Tamil Nadu

South Chennai

CC/401/2017

N Aravamudan - Complainant(s)

Versus

Mr.Mahesh Khanna - Opp.Party(s)

N Srinivasa Raghavan

06 Sep 2019

ORDER

                                                              Complaint presented on : 10.11.2017

                                                              Date of Disposal            : 06.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.401/2017

DATED THIS FRIDAY THE 06^TH DAY OF SEPTEMBER 2019

                                 

N. Aravamudhan,

S/o. Mr. V. Narasimhan,

No.47, T.P. Koil Street,

Triplicane,

Chennai – 600 005.                                                         .. Complainant.

                                                                                                 ..Versus..

1. Mr. S. Mahesh Khanna,

Secretary,

Mahalaxmi Flats Welfare Association,

Flat No.A-7, Mahalaxmi Flats,

Old No.2/23, New No.25, Appakannu Street,

Royapettah,

Chennai – 600 014.     

 

2. Mr. R. Sankaran,

Water Management Committee,

Mahalaxmi Flats Welfare Association,

Flat No.A-5, Mahalaxmi Flats,

Old No.2/23, New No.25, Appakannu Street,

Royapettah,

Chennai – 600 014.

 

3. Mr. S. Govindarajan,

Mahalaxmi Flats Welfare Association,

Flat No.B-6, Mahalaxmi Flats,

Old No.2/23, New No.25, Appakannu Street,

Royapettah,

Chennai – 600 014.

4. Mr. N.J. Padmanabhan,

Water Management Committee,

Mahalaxmi Flats Welfare Association,

Flat No.B-7, Mahalaxmi Flats,

Old No.2/23, New No.25, Appakannu Street,

Royapettah,

Chennai – 600 014.                                               ..  Opposite parties.

          

Counsel for the complainant  :  M/s. N. Srinivasa Raghavan &

                                                   another

Opposite parties 1 to 4           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 4 under section 12 of the Consumer Protection Act, 1986 prays to grant relief of drinking water restoration by the opposite parties forthwith ordered and to pay a sum of Rs.2,00,000/- towards compensation for rental loss mental sufferings and torture and harassment purposely caused by the 3^rd opposite party joined by other opposite party.

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

The complainant submits that he is the absolute owner of the flat bearing No.A-1 in the Ground Floor, Mahalaxmi Flats, Old No.2/23, New No.25, Appa Kannu Street, Royapettah, Chennai – 600 014.  The complainant is working as an Assistant General Manager, NABARD and put in incharge of Agricultural sector to monitor the Agriculture problem and posted in various places mysuru, Hyderabad, Bombay, Bangalore etc.  The complainant submits that he used to visit the flat and the flat having seen its long years found that the flat needed painting, change of fillings, replacing new windows and other related works and commenced the renovation works around beginning of September 2017 requesting the occupant to vacate and hence through contractor work of renovation was started.   The complainant submits that when he commenced his renovation work, the opposite party, Association Secretary and others suddenly without any intimation disconnected the water supply including drinking water which caused great inconvenience resulting very difficult to conduct renovation work and for the basic amenity of water supply.  The complainant submits that the opposite parties informed that water charges for repair work should be paid at the rate of Rs.2,200/- and was paid by the complainant.   The complainant submits that due maintenance charges of Rs.1,000/- per month was paid regularly.  The complainant submits that due to the sudden disconnection of water supply, the tenants occupied the apartment was put to great hardship.   

2.     The complainant submits that the request made to the secretary to restore the water connection both drinking and boring on phone and the secretary pleaded that he was not aware of anything and that he was even prepared to resign from the Managing Committee and further advised the complainant to contact the 3^rd opposite party Mr. S. Govindarajan.   The complainant submits that after paying Rs.2,200/- towards water charges no official receipt was given but SMS was sent through Watsapp and the opposite parties assured that water connection would be restored immediately.   No official receipt for the payment made by the complainant was given and instead only purchase bill for water has been sent in watsapp.   The act of the opposite parties amount to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     Mr. N. Poovanalingam, Advocate filed Vakalath for the opposite parties 1 to 4 but subsequently failed to file written version within the stipulated time and hence, the opposite parties 1 to 4 were set exparte..

4.     Though the opposite parties 1 to 4 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A22 are marked.

6.      The points for consideration is:-

1. Whether the complainant is entitled to have the restoration of drinking water supply as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards rental loss, mental agony, harassment, deficiency in service etc as prayed for?
3. Whether the opposite parties shall be punished for the act committed against the interest of the complainant as prayed for?

