Tamil Nadu

South Chennai

CC/393/2005

Vasanth apartment C Block - Complainant(s)

Versus

M.S.Rajamanickam, - Opp.Party(s)

C.Regurajan

05 Dec 2017

ORDER

                                                                        Date of Filing :   04.02.2005

                                                                        Date of Order :   05.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.393/2005

TUESDAY THIS 5^th DAY OF DECEMBER 2017

Vasanth Apartments C-Block,

Owners Association

(Regn.No.160/2003),

No.10, Maduraisamy Madam Street,

Perambur, Chennai 600 011.

Rep. by its President,

S.Arunachalam.                                                      Complainant

 

                                         Vs 

 

Mr. M.S.Rajamanickam,

Proprietor,

Vasanth Builders,

No.40, C.P. Ramasamy Salai,

Alwarpet,

Chennai 600 018.                                           Opposite party

 

Counsel for Complainant              :   M/s. S. Selvaraj         

Counsel for opposite party           :   M/s. K.R.Neelambar     

 

ORDER

THIRU. M. MONY, PRESIDENT

 

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to give the completion certificate to all the members of our association duly obtaining the same from the concerned authoritiesand to pay a sum of Rs.1,00,000/- as compensation for hardship and financial loss and to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

        The complainants submit that the member of the complainant’s association purchased the flats from the opposite party individually at different points of time especially while the scheme of Vasanth Apartments “C” block was an ongoing project.   Thus a portion of land measuring 15,850 sq. ft. next to the existing building of Block B shown in the schedule B of the sale deed was said to be taken up for construction and development of  flats as “C block apartment.     From the said 15,850 sq. ft.  of land undivided share of different portions of lands were sold by the builder.  As per the agreement for supervision and management services it is stated that the purchaser members of the association offered to engage the services of the engineer for a payment of Rs.30,000/-.    The complainant further submit that thus entire transaction including selling of undivided shares, constructing of flats and selling of flats to the purchaser members of the association is done by M/s. Vasanth Builders represented by its proprietor M.S. RAjamanickam only.    Therefore  he is responsible to give us completion certificate certified by the concerned authorities to ascertain that the construction has been completed in  perfect manner.   The completion certificate would be issued by the CMDA only after due verification of the construction.   This system is made in law to avoid incompletion or deviation by any builder.   Therefore the not issue of completion certificate even after the handing over of the last flat on 26.5.2004 is a serious lapse of deficiency on the part of the builder of Vasanth Apartment C block.    The complainant further contended that even after the entire payment of the cost of flats was received by the builder he failed to issue the completion  certificate.      As such the act of  the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the opposite party are  as follows:

      The opposite party deny each and every allegations except those that are specifically admitted herein.   The opposite party state that  it is specifically denied save such of those that are specifically admitted herein.  It is submitted that the opposite party namely M.S.Rajamanickam acted as power of attorney to sell the property comprised of 15,850 sq. ft on behalf of the Smt. Parasakthi Ammal and three others.    The capacity of M/s. Rjamanickamis only a power agent and no title is vested on him and hence it is not a sale by M.S. Rajamanickam.   The recital in the sale deed clearly indicates the vendors is represented by the power of attorney and this fact is known to the individual members of the association and they cannot treat this opposite party as vendor.    Further it is admitted that Rs.30,000/- is remunerated as supervision service by each flat owners.   Therefore the necessity of obtaining completion  certificate does not rest on the shoulder on the opposite party. The building was completed as per the specification and the key was handed over to them and acknowledgment was obtained and all the records of measurement are available including site measurement verification.   Therefore the question of obtaining completion certificate cannot be pindown on the opposite party and according there is no deficiency in service.    The letter cited by the complainant  does not create binding obligation to obtained completion certificate.   It is not correct to state that property cannot be resold without completion certificate and more so the complainant association has to make appropriate steps in this regard and once the key is hand over no more additional responsibility can be fixed by imagination.   The complaint has to settle disputes through arbitration by mutual agreed arbitrator as per the Cla. No.8 of the agreement which is extracted as follows:

Any dispute between client and the Engineer/Manager relating to the interpretation of any of the clauses in this agreement or in respect of any matter arising under this agreement shall be referred to a mutually agreed arbitrator “

Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A27 marked.  Proof affidavit of opposite party filed and no documents marked on the side of the  opposite party and also Ex.C1 marked. 

