Order no.  4, dt. 24.8.2022

This case record is put up today as the applicant and op are found ready for hearing of this M.A. case.

Moreso, it’s connected C.c. case no. 69 of 2022 is also fixed today for filing evidence on affidavit by the complainant.

In this case W/O has been filed by the op side against the petition filed by the applicant for passing direction upon the op to supply water in the flat no. 309 of complainants lying at Diamond Plaza.

It is main point of contention and argument that the complainants are not getting water in the above noted flat due to inactive approach of the ops and the water supply is very much poor. It is also pointed out by the applicant side that this matter has been reported to the ops on 24.7.2022 and also on the previous dates but the opposite parties have not taken any steps for supply of water.

 On the other hand, it is the main point of contention and argument of the ops that the applicants have not paid full consideration money to the op and for that reason the sale of that flat has remained incomplete.  It is alleged that due to summer the level of water decreases and in every flat of Diamond Plaza there is deficiency in supply of water and the ops has no ill intention to deprive the applicants from getting water. It is also pointed out that the application which is filed by the complainant is not maintainable and so it is liable to be rejected.

On comparative studies of the point of contention depicted in the petition and it’s W/O it appears that there is shortage of supply of water. In course of hearing ld. Advocate for the ops pointed out that the complainant/ applicant can remove the defect by engaging his own plumber and the ops shall also provide and/ or depute their plumber so that the complainant/ applicant can get sufficient water in his flat no. 309 of Diamond Plaza. But facts remain that it is duty of the ops to  supply sufficient water to all the flat owners.

Considering all these aspects the prayer of the complainant/ applicant for supplying water sufficiently in their flat being no. 309 of Diamond Plaza is allowed.

The complainants are here by instructed to remove the defect by engaging his plumber and ops are also directed to depute their plumber so that the complainant/ applicant shall get sufficient water in their above noted flat. The complainant shall pay the charges for doing such work and the complainants are also directed to pay the monthly maintenance charges to the ops.

In the light of the observation made above the M.A. application which has been filed in this case is disposed on contest.

No order is passed as to costs.