COMPLAINT FILED: 30.10.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 07th JANUARY 2009<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT Nos. 2326 & 2328/2008<br /> <br /> <br /> COMPLAINT NO. 2326/08<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO. 2328/08<br /> COMPLAINANT S. Ranganathan,<br /> 613, 5th Floor, “O’ Block,<br /> Platinum City,<br /> H.M.T. Road,<br /> Yeshwanthpur,<br /> Bangalore – 560 022.<br /> <br /> <br /> <br /> Anil Kalgi,<br /> 612, 5th Floor, “O’ Block,<br /> Platinum City,<br /> H.M.T. Road,<br /> Yeshwanthpur,<br /> Bangalore – 560 022.<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Mr. Nazeer Ahamed,<br /> M/s. Nacons,<br /> Nacons House House No.75/3/2, 8th Main,<br /> 3rd Block, Jayanagar,<br /> Bangalore – 560 011.<br /> <br /> <br /> Advocate (Faiz Pasha)<br /> <br /> <br /> <br /> O R D E R<br /> <br /> These are the two complaints filed U/s. 12 of the Consumer Protection Act of 1986 by the respective complainants seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.4,50,000/- and provide all the basic facilities like proper road, garbage disposal, street lights, borewell, etc., on an allegations of deficiency in service. <br /> <br /> 2. As the opposite parties in both the complaints are common and the question involved and relief claimed being the same, in the interest of justice in order to avoid the repetition of facts and multiciplity of reasoning, these two cases stand disposed of by this common order.<br /> <br /> 3. The brief averments, as could be seen from the contents of each complaint, are as under:<br /> The complainant in Complaint No. 2326/08 purchased Flat No. 613 and complainant in Complaint No. 2328/08 purchased Flat No. 612 from OP the builder and developer in the project floated in the name and style “Nacons Platinum City”, H.M.T. Road, Yeshwanthpur, Bangalore in ‘O’ Block. According to the complainants though they took possession of the said property in the year 2007, but so far so good OP failed to provide the basic amenities and facilities like lift facility, permanent electricity, potable water, garbage disposal, proper roads, street lights, etc. OP collected the maintenance charges for the life time and he has also collected the other necessary charges with regard to electricity, water, etc., but still failed to provide the said facilities. The repeated requests and demands made by the complainants, went in futile. Due to the defect in the lift the son of the complainant in Complaint No. 2328/08 sustained the injury. A Police complaint was lodged. There was a theft of the cycle. The security personnels are not discharging their duties as contemplated, though complainants have paid the security charges also. Under such circumstances complainant felt the deficiency in service on the part of the OP. Though they invested their hard earned money to occupy the said flat and live peacefully with all comforts and facilities, their hopes have become dupes. It is all because of the carelessness and negligence on the part of the OP. Under the circumstances they are advised to file these complaints and sought for the relief accordingly.<br /> <br /> 4. On appearance, OP filed the version. The defence set out by the OP in both the complaints is identical. It is contended by the OP that complainant in complaint No. 2326/08 took possession of the flat on 27.01.2007 and complainant in Complaint No. 2328/08 took possession on 13.03.2007. OP has provided all the basic facilities and amenities. OP is maintaining the said blocks. Whatever the amount that is collected from the flat owners is given to the BESCOM for providing the permanent electricity. Temporary electricity is provided to the occupants, hence they are liable to pay the electricity bills. Water is supplied as undertaken through the bore well. When OP demanded the maintenance charges and other electricity charges, complainants failed to heed to his demand. On the other hand they have come up with these false and frivolous complaints to avoid the payment. The allegations of the complainants that the roads are not proper, no proper lighting, lift, security, etc., are all false. Though complainants were provided with all the facilities with ulterior motive and malafide intention a false complaint was lodged to the Police and a false allegations are made. When complainants are the defaulters in non-payment of the maintenance charges they cannot allege the deficiency in service against the OP. The complaints are devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 5. In order to substantiate the complaint averments, each one of these complainants filed their respective affidavit evidence and produced some documents along with the photographs. OP has also filed the affidavit evidence and produced the documents along with photographs. Then the arguments were heard.<br /> <br /> 6. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainants have proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 7. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 8. At the outset it is not at dispute that each one of these complainants have purchased a flat as noted in their complaints for a valid consideration from the OP. It is also not at dispute that they took possession of the said flats in the month of January and March respectively as noted above. Now the grievance of the complainants is that though they have paid the entire flat value including life time maintenance charges, OP failed to extend the basic facilities and amenities including lift, permanent electricity supply, potable water, garbage disposal, proper roads, street lights, etc. Hence they felt the deficiency in service on the part of the OP. According to the complainants their repeated requests and demands made to OP to provide the said facilities, went in futile. On the other hand OP made illegal demand, hence they were constrained to file these complaints.