FA No. 1356/2007 against C.D. No.548/2005 on the file of the  District Forum II, Hyderabad

Between :

Kavitha Nilayam Flat Owners  Welfare

Association, represented by its

President, S. V. Raju

S/o  Sri S. S. Raju, aged about 55 years

Resident of 8-3-721/1/B

Plot no. 277, Subash Nagar

Yellareddyguda, Hyderabad                        .. Appellant/complainant

And

1.         M/s.     Boppana Constructions

            Flat No. G2, Kavitha Nilayam

            Plot no. 277, ;Yellareddyguda, subash Nagar

            Hyderabad -73, represented by its

            Working Partner, Mr. B. Srinivas Kumar

            ( 107, Sree Rama Krishna Towers,

            Nagarjuna Nagar, Srinagar Colony,

            Hyderabad.

2. Sri B. R. Tagore, son of not known, aged

Not known, resident of plot no. 274

Anusha Apartment,

Yellareddyguda,

Hyderabad                       … Respondents/ opposite parties.

Counsel for the Appellant            :           Mr. P. Rameswara Prasad

Counsel for the Respondents    :           Mr. Mr. Prakash

Coram           :

Sri Syed Abdullah              …        Hon’ble Member

And

Sri R. Lakshminarasimha Rao…      Hon’ble Member

Wednesday, the Thirtieth Day of June, Two Thousand Ten

Oral Order     :           ( As per Sri Syed Abdullah, Hon’ble Member )

*******

The appellant is the  unsuccessful complainant in C. D. 548/2005 before the District Forum II, Hyderabad, wherein,  the complainant filed  seeking a direction  against the opposite parties to supply all the relevant documents including link documents  pertaining to the land bearing No. 1, 2 and 3 in Layout Survey No. 30, 31 and 34 admeasuring  600 Sq. yards at Subash nagar, Yellareddyguda, Hyderabad  was dismissed. The impugned order is assailed as erroneous and sought it to be set aside.

The facts of the case disclose that the complainants are the flat owners and they formed as an Association in respect of the flats purchased in Kavitha Nilayam situate at Subash nagar, Yellareddyguda, Hyderabad which was built by OP. 1 firm and sold to them.  It is stated that  11 flats were purchased  by the owners and the same were  registered on different dates by taking possession of the same. Individual owners of the flats have requested the opposite parties to supply the link documents and original documents pertaining to the property on which flats were  constructed.  The second opposite party informed them that the documents would be  handed over to the Registered Association of the flat owners but not to the individual owners.  All the flat owners have formed into Kavitha Nilayam Flat Owners Welfare Association  and registered the same by electing office bearers.  Subsequently,. the President  had requested the opposite parties to hand over the documents  in question and also addressed registered letters on 03.11.2004 and 03.12.2004.  Even then, the opposite parties  failed to handed over it.   A legal notice dated 06.05.2005 was also sent which was returned as “unclaimed’.  It shows that the opposite parties are  not receiving  the notice so as to avoid to fulfill their obligations.  As per the provisions of the  A. P. Apartments  ( promotion of construction and ownership ) Act of 1987 and the rules there under, the builders owners have responsibility to hand over the original link documents.  Hence it amounts to violation of it.  The opposite parties with malafide intention retained the documents  in question. Hence prayed to direct the opposite parties to hand over the original link documents pertaining to the property in question.

The first opposite party filed counter affidavit and it was adopted by the second opposite party.

The first opposite party has  taken the stand that the complainant has no locus standi to file the complaint since he was  not elected as President of the Flat Owners Welfare Association  and he did not produce any document to show that he was elected  as President.  The second opposite party is not at all concerned with the first opposite party, i.e., M/s. Boppana Constructions Private Limited.   OP.2 is the owner of one of the flats that were built.   The first opposite party has no objection to hand over all the original title documents to the flat owners and that the documents will be submitted in the District Forum itself.

During hearing the complainant has filed Ex. A-1 to A-7 along with evidence affidavit, so also,  the first opposite party filed its evidence affidavit.

The District Forum has adjudicated on the aspect of deficiency in service  and came to the conclusion  that the complainant failed to establish that there was deficiency in service on the part of the opposite parties 1 and 2  and also held that the first opposite party  has no locus standi in filing the complaint in the capacity of the President of the Welfare Association.

The impugned order is questioned on the ground that  the District Forum failed to look into Ex. A-6 and A-7.  Ex. A-6 is the copy of the Registration Certificate  pertaining to the Welfare Association issued by the Registrar of Societies  and Ex. A-7 is the copy of the Resolution passed by the Members of Flat owners Association.

Point for consideration is, whether the impugned order suffers from any factual and legal infirmity ?

From the admitted and undisputed facts it is very clear that the first opposite party had constructed and sold  the flats to different persons  and those owners formed into Welfare Association.  Ex. A-6 is the  Certificate of Registration  issued by the competent authority in respect of Kavitha Nilayam Flat Owners Welfare Association which was registered on 22.07.2004 and Ex. A-7 is the resolution passed by the members which  shows that  S. V. Raju was elected as President.  When the Association was formed any authorized  office bearers may file a complaint against the builder or developer for their grievance.   It is not known how the complainant has no locus standi to file the complaint  on behalf of other owners who have formed into  an Association to represent their grievance.   It is not known how the District Forum  has observed that the President of Kavitha Nilayam Flat Owners Welfare Association has not filed any document to show  that he is the elected  President.  Whatever it  may be the first opposite party has unequivocally stated in his version that if  all the flat owners gives consent and   no objection to hand over the original title deeds and  file before the District Forum.  In view of the categorical admission, the District forum ought to have  directed the first opposite party  to submit  the documents  for handing it over to the President of the Welfare Association  along with an undertaking to hand over it to  successors in his office so that the documents be  kept  as a permanent record  in respect of the flats that were built under the provisions of A. P.  Apartments  ( Promotion of Construction and Ownership) Act of 1987 and its rules are very clear imposing obligation on the builder/promoter of the multi-storied flats or buildings to get the association formed soon after the flats are  sold to different owners and that the original and link documents to be handed over to the President/Secretary of the Association, so that, the record may be kept as a permanent record for future guidance and correspondence with the Corporation authorities or in case of any dispute with regard to the title to the property.  During the pendency of the appeal, the President of the Kavitha Nilayam Welfare Association died  and his successor  came on record for continuing appeal.  The first opposite party ought to have conceded for passing orders in the light of his own admissions  made in the counter filed  by him.   The impugned order suffers from factual and legal infirmity as such it is liable to be set aside.

In the result, the appeal is allowed  directing the first opposite party to hand over all the original and link documents in respect of the property on which he built the flats.  The said document shall be handed over to the President/Secretary, Kavitha Nilayam Welfare Association by obtaining  necessary acknowledgements  within 30 days from the date of receipt of the order.  No costs.

                                                                                                                                                                        Sd/- MEMBER

                                                                                                                                                                        Sd/- MEMBER

                                                                                                                                                                        DATED : 30.06.2010.

      MEMBER

                                                                                                                                                                                                            MEMBER