DATE OF FILING-4.7.2013

                                                                                    DATE OF DISPOSAL-21.5.2014

                                               O R D E R

Miss S.L.Pattnaik,President

      This is  a case filed by  the Secretary of  M/s. Vivekananda Tower House Owners’ Association duly authorized by the Executive Body of the said house  owners.  The grievance of the complainant is that  there are fifty five house owners  having five numbers of floors viz.A,B,C,D and E with 2 BHK and 3 BHK quarters  in the apartment namely Vivekananda Tower built  at Third Tota Street,measuring of 18060 Sq. ft. which comes under the Berhampur Municipality.  The Opposite Party is the developer of the said Tower and running his establishment in the name and style of M/s. L.P.Developers.  It is alleged that the Opposite Party in his brochure had  pointed out the facilities to be given to the owners of such flat like approval of B.D.A and Fire clearance from appropriate authorities, two numbers of well designed lifts,R.C.C.structures,complying IB Code,etc.  But after handing over of the  flats the Opposite Party did not comply the above facilities.  It is further alleged that the Opposite Party was collecting maintenance charges  and in this regard the complainant was paid Rs.1,37,500/- for the period from January,2012 to March,2012, but the Opposite Party did not bother to take up the maintenance works.  The approval of BDA for the 5^th floor has not yet been done by Opp.Party. Besides this  the letter of possession has

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not been issued to individual flats in the name of house owners and provision of lightening arrester which is mandatory has not been provided by the Opposite Party.    All such facts were intimated to Opposite Party vide complainant’s letter dt.29.4.2012,but the Opposite Party in his letter dated 10..5.2012 has given evasive response.  An Advocate Notice  for removal of deficiency in handing over of the flats and to comply the facilities required to be provided ,but the Opposite Party did not comply and in reply  vide his letter dated 20.2.2013 given unrealistic reply to ;the complainant.  In the meantime, the complainant invited the Opposite Party to be present in person in their General Body Meeting  held on 21.4.2013 for amicable settlement but the Opposite Party did not care to attend the meeting.  The complainant in their General Body Meeting dt.26..5.2013 decided  for the safety of the house owners to meet the  expenses towards fitting of Lightening Arrester at the cost of Rs.1,62,000/-.  Similarly, they have constructed the Grill Fencing at the blank gap of the Stair case at Rs.1,09,000/- and Rs.10,000/- towards repairing of stair case.  Apart from the above, the Opposite Party has not done maintenance works though collected Rs.1,37,000/- from the complainant and repairing of boundary work at the cost of Rs.21,125/-.    It is also alleged that  during construction the Opposite Party had used the electricity for commercial purpose. But while handing over of the flats to the respective owners did not convert it to domestic purpose as a result the house owners were to meet the expenses of Rs.1,65,000/-.   It is contended  by the complainant that the Opposite Party has violated the terms and conditions enumerated in his brochure and agreement for which the Opposite Party would be liable to comply all those facilities as per the brochure and agreement made at the time of handing over of the flats.  Hence, this case with a prayer for extending the facilities as above or to  pay Rs.4,67,725/- as per the estimation to meet the requirements towards lightening Arrester, Grill Fencing, Stair Case Railing Construction, etc.  Besides this an amount of Rs.1,60,000/- has been claimed towards compensation for loss, damaged and harassment caused to him and cost of litigation as a whole.

2-  Despite service of notice upon Opposite Party, he  did neither contest the case nor file written version even after given several opportunities.  Hence, the Opposite Party was set ex-parte on date 18.12.2013 and the case is heard from the side of the complainant.

3-         The complainant in support of his case has filed voluminous documents to prove the allegations against the Opposite Party which are placed on record and marked as Annexure 1

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to 9 respectively.  We have gone through the case in detail and  perused the documents  filed by the complainant .   It is the case of the complainant that the Opposite Party has handed over the flats to the respective owners.  But after handing over possession of the flats the Opposite Party did not comply the required amenities which was promised in the brochure.  The owners of the flat through  their registered Association intimated for doing the needful, but the Opposite Party has seemed to be avoiding in nature.  Firstly, the Executive Body of the Association in their letter dt.29.4.2012(Annexure-2) wrote to Opposite Party requesting him, inter-alia, for approval of 5^th floor from B.D.A.,Berhampur, handing over of  individual possession letter, provision of PHD drinking water, provision for fire safety, individual electric meter, grills besides the stair case landing, safety protection boundary, provision for lightening arrester and other maintenance works to be completed as priority basis.    Thereafter, the complainant has reminded through legal notice  dated 29.1.2013 but the Opposite Party did not sort out the problems of the flat owners.  However, the Opposite Party in his letter dt.20.2.2013 (Annexure-5)accepted the issues mentioned above and assured to solve the problem, but the Opposite Party did not solve the problem which has led the flat owners to file this case through the complainant.  Due to non-appearance of the Opposite Party despite receipt of notice of the Forum, we fail to understand the reason for non-fulfilling the amenities as claimed by the complainant.  Therefore, we are to accept the contentions of the complainant since it seems that there is force in the claim of the complainant.

4-         In the result, we allow the case of the complainant ex-parte against Opposite Party.  We direct the Opposite Party to provide all necessary amenities  like provision for lightening Arrester, Grill fencing, stair case railing construction and other maintenance works as pointed out by the Association vide its  letter dt.29.4.2012 filed in Annexure-2 before us in this case within 3 months from the date of receipt of this order.  In the event of non-compliance of this order as above, the Opposite Party has to pay Rs.4,67,725/-(Rupees Four lakhs sixty seven thousand seven hundred twenty five) as claimed by the complainant in favour of the Vivekananda Tower House Owners’ Association to meet the above expenses.  Taking into consideration the circumstances of the case, we are not inclined to award any compensation in favour of the complainant.  However, a sum of Rs.5000/-(Rupees five thousand) is awarded towards cost of litigation to meet the ends of justice.  Non-compliance of the order as above, the entire amount would carry interest @ 6% per annum thereafter till

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actual payment is made.  The case is disposed of accordingly. 

Copy of the order be furnished to the parties free of cost.

 Dictated and corrected by me on this 21st day of May,2014.

           I AGREE                                     I AGREE                                     PRESIDENT

(Dr.N.Tuna Sahu,Member)          (Mrs.Minati Pradhan,Member)        (Miss S.L.Pattnaik)