Date of Filling     :  22.08.2016.

                                                                                           Date of Disposal :  03.03.2017.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.

PRESENT:  THIRU. S.  PANDIAN, B.Sc., L.L.M.,              …    PRESIDENT

                    TMT. S.  SUJATHA, B.Sc.,                           …    MEMBER - I

Consumer Complaint no.41/2016

(Dated this Friday the 03^rd day of March 2017)

P. Suresh Babu,

S/o. Mr. Parasuraman,

B-15, Vaanavil Aparments,

3^rd Main Road,

Indian Bank Colony,

Ambattur,

Chennai -600 053.                                                                 … Complainant.

                                                          / Versus /

1.  MIG FLATS RESIDENCE WELFARE ASSOCIATION – Ambattur,

     Rep. by its President,

     No.6, Vaanavil Apartments,

     3^rd Main Road,

     Indian Bank Colony,

     Ambattur,

     Chennai - 600 053.

2.  Mrs. Shenbaganarayanan,

     No.6, Vaanavil Apartments,

     3^rd Main Road,

     Indian Bank Colony,

     Ambattur,

     Chennai - 600 053.                                                       … Opposite parties.

This complaint is coming upon before us finally on 20.02.2017 in the presence of M/s. K. Mohamed Hussen, Counsel for the Complainant, the 1^st opposite party is set Exparte for non appearance and Mr. P.S. Boopathi, Counsel the 2^nd opposite party, initially appeared and subsequently, set Exparte for non filing of Written Version and upon hearing arguments, having perused the documents and evidences of the Complainant, this Forum delivered the following,

ORDER

PRONOUNCED BY THIRU. S.  PANDIAN, PRESIDENT

This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the 1 & 2^nd opposite parties for seeking compensation for a sum of Rs.50,000/- towards mental agony, to render proper service and fill up the water in complainant’s overhead tank regularly and evenly with cost Rs.5,000/-.

   2.      The brief averments of the complaint as follows:-

The complainant and his family are residing at No.06, Vaanavil Apartments, 3^rd Main Road, Indian Bank Colony, Ambattur – 600 053.   As per the Memorandum of MIG Flats Residence Welfare Association-Ambattur, Entrance Fees will be collected at Rs.300/- and subscription towards maintenance is Rs.50/- every month and however, the subscription has been collected as Rs.300/- till June 2015 and then raised the subscription as Rs.500/- from July 2015 every month.  There is no approval from the General Body Association for the raising of the above said maintenance fees and thereby, the collection of Rs.500/- will be illegal.  Hence a notice has been issued by the complainant to receive only Rs.50/- as subscription. 

3.       Subsequently, without any notice, water was not filled in the complainant’s overhead tank on 17.02.2016 and no one in the Association replied responsibly and he enquired the same and thereby, the complainant’s family suffered a lot on 18.02.2016 without water to get ready to the office and for cooking purposes.  Furthermore, they got water from somewhere 2 km away from the apartment.  Thereafter, the complainant came to know that water was not filled to the entire residents of the apartment due to some problem made to the  2^nd opposite parties due to her behavior towards the members of resident of the said apartments.  Likewise, on 21.02.2016, without any notice  water was not filled in the complainant’s overhead tank and on 22.02.2016 in the morning, water was filed in the complainant’s overhead tank that too, after the complainant’s wife appeal to the 2^nd opposite party.  However, on 23.02.2016 in the morning water was not filled and hence the complainant suffered great hardship.  The above act of the 2^nd opposite party is totally against the rules and regulations of the Association. 

4.       Therefore, the complainant sent a letter dated:19.02.2016 to the Executive Members of the 1^st opposite party and thereafter, the complainant sent a legal notice dated:23.02.2016 for the defective service but no reply from the 1 & 2^nd opposite parties.  Hence, again the complainant had issued legal notice dated:26.02.2016 to the 2^nd opposite party and the same was returned as refused.  Therefore, inspite of issuance of legal notice, the opposite parties have not come forward to rectify the defects.  Hence the complaint.

5.       In order to prove the case, the complainant has filed the proof affidavit as his evidence and  documents from Ex.A1 to Ex.A5 are marked on his side. 

6.     At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the 1 & 2^nd opposite parties as alleged in the complaint?

     2.  To what other reliefs, the complainant is entitled to?

7.       Written arguments filed and also oral arguments adduced on the side of the complainant.  Though the 1 & 2^nd opposite parties remained Exparte, this Forum wants to dispose the case fully on merits.

8.       Point no.1:-

          Regarding this point, on going through the evidence of the complainant adduced by means of Proof Affidavit, it is learnt that the complainant and his wife are the residents of the Vaanavil Apartment and the said Apartment is maintained by the 1^st opposite party’s Association.   Further, it is learnt that Ex.A1 is the Memorandum of Association initially it was collected Rs.300/- towards Entrance Fees and monthly subscription of Rs.50/- towards maintenance and thereafter, it has been raised to Rs.500/- from July 2015 for which, there is no amendment made in the Memorandum of Association and is not approved by the General Body of the Association and thereby, it would be illegal.    In this aspect, the complainant called upon for explanation to the opposite parties but no reply or action taken by the opposite party. 

9.       It is further stated by the complainant that without any notice the water was not filled in the complainant’s overhead tank on 17.02.2016, 21.10.2016 & 22.02.2016 and thereby, the complainant’s family have suffered a lot to get ready to the office and for cooking purposes.  The receipts for the payment of Rs.500/- is marked as Ex.A2.  At this point of time, the complainant has sent Ex.A3, letter dated:19.02.2016 to the Executive Members of the 1^st opposite party but no reply from them.  Therefore, the complainant had issued Ex.A4, legal notice to the 1 & 2^nd opposite parties and the same was received by them but not come forward to comply the demands and rectify the defects.  Again, the complainant sent Ex.A5, notice to the 2^nd opposite party and the same was returned as refused.  In such circumstances, without any alternative the complainant has come forward to file this complaint for deficiency of service of the opposite parties.

10.     Such being so, inspite of the notice sent by this Forum after filing this complaint, the opposite parties have neither appeared nor come forward to file his written version within the prescribed time and hence set Exparte.  Therefore, there is no contra evidence to the evidence adduced by the complainant as above and hence this Forum can easily be drawn an adverse inference against the 1 & 2^nd opposite parties. 

11.     From the foregoing among other facts and other circumstances, the complainant has proved the deficiency of service on the part of the opposite party for not providing water facilities to the complainant as per Ex.A1, the Memorandum of Association with relevant and consistent evidence.  Thus, the point no.1 is answered accordingly.

12.     Point no.2:-

As per the conclusion arrived in point no.1, the complainant is entitled for the relief in respect of water facilities along with reasonable compensation with cost.

In the result, this complaint is allowed in part.  Accordingly, the opposite parties are jointly or severally directed to render water service to fill up the water in the complainant’s overhead tank regularly in the ensuing period and to pay compensation of Rs.5,000/- (Rupees five thousand only) with cost Rs.2,000/- (Rupees two thousand only) totally of Rs.7,000/- (Rupees seven thousand only).

The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amount shall carry interest at the rate of 9.5% p.a.  till the date of payment.

Dictated by the President to the Steno-Typist, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this 03^rd March 2017.

Sd/-****                                                                                        Sd/-****

MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

Sd/-****                                                                                        Sd/-****

MEMBER - I                                                                             PRESIDENT