DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 409 of 25.10.2017

                                      Decided on:         23.1.2023

Sunny Enclave Premium Residents Welfare Society (Regd.) Sunny Enclave, Premium-II, Near DMW, Patiala through its President Sh.Neeraj Bansal.

                                                                   …………...Complainant

                                      Versus

1. M/s Baaj Construction Co. SCO No.341-342, Sector 34A, Chandigarh through its Director Sumeep Singh Mann.
2. Sumeep Singh Mann, Director M/s Baaj Construction Co. SCO No.341-342, Sector 34A, Chandigarh

Second Address: Sunny Enclave, Premium-II, Near DMW, Patiala.

3. Jarnail Singh Bajwa S/o Sh.Bishan Singh, resident of Kothi No.1002, Sector 71, SAS Nagar, Mohali.
4. M/s Bajwa Developers, Sunny Enclave, village Desu Majra (Kharar) District SAS Nagar (Mohali) through its Managing Director Jarnail Singh Bajwa.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

PRESENT:                             Sh.Munish Mittal, counsel for complainant.

                                       Sh.M.P.S.Sahi, counsel for OPs.      

 ORDER                                          

1. The instant complaint is filed by Sunny Enclave Premium Residents Welfare Society (Regd.) through its President Sh.Neeraj Bansal(hereinafter referred to as the complainant) against M/s Baaj Construction Co. and others(hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That originally the property situated at Sunny Enclave-2, Patiala was purchased by M/s Baaj Construction Co. and Mr.Jarnail Singh Bajwa. Thereafter the said land was carved out in the plots and sanction was also obtained from the Govt. on 25.9.2013 and as per the said notification, it is the duty of the colonizer to maintain the roads and parks and to develop the entire colony from his own funds.

At the time of purchasing the plots of the said colony, OPs gave assurance that the same was approved from the Govt. and all the facilities including water supply, sewerage, electricity, roads and parks will be provided by the OPs but they failed to do so. The society members approached the OPs for providing the said facilities but they flatly refused to do so even though they received the entire amount alongwith other charges for development of colony. Police complaint was also lodged against the OPs in this regard but the OPs failed to fulfill their promise. The complainant also sent legal notice dated 12.5.2017 upon the OPs through registered post but the OPs did not give any response. There is thus deficiency in service as well as unfair trade practice on the part of the OPs. Consequently prayer has been made for acceptance of the complaint.

3. Upon notice, OPs appeared through counsel and filed written statement having raised various preliminary objections. On merits, it is submitted that the OPs have spent huge amount for providing basic amenities. It is denied that basic amenities have not been provided to the plot holders till today. It is submitted that at the time of purchase the vendees/ purchasers have agreed to pay a sum of Rs.40/- per square yard per annum for the built up houses and Rs.25/- per square yard per annum for vacant  for the vacant plots as maintenance charges but the inhabitants failed to pay the maintenance charges. It is submitted that the OPs are still ready and willing to provide electricity connection and other facilities as per the demand of purchasers, if they agree to pay maintenance charges regularly. The OPs are also spending huge amount regularly for the development work. The police complaint filed before DSP was compromised between the parties as the plot holders agreed to pay maintenance charges regularly. After denying all other averments made in the complaint, OPs have prayed for the dismissal of the complaint.
4. In support of the complaint, ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant, Ex.C1 copy of resolution deed, Ex.C2 copy of registration certificate, Ex.C3 copy of notification, Ex.C4 to Ex.C8 original legal notice and postal receipts and closed the evidence.
5. The ld. counsel for OPs has tendered in evidence Ex.OPA affidavit or Sumeep Singh Maan, MD M/s Baaj constructions , Ex.OP1 statement of account and receipts regarding deposits(7 pages), Ex.OP2 copy of summary of bills and bills during year 2012-13 (20 pages),Ex.OP3 copy of summary of bills and bills during year  2013-14 (12 pages), copy of summary of bills and bills during year 2014-15(19 pages), Ex.OP5   copy of summary of bills and bills during year 2015-16(13 pages),Ex.OP6 copy of summary of bills and bills during year2016-17(6pages),Ex.OP7 copy of letter No.1051 dated 18.7.2017, Ex.OP8 and Ex.OP9 copies of bills, Ex.OP10 photographs of site(10 photographs),Ex.OP11 copy of documents of Municipal Authorities (13 pages),Ex.OP12 copy of photographs,Ex.OP13 copy of certificate or registration and closed the evidence.
6. We have heard  ld. counsel for the parties and have also gone through the record of the case carefully.
7. The complainant i.e. Sunny Enclave Premium Residents Welfare Society (Regd.) through  its President Sh.Neeraj Bansal has filed this complaint regarding deficiency in providing water supply ,sewerage , street lights and roads inside the colony developed by the OPs No.1to4. Ld. counsel for the OPs has argued about the locus standi of the RWA on the ground that RWA is not a registered society. However, in our opinion the RWA has knocked the door of this Commission as Group of Consumers. While deciding the claims/complaints under the Consumer Protection Act, this Commission is not suppose to decide the matters on high technical objections.
8. Ld. counsel for the OPs has further argued that various development works were done by the OPs from time to time. In this regard they appended various yearwise expenditure bills from financial year 2012-13 to financial year 16-17 as per which huge amount has been spent on various utility services provided inside the colony, Exs.OP2 to OP6, which roughly comes to Rs.1.2crore .It is further argued that other expenditure for the labour has also been paid for laying the above system. The electrical system had already been laid and in operation and had already been taken over by the Punjab State Power Corporation Limited vide letter No.1051 dated 18.7.2017, Ex.OP7.It is further argued that matter of release of water and sewerage connection and also taking over of the colony has already been taken up with Municipal Corporation, Patiala vide various letters, Ex.OP11 and charges for the release of water supply and sewerage connection had already been paid as per Ex.OP11/3. An undertaking has further been given by the OPs that if there are any additional charges, they are ready to pay it. However, sewerage connection has not been released till date. Ld. counsel for the OPs has stated that sewerage system inside the colony have been laid. However, the same has not been connected with the main sewer till date.
9. Ld. counsel for the OPs has further argued that the roads inside the colony area had been developed once and due to non taking over of the colony by the Corporation, the condition of the roads have worsened over a period of time. He has further argued that no maintenance charges are being paid by the residents and even the electricity bills for the maintenance and operation of street lights are being paid by the developers till date.
10. From above, it transpires that all the electrical works have already been completed by the OPs and have been taken over by the Punjab State Power Corporation Limited. However, it is proved on the record that the roads are not in workable/useable condition. Therefore, the same are required to be re-carpeted inside the colony, once. It is also established on the record that the sewerage connection is not connected with the main sewerage connection from the colony. Therefore, the same is also required to be got done by the OPs.
11.  Consequently, the instant complaint is partly allowed and we direct the OPs to re-carpet the roads inside the colony area only once and also to get the sewerage connection of the colony connected with the main sewerage connection. The RWA/residents will also comply with the terms and conditions of the agreement with OPs.
12.           The aforesaid order be complied by the OPs within six months from the date of the receipt of certified copy of this order.
13.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President