<br /> <br /> 9. As against this it is specifically contended by the OP that complainant being satisfied with the construction of the said building and the flat took possession and occupied the same. They did enjoy their peaceful living for more than a year or so without any objection after lapse of so many months, now they have come up with these false and frivolous complaints. According to OP complainant in complaint No. 2326/08 is in due of Rs.30,000/- towards electricity charges and remaining flat cost of Rs.30,000/- and Rs.11,550/- towards the maintenance apart from the lift maintenance and the complainant in complaint No. 2328/08 is in due of maintenance charges of Rs.10,500/-, that is why OP made demand to each one of these complainants to pay the said amount in due. A correspondence made in that regard is produced.<br /> <br /> 10. Complainants have not otherwise disputed the said demand and they having been in due of the said amount. Their contention is that OP has collected the life time maintenance charges, hence they are not liable to pay the so called demand made by the OP. Of course life time maintenance refers to common area and other facilities, as far as electricity and water bills are concerned the flat owners have to bear. The non-payment of the said charges amounts to default. Of course the complainant in complaint No. 2328/08 filed a complaint to the Police alleging an accident in the lift, the Police have submitted the ‘B’ report. If the complainant has lost the cycle, OP cannot be blamed. Each one of the flat owners is required to purchase a car parking area to protect their vehicle, etc. If some cycles and other things are kept openly not in a reserved area then risk is taken by the so called complainants and the loss of the cycle, cannot be termed as deficiency in service on the part of the OP.<br /> <br /> 11. If the complainants are very much sure that the lift facility is not proper, no permanent roads, no potable water supplied, street lights, etc., they would have got appointed the technically qualified person to examine the spot and give the report. But no such “commissioner” is got appointed. In addition to that the photographs produced by the OP clearly speaks to the existence and availability of the lift, generator, electricity facility, apart from water being supplied through the bore well, installation of the transformers, individual meters, etc. It is not one or two flats which forms the part of the said project “Nacons Platinum City”, but it is a multistoryed building consisting of 100 of flats and many more persons have occupied the said flats and residing there as could be seen from the photographs. Unfortunately none of the other residents have ever filed or raised any objections with regard to the non-availability of the said basic facilities. Under such circumstances in absence of such corroborative evidence, the bare and vague allegations of the complainants rather alone cannot be believed.<br /> <br /> 12. OP has provided the temporary connection of electricity and deposited lakhs of rupees with BESCOM for providing the permanent connection, that fact is not at dispute. The BESCOM has already installed the transformers, meters, etc., steps are being taken for permanent electricity connection. In the said area there is no supply of cauvery water from BWSSB, so the residents of the flats have to depend upon the bore well and OP has supplied the bore well water. The photographs speak to the said facts. The drinking water being supplied through submersible pumps, with all that what made the complainants to file these complaints is not known.<br /> <br /> 13. The said project consists of many more flats. The flat owners have not formed their own association nor the present complaints are filed through the so called welfare association of “Nacons Platinum City”. These complaints are filed individually. If it is a grievance of all the residents of the said flats then there would have been some meaning. In absence of corroborative evidence from the other residents supporting the allegations of the complainant by filing the affidavit the interested testimony of these complainants rather alone cannot be believed. That too when they are the defaulters in non-payment of the charges as claimed by the OP which they are liable to pay. We find there is a substance in the contention of the OP that as a counterblast towards the claim made these complaints are filed. The other office bearers of ‘O’ Block, Nacons Platinum City Welfare Association would have been the best and material witness to speak about the said grievance of the complainants, but they have not come forward. Under such circumstances we do not find any force in the allegations of the complainant. There is a proof of availability of the said facilities. When that is so, complainants are not entitled for the relief claimed. There is no proof of deficiency in service. Accordingly we answer point nos.1 and 2 in negative and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint