,

Regd.No.11/2017,

S/o. Gangi Reddy,

Hindu, aged 60 years,

D.No.4-3-361/26, Giripuram,

Tirupati,

Chittoor District.                                                                              … Complainant.

 

And

 

 

1.         Konda Haribabu,

            S/o. late. Subramunaswamy,

            Hindu, aged about 65 years,

            D.No.361, Giripuram,

            Tirupati.

 

2.         The Commissioner,

            Tirupati Municipal Corporation,

            Tirupati.                                                                                 …  Opposite parties.

 

 

 

 

 

            This complaint coming on before us for final hearing on 12.09.18 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.K.Ajay Kumar, counsel for complainant, and opposite parties remained ex-parte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Sections–12 and 14 of C.P.Act 1986, praying for direction to the opposite parties to remove the unauthorized construction made in parking floor and to pay Rs.10,00,000/- towards damages for deficiency in service.

            2.  The complainant allegations are as follows:- The complainant is one of the flat owners bearing flat No.302 in Konda Residency Apartment, Giripuram, Tirupati, and also Secretary of Sri Sai Konda Residency Welfare Society, Regd. No.11/2017, at Tirupati. The said flat was purchased in the name of his wife Nagasubbamma vide Regd. Sale Deed No.471 dt:02.02.2002 from 1^st opposite party and M/s. Sathya Sai Builders and Consultants, who are land owner and builder. The plan for construction of apartment was duly approved vide BA No.180/99/G2 dt:29.02.2000, by                2^nd opposite party. The ground floor is meant for parking place as per the said plan. The land owner retained 5 flats towards his share. For some years the complainant is maintaining the activities of flat owners association, and thereafter subsequently the apartment association was registered with the Registrar of Societies, Tirupati. The Secretary is the authorized person to act on behalf of the flat owners association. A resolution was passed authorizing the complainant to look after the activities of the association and to take legal action, as the 1^st opposite party was making illegal constructions in the ground floor contrary to the approved plan. On 22.02.2017 complainant issued notice to 2^nd opposite party for removal of the unauthorized construction in the parking floor and the same was acknowledged by them. A copy of the notice was also marked to the Director of Town and Country Planning, Government of A.P., Guntur. The Director of Town Planning directed the 2^nd opposite party to take appropriate action as per the rules, but no action is initiated so far, even though he approached the authorities and requested for further action. On 09.01.2018 a reminder was issued by him.  The 2^nd opposite party, having received the reminder on 10.01.2018 failed to initiate any action. The flat owners are regularly paying taxes to 2^nd opposite party and therefore 2^nd opposite party is duty bound to remove the unauthorized construction, which were made in violation of approved plan. The members of the association invested lakhs of rupees for purchasing the flats and also paying thousands of rupees towards property tax. Thus, they are consumers within the definition of Section-2(d) of C.P.Act. The illegal acts of opposite parties 1 and 2 amounts to deficiency in service. Therefore, the opposite parties are liable to compensate the flat owners to a tune of Rs.10,00,000/- and further the opposite parties  1 and 2 are directed to remove the unauthorized constructions in the parking floor.

            3.  The opposite parties 1 and 2 remained exparte though notices were served.

            4. Chief affidavit filed by P.W-1 reiterating the averments made in the complaint. In support of affidavit contents Exs.A1 to A8 are marked.

            5.  The point for consideration is whether there is deficiency in service on the part of opposite parties? If so, to what extent the complainant is entitled for the reliefs sought in the complaint?

            6. Point:- The complainant filed written arguments contending that he purchased flat No.302 in Konda Residency Apartment in the name of his wife under registered sale deed  No.471 dt:02.02.2002 from 1^st opposite party and one M/s. Sathya Sai Builders and Consultants, and by virtue of being owner of one of the flats in the said apartment, he became Secretary of said Sri Sai Konda Residency Welfare Society, bearing registered No.11/2017, and that as per the approved plan for the construction of apartment vide BA No.180/99/G2 dt:29.02.2000, the ground floor is meant for entire parking and no construction shall be made in the said ground floor. But contrary to the approved plan, 1^st opposite party constructed 3 shops, 1 double bed room, 2 single bed rooms, residential flats illegally in January 2017 resulting deprivation of parking area for flat owners. It is further argued that 2^nd opposite party did not take any action inspite of issuance of notice, and therefore illegal acts committed by opposite parties 1 and 2 amounts to deficiency in service and as such complaint may be allowed by passing appropriate directions with regard to payment of compensation and removal of illegal construction.  

