District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 634/2021.
Date of Institution:07.12.2021.
Date of Order: 18.04.2023
Mrs. Bhavna Yadav, Power of Attorney Holder, RPS Savana, Sector-88, Tower B-10, Flat No. 001, Faridabad – 121002.
…….Complainant……..
Versus
1. M/s. ChaireHeights Estate Service Private Limited, RPS Savana, RPS City, Sector-88, Faridabad, Haryana Pin Code: 121002.
2. M/s. ChjaireHeights Estate Services Private Limited, 24/12A, SF, Block-24, Double Story, Moti Nagar Delhi, Pin Code: 110 015.
3. JLL, Level 16, Tower C. Epitome Building No.5, DLF Cyber City, Phase -3, Gurgaon, Pin Code – 122002.
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Satbir Singh , counsel for the complainant.
Sh. Ashok Malik , counsel for opposite parties Nos.1 & 2.
Opposite party No.3 exparte vide order dated 21.03.2022.
ORDER:
The facts in brief of the complaint are that on June 2017, the complainant family purchased RPS Savana Tower B-10 Flat No. 001 property which included everything, back to back car parking (basement parking H-22), Club Membership, Security and Maintenance etc. Complainant made the advance payments for maintenance charges that was Rs.5375/- every month, since July 2017 till now. From 2017 to till now, complaint raised multiple complaints to JLL & Chaire heights Estate Services to fix basement sewerage water logging issue but no action had been taken till now. Basement was getting full with sewerage water with a normal drizzling due to which his client were unable to park their cars in their purchased parking. Even without rain, there all lines were always full due to which sewerage water overflow/spread in basement that smells a lot and create inconvenience for every body . There was theft of Spark plug from complainant’s bike where no action was taken by security team to prevent this kind of things. That was negligence by security team, they did not monitor and take necessary rounds to prevent this kind of security. There was theft of spark plug from complainant’s bike where no action was taken by security team to prevent this kind of things. That was negligence by security team, they did not monitor and take necessary rounds to prevent this kind of security. On 2.09.2021 basement was again full of sewerage water therefore complainant parked her one car wherever she got the space, as there were no steps taken by the maintenance agency to handle these kind of situations. RPS Savana Society did not had much space where they can accommodate basement cards, in this kind of situations, even they did not have visitors parking. There were no arrangements from maintenance agency where security and maintenance team can park resident cars. On 02.09.2021 somebody intentionally damaged complainant’s car Baleno with an Abusive content and Hard Scratch marks all over the card number HR29AV3808 (car was untouched, run only 6000 KMS till then) due to which 75% of card got repainted due to this incident his client’s car ‘s value got depreciated and where she had to pay file charges and need to pay high premium for next 3 to 4 years. After this incident his client requested again to security team to do their job properly and align somebody near complainant’s parking and ask security to monitor and take necessary rounds. Between 5th of October to 7th October somebody damaged his complainant’s car again due to lapse of security, security was totally useless. Complainant was paying for security/maintenance to protect her property home, car and bike but security were unable to perform their job. Again complaint raised to JLL but no action was taken by them. Again huge loss to complainant’s property, depreciation, repair cost. October25,2021, petrol was stolen from bike and petrol pipe was removed from petrol line, complainant was not able to diagnose this issue therefore pour petrol on a bike and tried to start it but when it did not start for 5 min. then complainant look at left side of the bike and found petrol was falling down on bike engine from removed pipe line “thank god” nobody lighted up there otherwise there was huge blast as there were two cars in parking in which one was the CNG fitted car. Complainant was not able to do their work for two days due to this and it was a risk for everybody if anything went wrong, who would be responsible. Despite several assurances given by opposite parties Nos.1 & 2 , to take care of it but no action had been taken by them. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay the damages for car, depreciation, file charges, high insurance premium cost:- Rs.6,00,000/-
b) pay Rs. 10,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 3,00,000 /-as litigation expenses.
d) pay a sum of Rs.1,00,000/- for inconvenience caused to complainant and her family (took multiple leaves for CAR and Bike repair, where family were not able to do their work, family member paid a lot while travel to work.)