 

7.      On point:-

The opposite parties 1 to 4 after filing Vakalath failed to file written version and remained ex-parte. The complainant filed proof affidavit, documents, written arguments etc.  Heard the complainant’s Counsel also. Perused the records namely; the complaint, proof affidavits and documents of the complainant.  The complainant contended that he is the absolute owner of the flat bearing No.A-1 in the Ground Floor, Mahalaxmi Flats, Old No.2/23, New No.25, Appa Kannu Street, Royapettah, Chennai – 600 014.  The complainant is working as an Assistant General Manager, NABARD and put in incharge of Agricultural sector to monitor the Agriculture problem and posted in various places mysuru, Hyderabad, Bombay, Bangalore etc.  Thereby, the complainant was not able to reside in the apartment and leased out the apartment.   Further the contention of the complainant is that his flat is 25 years old needs minor repairs, change of flooring tiles and renovation work etc.  The opposite party, Association Secretary and others suddenly without any intimation disconnected the water supply including drinking water which caused great inconvenience resulting very difficult to conduct renovation work and for the basic amenity of water supply.  

8.     Further the contention of the complainant is that  the opposite parties informed that water charges for repair work should be paid at the rate of Rs.2,200/- and was paid by the complainant as per Ex.A16. While filing the case, the complainant also filed an CMP No.367 A/2017 for interim relief of restoration of water connection which was ordered and thereafter, the total issue of resorting the water supply was effected.  Further the contention of the complainant is that due maintenance charges of Rs.1,000/- per month was paid regularly.  But as per Ex.A13, a sum of Rs.1,840/- alone paid on 19.02.2018 proves there is no arrears.  Further the contention of the complainant is that due to the sudden disconnection of water supply where the tenants of the complainant is occupied the apartment was put to great hardship.  But it is accepted that while carryout the renovation work, water supply was disconnected. Under such circumstances, no tenants can occupy the building proves there shall be no loss muchless, rental loss.  Further the contention of the complainant is that for the sudden disconnection of water supply, the opposite parties may be punished.  But under which provision such relief of provision sought for is not pleaded and proved in this case. Considering the facts and circumstances of the case, this Forum is of the considered view that immediately after filing the case as per the order in CMP No.367 A/2017, the opposite parties restored the water connection and the complainant paid the current water charges only after filing the case.   Hence, the opposite parties 1 to 4 shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite parties 1 to 4 jointly and severally are directed to pay a sum of Rs.10,000/-  (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

  The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	23.10.2017	Copy of legal notice to the opposite parties
Ex.A2	24.10.2017	Copy of acknowledgement card from the 1st opposite party, Mahesh Khanna
Ex.A3	24.10.2017	Copy of acknowledgement card from the 2nd opposite party, R. Sankaran
Ex.A4	24.10.2017	Copy of acknowledgement card from the 4th opposite party, N.J. Padmanabhan
Ex.A5	24.10.2017	Copy of returned cover from S. Govindarajan, the 3rd opposite party with an endorsement “refused”
Ex.A6	18.06.2009	Copy of High Court case reference on the same issue of Cosmo Towers
Ex.A7	04.01.2016	Copy of similar case reference (Bombay Society Case)
Ex.A8	15.09.2017	Copy of water charge receipt
Ex.A9	22.02.2018	Copy of Docket Order in CMP No.367 A/2017 in C.C. No.401/2017 dated:20.02.2018
Ex.A10	19.02.2018	Copy of cheque for a sum of Rs.1,840/- drawn on State Bank of India in favour of Mahalakshmi Flats Welfare Association
Ex.A11	26.02.2018	Copy of legal notice to the opposite parties with acknowledgement cards in original (4 nos.)
Ex.A12	11.08.2006	Copy of the letter from the complainants tenants from the flat to the complainant informing that association stopped issuing receipt
Ex.A13	19.02.2018	Copy of cheque for maintenance charges paid through then tenant Narasimhan which was handed over to Association
Ex.A14	14.10.2005 22.05.2006 28.03.2006 15.09.2019	Copy of receipt for the payment for one day to the association for the usage of water by the complainant / water bills filed through Chennai Central Co-operative bank by cash
Ex.A15		Copy of details of SMS to the Advocate by flat owner and also to the Association
Ex.A16		Copy of receipt for the payment of metro water charges
Ex.A17		Copy of receipts given by the Chennai Central Co-operative Bank Ltd.

 

 

 

MEMBER                                                                                                                                                                             PRESIDENT