4.   The points for the consideration is: 

1.  Whether the complainant is entitled the completion certificate as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- as compensation for mental agony with cost as prayed for?

 

5. POINTS 1 & 2:

          Heard both parties.  Perused the records (viz) complaint, written version, proof affidavit and documents etc.    The contention of the complainant is that the member of the complainant’s association purchased the flats from the opposite party individually at different points of time especially while the scheme of Vasanth Apartments “C” block was an ongoing project and the constructions were partly completed.   But on a careful perusal of the documents and proof affidavit it is very clear that the opposite party is a power of attorney of the owners of the land and the complainant purchased the undivided share from the owners  and entered into the agreement  of construction with the specific Clause 12 & 13 which read as follows:

12. As the owner of the building materials the client shall insure the building materials against fire, theft etc.

13.  The Engineer / Manager is having a collective responsibility of organizing the construction of the composite scheme of flats, the client shall not dispense with the services of the Engineer / Manager order any circumstances.

Proves that the opposite party is a builder on supply of materials by the complainant.  Further the learned counsel for the complainant contended that Mr. M.S.Rajamanickam M/s. Vasanth Rajamanickam the opposite party by chaning their identity as who is the in order to Vasanth Builider and Mr. Rajamanickam  acting by various document as power of attorney

 

  Considering the facts and circumstances of the case this forum is of the considered view that the complainant is not entitled for any relief as prayed for in the complaint and the points 1 & 2 are answered accordingly.

        In the result, the complaint is dismissed.No cost.  

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 5^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants’ side documents:

Ex.A1-                - Copy of Brochure.

Ex.A2-               - Copy of Advertisement of Builders scheme.

Ex.A3-                - Copy of Sketch of Approved plan.

Ex.A4              - Copy sketch of approved plan. (Ground floor).

Ex.A5- 5.11.2001  - Copy of sale deed of the flat.

Ex.A6-              - Copy of Agreement of supervision and management

                              services.

Ex.A7- 26.11.2002         - Copy of Representation from the complainant  to opposite

                              party builder.

Ex.A8- 28.11.2002         - Copy of representation from the complainant to opp. party.

Ex.A9- 30.11.2002         - Copy of reply from opposite party builder to complainant.

Ex.A10- 1.12.2002         - Copy of representation from the complainant to opp. party.

Ex.A11- 8.12.2002         - copy of reply from opp. party builder to complainant.

Ex.A12- 11.12.2002-Copy of representation from the Block-A Associations

Ex.A13- 25.12.2002-Copy of reply from the opp. party.

Ex.A14- 31.12.2002- Copy of representation from the complainant.

Ex.A15- 7.3.2003  - Copy of representation from the complainant.

Ex.A16- 8.4.2003  - Copy of reply from the opposite party.

Ex.A17- 16.5.2003         - Copy of representation from the A-Block

Ex.A18- 20.7.2003 – Copy of reply from the opp. party.

Ex.A19- 28.7.2003         - Copy of representation from the complainant.

Ex.A20- 19.8.2003         - Copy of reply from opposite party

Ex.A21- 29.3.2004         - Copy of legal notice.

Ex.A22. 29.3.2004          - Copy of reply  notice.

Ex.A23- 21.7.2004         - Copy of rejoinder sent by the advocate.

Ex.A24- 30.8.2004         - Copy of representation from the complainant to opp. party.

Ex.A25-              - Copy of CMDA approved plan

Opposite party side document:      Nil 

Ex.C1 8.8.2006  - Copy of Advocate Commissioner Report.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.