BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 28^TH DAY OF MARCH 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act, 1986 praying for an order against OP (a) to provide A-Khatha, occupancy certificate, building sanction plan betterment charge receipt, (b) to register the Association under Karnataka Apartment Act, (c) To repair the damages of the flat (d) to pay compensation of Rs.15,00,000/- towards mental agony caused to the complainant and his family members.

2.      The brief averments made in the complaint are as follows:

Complainant is the absolute owner of the flat No.104, Ist Floor “Sundher Paradise” Apartment AECS Layout, Kundalahalli, Bangalore-560037 formed in Sy No.44/2, Khatha No.174, situated at Chinnappanahalli Village, K.R.Puram hobli, Bangalore East Taluk presently under Mahadevapura C.M.C.  Complainant purchased the said property through sale deed dated 10.09.2004 executed by OP along with the builders which is registered as Document No.KRI-1-16467-2004-05 stored in C.D. No.  KRID70, Volume No.1 of the book dated 10.09.2004 in the office of Sr. Sub-Registrar, K.R.Puram, Bangalore for a total consideration of Rs.20,650/-.  Till date complainant is in possession of the said property.  Due to poor quality construction water is leaking into the apartment damaging his personal goods, causing electricity short circuit, power shock while operating the switches, due to dampness fungus in the wall and dust which resulted in health issues like wheezing, allergies to elderly family members and children.  Due to non-registration of association by builder, no maintenance is being carried out hence complainant and his family members could not lead a normal life.  Inspite of repeated requests OP has not furnished A-khatha, occupancy certificate, building sanction plan, betterment charges paid receipt.  Inpsite of repeated requests OP has failed to form apartment resident association as per Karnataka Apartment Act.  Complainant wrote a letter to OP dated 03.10.2015 and 20.11.2015 requesting OP to comply his demands.  There was no response from OP.  Hence, complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP was placed exparte and posted the case for filing affidavit of the complainant.

4. In support of his complaint, Sri.Shanumuga Sundaram Dhandapani, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments and produced documents.

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of his complaint, complainant has produced the documents.  Document No.1 is copy of the Registered Sale deed dated 10.09.2004 executed by Developers M/s.Sundher Infrastructure Development Corporation and OP, who is a GPA holder of land owners in favour of the complainant for having sold flat No.104, Sunder Paradise, Chinnappanahalli Village, K.R.Puram Hobli, Bangalore East Taluk, presently under Mahadevapura C.M.C for a total sale consideration of Rs.20,650/-.  The said sale deed is registered at Document No.KR-1-16467 2004-05 in Volume I of the book and stored as C.D. No.KRID 70 dated 10.09.2004 in the office of Senior Sub-Registrar, K.R.Puram Bangalore (Urban) vendors after execution of joint development agreement dated 29.07.2002 obtained a sanction plan from Mahadevapura C.M.C. for construction of residential apartments vide L.P.No.534/2002-03 dated 16.10.2002.  Document No.2 is an endorsement issued by BBMP to the complainant dated 06.03.2014 for his R.T.I application asking for Khatha. BBMP has replied stating they have already issued endorsement dated 12.05.2013 to produce (a) building sanction plan copy (b) occupancy certificate (c) betterment charge paid receipt.  Till date OP has not replied or produced any documents and asking the complainant to come to office with the documents.  The said endorsement is dated 06.03.2014.  Document No.3 is postal receipts for having sent letters to OP on 03.10.2015 and 20.11.2015.

7.  We have perused the oral and documentary evidence produced by the complainant.  It is crystal clear that complainant is an absolute owner of the flat bearing No.104 Sunder Paradise, K.R.Puram, Bangalore East Taluk. Complainant is in peaceful possession of the flat from 10.09.2004 till date.  Now the grievances of the complainant is that due to poor quality construction, water is leaking into the apartment damaging house hold goods and causing electrical short circuit, power shock while operating the switches.  Due to dampness fungus is formed causing health problems like wheezing, allergies to the elder members of the family and children.  Inpsite of repeated requests OP failed to form/register the apartment Residents association.  In the absence of the maintenance of the flat complainant could not lead a normal life.  Hence, this complaint.

8. From the available materials on record, it is crystal clear that complainant is the owner of this flat No.104 Sundar Paradise, K.R.Puram, Bangalore East Taluk, since 10.09.2004 as per document No.1 sale deed.  For more than 10 years after sale transaction till date OP has not produced building sanction plan, occupancy certificate, and betterment charges paid receipt as per Document No.2 endorsement dated 06.03.2014 issued by BBMP to the complainant’s R.T.I application.  As per Rule 7 of Apartment Ownership Rules 1975 the deed of apartment shall be accompanied by copy of relevant floor plan of the building.  Non issuance of building sanction plan, occupancy certificate, and betterment charges paid receipts to the complainant by OP amounts to unfair practice and deficiency in service on the part of the OP.  The OP is liable to furnish the required documents before B.B.M.P.  so as to enable the B.B.M.P. to issue A-khatha Certificate.  This forum is not empowered to give such directions to B.B.M.P. to issue A-Khatha. Further complainant has not produced any reports or any materials to substantiate his claim in respect of damages caused to his flat.  Hence, we are unable to consider his claim in respect of repair to the damages caused to his flat in the absence of any material evidence. 

9. As per Section 9 of Karnataka Apartment Ownership Flat (Regulation of the promotion of construction, sale, management and transfer) Rules, 1975 the promoter shall within four months from the date of minimum members of persons required to form such organisation have taken flats, by executing declaration and deed of Apartment shall inform the Registrar of Co-operative Society for Registration if Apartments owners being not less than five.  In the present complaint the complainant has not mentioned how many apartments have been constructed in the schedule building and hence we are unable to consider this claim of the complainant to give direction to OP for registration of association/organisation.  As per Section 10 of Karnataka ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act 1972 the promoter shall as soon as minimum number of persons have taken flats within the prescribed period shall submit an application to the Registrar for Registration of organisations of persons who takes the flats as a co-operative society or as a company.  Further as per Section 11 of said Act the promoter shall deliver all the documents of title relating to the property which is in his possession failing which promoter is liable for penal action.  Thus OP is solely responsible to procure A-Khatha from BBMP by furnishing the required documents to BBMP. We are satisfied that complainant proved deficiency in service against OP.  Under the circumstances, OP is liable to issue building sanction plan, occupancy certificate, betterment charges paid receipt to the complainant along with compensation of Rs.15,000/- towards mental agony and deficiency in service and to pay litigation cost of Rs.2,000/- to the complainant.    Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2. OP is directed to issue occupancy certificate, building sanction plan and betterment charges paid receipt to the complainant.

3. Further OP is directed to pay compensation of Rs.15,000/- towards mental agony and deficiency in service along with litigation cost of Rs.2,000/- to the complainant.

4.  The OP shall comply this order within 60 days from the date of receipt of this order.

5. Supply free copy of this order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the  28^th day of March 2016)

MEMBER                          MEMBER                          PRESIDENT

NRS* 

COMPLAINT NO.2076/2015

Witness examined on behalf of the complainant dated 18.02.2016 Sri.Shanmugasundaram Dhandapani

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP– Nil

MEMBER                             MEMBER                         PRESIDENT