MS. NIPUR CHANDNA, MEMBER
ORDER
13.06.2024
1. The complainant has filed the present complaint alleging the deficiency in service on the part of OP. The brief facts of the complaint are that on the assurance of OP2 complainant purchased a residential plot vide application dated 14.10.2005 and allotment dated 24.01.2006. The complainant purchased the residential plot in the project of the OP. The OP assured the complainant that work related to basic necessities like sewage connection, access road, street light would get completed within the stipulated period of 15 years. It is alleged by the complainant that OP2 assigned the task of maintenance to OP1 with the complainant vide agreement dated 10.07.2012 for providing the operation and maintenance of various value added services and facilities in the project of the OP namely TDI City, Kundli, Sonepat. it is further alleged by the complainant that both OP1 & 2 failed to provide basic amenities like Sewage, street light, water connection facilities due to which the complainant is unable to carry out any sort of construction work.
2. It is further alleged by the complainant that OP1 is continuously charging the maintenance on regular basis i.e 18,522/- annually despite the fact that no basic facilities were provided. The OP arbitrarily increased the annual maintenance charges from Rs. 18,522/- to Rs. 23,000/-. It is further alleged by the complainant that as and when the complainant approached OPs and inquired about the non providing of the basic facilities the official of the OP does not gave any satisfactory reply. It is alleged by the complainant that as per the terms and conditions of the agreement OP1 charged a sum of Rs. 1,56,923/- on the complainant as No Construction Charges. It is further alleged by the complainant that since the OP failed to provide the basic infrastructure like electricity water etc. as such it would not be possible for the complainant to construct the plot in question. It is further alleged by the complainant that OP had arbitrarily levied No Construction Charges of Rs. 1,56,293 despite the fact that he had already paid a sum of Rs. 55,566/- to the OP against the maintenance charges for those basic services which were never provided by the OP1. It is alleged by the complainant that he is entitle for the refund of Rs. 55,666/- arbitrarily charged by OP. Beside this OP be given direction not to charge any late fee on account of delay in construction work which cause due to non availability of the basic amenities. Complainant also serve legal notice dated 09.03.2021 but neither OP replied to the legal notice nor had complied the same. Being aggrieved by the act and conduct of the OPs complainant approached this Commission for redressal of his grievance.
3. Notice of the complaint was sent to OPs. Despite service none appeared on behalf of OP as such OPs were ordered to be proceeded ex-parte vide order dated 02.08.2022.
4. Complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint. We have heard the arguments advance at the bar by complainant and have perused the record.
5. Complainant has placed on record the copy of the maintenance agreement agreed between complainant and OP1. He has also placed on record the copy of the sale deed, copy of the receipts issued by OP1 in respect to the payment made. Copy of the legal notice dated 09.03.2021 served to both the OPs in support of his contention.
6. The complainant has approached this Commission with the prayer to direct OP1 to refund the entire amount of Rs. 55,566/- charged on account of maintenance along with interest beside this the complainant has also prayed that direction be given to OP2 not to charge any late fee on account of delay in construction work and with further prayer to reimburse the complainant with the sum of Rs.1,56,923/- charged by OPs under the pretext of No Construction Charges.
7. We have carefully gone through the record and found that since 19.09.2018 the complainant is paying the maintenance charges to OP2 till 03.02.2020. For the period from 19.09.2018 to 03.02.2020 the complainant had not protested in respect to the non providing of the basic amenities like electricity, water, access to road as averred in the complaint. As per the agreement agreed between the parties the complainant was bound to construct the plot within five years which was himself admitted by the complainant at para-13 of the complaint. The OP levied No Construction Charges of Rs. 1,56,923/- on the complainant for non construction of the plot in question. The complainant has taken the defence that he could not construct the plot in question due to non providing of the basic amenities by OP2. Complainant failed to place on record any documentary evidence which establish that OP2 failed to provide the requisite services to the complainant resulting in the non construction of the plot. Besides bare allegations nothing has been placed on record by the complainant to substantiate the averments made in the complaint. Admittedly, as per the agreement agreed between complainant and OP2 complainant was bound to construct the plot which he failed to do so and as such OP levied no construction charge on the complainant to the tune of Rs. 1,56,923/-, which is justified.
8. In view of the above discussion, we are of the considered opinion that complainant failed to established the case of deficiency in service on the part of OPs. We therefore find no merits in the present complaint, same is hereby dismissed.
File be consigned to record room.
9. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 13.06.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