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that the complainant had not come before this Hon’ble Commission with clean hands and had suppressed the material facts. It was submitted that the parking spaces had been allotted to the inhabitants of the Tower including to the complainant and had been instructed and requested the inhabitants to park their respective vehicles at the specific parking spaces allotted to them. The complainant and her husband willfully parked their vehicle at any place instead of allotted parking space and whenever the security personnel requested them to park their vehicle at the allotted parking space, then they misbehaved with the security personnel by posing themselves to be owners of entire tower as well as entire space of the tower. The husband of the complainant used to park his vehicle in the badminton ground illegally and the children of the residents used to play in the said badminton ground. There were several monkeys were in the area and some of them used to come in ground in the tower building and as usual as per nature, used to mark scratches on the parked vehicles in open grounds. The security personnel had been trying their level best to save goods and articles of the inhabitants, but monkeys’ kept removing side mirror of cars, such damages caused by monkeys. On one occasion, when the children of flat No. T-4/1605, T4/101, T-9/905 were playing in badminton ground but the the complainant’s husband, a sper his nature, parked his vehicle in the said badminton ground and found scratch mark non his car after some time. He created a big scene and the opposite parties gathered a meetings of parents of said children and complainant’s husband to resolve the issue on 07.09.2021, where Mr. Sandeep Kumar tenant of flat NO. T4/1605 and Narendra Jaipuria owner of flat NO. T4/101 and Mr. Kashif Sayyad owner of flat NO. T9/905, all three gentlemen requested the husband of the complainant that they would get the said vehicle repaired but the husband of the complainant demanded new car, it was not possible for the said persons. Incidents was reported to the local police on 02.09.2021. The police team (Mr. Mukesh IO), form the BPTP Police station, Faridabad also visited at site on 07.09.2021 and met with the husband of the complainant. The complainant and her husband also crated bad scene and made allegations of theft of petrol and spark plug of their car and the opposite parties duly replied the same on 21.11.2021 and 08.12.2021. Opposite parties nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Case called several times since morning but none appeared on behalf of opposite party No.3. Therefore, opposite party No.3 was hereby proceeded against exparte vide order dated 21.03.2022.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–M/s. Chaireheights Estate with the prayer to: a) pay the damages for car, depreciation, file charges, high insurance premium cost:- Rs.6,00,000/-. b) pay Rs. 10,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 3,00,000 /-as litigation expenses. d)pay a sum of Rs.1,00,000/- for inconvenience caused to complainant and her family (took multiple leaves for CAR and Bike repair, where family were not able to do their work, family member paid a lot while travel to work.)
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Bhavna Yadav, Ex.C-1 – adhaar card, Ex.C-2 (colly) – email dated 08.05.2021, Ex.C-3 (colly) to Ex.C5 (colly) – photographs, Ex.CC-6A – legal notice, Ex.C-6(page 1 to 6) – legal notice, Ex.C-7(1 to 3) – schedule of maintenance services& charges, Ex.C-8(1 to 21) – monthly statement, Ex.C-9 - CD On the other hand counsel for the opposite parties Nos.1 & 2 strongly agitated and opposed. As per the evidence of the opposite parties Nos.1 & 2 –Ex.RW/1A – affidavit of Harish Kalra, authorized representative of M/s. Chaire-heights Estate Services Pvt. Ltd., 24/12A, SF. Block-24, Double Storey, Moti Nagar, Delhi,, Ex.R-1 – Form 1 Certificate of incorporation, Ex.R-2 – resolutions, Ex.R-3 & 4 – photographs, Ex.R-5 – email dated Ist April 2021, Ex.R-6 – Incident report, Ex.R-7 – email dated November 21,2021, Ex.R-8 – photographs.
7. In this case, the complaint was filed by the complainant with the prayer of pay the damages for car, depreciation, file charges, high insurance premium cost:- Rs.6,00,000/-.
8. After going through the evidence led by the complainant and the allegations alleged by the complainant is totally different in nature. As per the allegations of the complainant the car was damaged because of negligence of opposite party. After going through the evidence, there are only mark scratches on the car and the complainant has failed to prove the marks established in the parking of the opposite party. The complainant did not file the estimate of the said damage of the car and asking for the compensation of huge amount of Rs.6,00,000/-. The complainant has not placed on record the previous premium of the insurance as well as the current premium of insurance. It is ridiculous to just for a mark scratches on the car is a damage of Rs.6,00,000/- . On the other hand, counsel for the opposite parties also submitted their evidence from Ex.R-1 to R-8. As per the photographs submitted by the opposite parties there are plastic bags in the drainage of opposite parties. Water logging was for the time being not for ever. Opposite parties has also filed the incident report vide Ex.R-6 & the photographs of parking space showing specific numbers of the flat owners to park their respective vehicles vide Ex.R-8 (colly)
9. Keeping in view of the above submissions, the Commission is of the opinion that that the complainant has failed to establish his case. Hence, no deficiency in service on the part of the opposite parties has been proved. Resultantly, the complaint is dismissed. Copy of this order be sent to the parties concerned free of costs.
Announced on: 18.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