            7.  Ex.A1 is Certificate of Registration in the name of Sri Sai Konda Residency Welfare Society. The wife of the complainant is shown as Sl.No.9 in the members details attached to the Certificate of Registration. Ex.A2 is photocopy of served approved plan in B.A.No.180/1999/G2, dt:29.02.2000, issued by 2^nd opposite party. Ex.A3 is the resolution passed by Sri Sai Konda Residency Welfare Society, authorizing the flat owners and tenants in the said apartment to deposit maintenance charges in the nearby Syndicate Bank. Ex.A4 is legal notice dt:22.02.2017 issued by complainant advocate to the Municipal Commissioner, Tirupati, calling upon to remove all the unauthorized constructions in the ground floor and initiate necessary action against Mr.Konda Hari Babu, who violated the building plan conditions and norms. Ex.A5 is another notice issued by complainant counsel to the District Registrar of Associations, asking him to cancel Konda Residency Welfare Association registration, which was submitted by Mr. Konda Hari Babu, by making allegations that the said Hari Babu knowing well that there is already a registered society for Konda Residency Apartment, again got registered another society for the same apartment, suppressing earlier registration of society. Ex.A6 is letter from the Director of Town and Country Planning to the Municipal Commissioner, Tirupati, asking him to take appropriate action on the said illegal cnostructions as per rules. Ex.A7 is photocopy of application to the 2^nd opposite party under RTI Act, seeking certain information regarding illegal constructions in the Kond Residency Apartment and the proceedings issued by the Director of Town and Country Planning, Guntur, in LRC No.1031/2017/A/ dt:16.03.2017. Ex.A8 is acknowledgement by 2^nd opposite party for receiving Ex.A7.

            8.  With regard to averments in paragraph.3 of the written arguments that complainant was duly authorized by the association to take legal action against the opposite parties, the complainant relied on Ex.A3, which is resolution copy. But as seen from Ex.A3, no minutes are recorded to the effect that the complainant is duly authorized on behalf of flat owners to take legal action against the opposite parties      1 and 2. No document is filed to show that 1^st opposite party made illegal constructions in violation of approved plan. Ex.A2 only shows that there is approved plan issued by 2^nd opposite party. Merely basing on the allegations leveled against the opposite parties without documentary proof, it cannot be decided that illegal constructions are made. Further the complainant has no locus standi to represent on behalf of Sri Sai Konda Residency Welfare Society, since no document is filed to show that he is the Secretary of the said welfare society and that he is authorized by the flat owners to approach court of law. The relief sought by the complainant is in the nature of mandatory injunction and the same cannot be granted by this Forum. When the facts narrated by the complainant required elaborate evidence, we are of the view that this Forum has no jurisdiction to entertain the same. Hence, we are inclined to dismiss the complaint.

            9.  In the result, complaint is dismissed. No costs.               

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 27^th day of September, 2018.

 

        Sd/-                                                                                                                     Sd/-                                              

Lady Member                                                                                               President (FAC)

 

APPENDIX OF EVIDENCE

 

 

    

Witnesses Examined on behalf of Complainant/s.

 

PW-1:  K. Raja Reddy (Evidence Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Mee seva copy (in Original) of Certificate of Registration bearing No.11 of 2017 issued by Registrar of Societies, Sri Balaji Registration District, Andhra Pradesh. Dt: 12.01.2017.
	Photo copy of Served Plan approved in B.A.No.180/1999/G2, Dt: 29.02.2000 issued by the Respondent No.2.
	Board members resolution letter in original. Dt: 01.02.2017.
	Legal Notice to the respondent No.2. Dt: 22.02.2017.
	Office copy of Legal Notice to The District Registrar of Associations, Sri Balaji Registration District, Opposite to TUDA Building, Tirupati. Dt: 23.02.2017.
	Original copy of Reply from the Director of Town and Country Planning, Amaravathi Road, Guntur. Lr.Rc.No.1031/2017/A, Dt: 16.03.2017.
	Photo copy of Application to the respondent No.2 under RTI Act. Dt: 09.01.2018.
	Acknowledgement Card in original. Dt: 10.01.2018.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

                                                                                                                        Sd/-

                                                                                                                President (FAC)

      // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                                                   Dist. Consumer Forum-II, Tirupati.

 

  Copies to:-   1.  The complainant.

                        2.  The opposite parties.