Haryana

Karnal

CC/445/2019

Smt. Bindu - Complainant(s)

Versus

M/s Ansal Housing & Construction Limited - Opp.Party(s)

Anil Kumar Kundu

19 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 445 of 2019

                                                        Date of instt.17.07.2019

                                                        Date of Decision:19.12.2022

 

Smt. Bindu wife of Fateh Singh, resident of house no.007, Ansal Town, Sector-36, Karnal.

                                               …….Complainant.

                                              Versus

 

1.     M/s Ansal Housing and Construction Ltd. registered office 110, Indra Parkash Building 21, Barakhamba Road, New Delhi-110001.

        Corporate Office:-GF-SR-18, Ansal Plaza, opposite Dabur Chowk, Vaishali, Ghaziabad (UP).

 

2.     M/s Ansal Housing & Construction Ltd. regional office Sector-36, Ansal Town, Karnal.

                                               

3.     Sunrise Estate Management Services registered office 110, Indra Parkash Building 21, Barakhamba Road, New Delhi-110-001.

 

4.     Sunrise Estate Management Services, regional office Sector-36, Ansal Town, Karnal.

                                                                         …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

Argued by: Shri Anil Kumar Kundu, counsel for the complainant.

                   Shri Dinesh Chauhan, counsel for the OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OP no.1 is the construction company, which deals in constructing the housing colony, under the name and style of M/s Ansal Housing & Construction Ltd. and OP no.2 is the authorized branch office to sale the plots/constructed house and to provide the facilities like road, cleaning, water, maintenance etc. The OPs allotted a residential plot no.A-007 in Ansal Town, Karnal to the complainant, which has been constructed by the complainant and since the date of its purchase, no facility was provided to the complainant whereas since 2012, the owner of the plot in front of residential house of the complainant, tying the cattles regularly, which is for PLC. The complainant has already paid Rs.1,37,000/- in the shape of PLC. Due to tying the cattles, the complainant and other inhabitants are facing so many problems and though the complainant sent the emails to the OPs mentioning the problems and for taking proper action but inspite of that no action was taken by the OPs. Complainant moved an application to CM Window, Karnal and then official of OPs company admitted their fault, but badly failed to remove the same. It is further averred that at the time of purchasing of the said plot, OPs assured that 24 hours security would be provided to the people of colony, but except the complainant, the aforesaid security was provided to the another colonizer. More so, drainage system has been blocked since long and inspite of oral as well as written complaints, no person taken any action. It is further averred that at the time of purchasing of the plot, OPs assured that every kind of facilities including hospital, school, garden and banks would be provided to the inhabitants of colony, but all in vain. The branches of the trees are surrounded over the road and street lights are also off since 02.07.2017 permanently. There is no cleaning in the colony as such the OPs badly failed to provide any service or maintenance to the inhabitants of the colony and hence, is not entitled to claim any PLC, maintenance charges from them. Thereafter, complainant visited the office of OPs several times and requested to remove the cattle plot from the front of house of the complainant and in this regard husband of complainant sent many emails and reminder to the OPs but no response has ever given by the OPs, which caused mental and physical tension. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to provide all the facilities to the inhabitants of colony including the facility of hospital, school, garden and bank etc. as mentioned in the agreement, to remove the cattle plot in front of the house of the complainant and also cut down the branches of trees over the street and also to pay Rs.33000/- as counsel fee and misc. charges etc.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action; mis-joinder and non-joinder of necessary parties; territorial jurisdiction; pecuniary jurisdiction and concealment of true and material facts. On merits, it is admitted fact that OP no.1 is construction company, which deals in constructing the housing colony, under the name and style of M/s Ansal Housing and Construction Ltd. whereas the OP no.2 is the authorized branch office to sale the plots/constructed houses and to provide the facilities like road, cleaning, water, maintenance etc. to main the same. It is also admitted fact that OPs allotted a residential plot no.A-007 in Ansal Town, Karnal to the complainant. After the purchase of the said plot, complainant before raising construction over the said plot, has not paid any maintenance charges to the OPs no.3 and 4. It is further pleaded that complainant through email moved her complaint and on that mail OPs replied the same very sincere manner, that OPs have filed complaint to DTP and police also to take action against the said owner. It is further pleaded that trimming of trees was stopped due to winters. OPs have a full fledge security service there run by Osaka Security service and blockage of drainage system are removed by the OPs. All the requisite facilities sincerely provided to its customers like proper security, drainage system, clean and clear roads, sewerage, electricity etc. OPs sent the letter to the complainant to deposit the maintenance charges with the OPs, but complainant has not deposit the same. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of transfer letter of plot in question Ex.C1, copy of letter of physical possession of plot Ex.C2, copy of letter of offer of possession Ex.C3, copy of letter to Town Planner, Karnal Ex.C4, copy of signature list of residential plot holder Ex.C5, copies of letters dated 28.03.2013, 03.07.2013, 02.07.2013 Ex.C6 to Ex.C8, copies of emails dated 21.07.2017, 22.02.2016, 18.10.2015, 08.07.2016, 10.06.2019, 03.08.2017, 04.08.2017, 2/2016, 10.06.2016, 10.06.2016, 10.06.2019 (eight emails) Ex.C9 to Ex.C23 and Ex.C27 to 29, photo of light Ex.C24, Ex.C30 and Ex.C31, photo of road Ex.C25, photo of road on water Ex.C25, letter to Sunrise dated 20.11.2017 Ex.C32, postal receipt Ex.C33, reply Ex.C34, letter to Sunrise dated 05.03.2018, postal receipt and reply Ex.C35 to Ex.C37, photo of cattle Ex.C38, photo of grass Ex.C39 to Ex.C42, copy of Agreement Ex.C43, copy of letter dated 28.07.2019 Ex.C44, newspaper cutting Ex.C45, mails dated 02.12.2019, 24.01.2021, 14.10.2021 Ex.C46 to Ex.C48, photo of lights Ex.C49, Ex.C51 to Ex.C56, photo of security guard Ex.C50 and closed the evidence on 22.10.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Dushyant Arora Ex.RW1/A, copy of resolution Ex.R1 and closed the remaining evidence on 07.07.2022 by court order.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that the OPs allotted a residential plot no.A-007 in Ansal Town, Karnal to the complainant, which has been constructed by the complainant and since the date of its purchase, no facility was provided to the complainant whereas since 2012, the owner of the plot in front of residential house of the complainant, tying the cattles regularly, due to tying the cattles, the complainant and other inhabitants are facing so many problems and though the complainant sent the emails to the OPs mentioning the problems and for taking proper action but inspite of that no action was taken by the OPs. He further argued that OPs assured that 24 hours security would be provided to the people of colony, but except the complainant, the aforesaid security was provided to the another colonizer. At the time of purchasing of the plot, OPs assured of every kind of facilities like hospital, school, garden and banks but no such type of facility have been provided by the OPs. There is no cleanliness in the colony as such the OPs have badly failed to provide any service or maintenance to the inhabitants of the colony and hence OP is not entitled to claim any PLC, maintenance charges from them and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that OPs allotted a residential plot no.A-007 in Ansal Town, Karnal to the complainant. After the purchase of the said plot, complainant before raising construction over the said plot, has not paid any maintenance charges to the OPs no.3 and 4. OPs have replied the complaint through email moved by the complainant.  OPs have filed complaint to DTP and police also to take action against the said owner. He further argued that trimming of trees was stopped due to winters. OPs have a full fledge security service there run by Osaka Security service and blockage of drainage system are removed by the OPs. All the requisite facilities provided to its customers like proper security, drainage system, clean and clear roads, sewerage, electricity etc. OPs sent the letter to the complainant to deposit the maintenance charges, but complainant has not deposit the same and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, OPs have allotted a residential plot no.A-007 in Ansal Town, Karnal to the complainant. It is also an admitted fact the complainant has stopped to pay the maintenance charges.

11.           At the time of purchase of the plot in question, a Buyer Agreement was executed between the parties. In the present case, complainant has sought the following relief, which reproduced as under:-

1.     To remove the cattle.

2.     To provide all facilities

12.           Per contra, as per the version of the OPs, complainant herself stopped to pay the maintenance charges. All the facilities prescribed in the Buyer Agreement have been provided to the complainant. There is no other complaint from any colonizer except the complainant.

13.           It is admitted fact that a Tripartite Maintenance Agreement was executed between the parties. OPs are bound to provide all the facilities as mentioned in the Tripartite Maintenance Agreement. Hence, in view of the above, we dispose of the present complaint with the direction to OPs to provide the facilities/amenities as per terms and conditions of the Tripartite Maintenance Agreement and any other agreement executed between the parties, if any. No order as to costs. The parties concerned be communicated the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 19.12.2022                                                                    

                                                                      President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

 

 

                (Vineet Kaushik)                (Dr. Rekha Chaudhary)

                        Member                             Member

 

Sushma

Stenographer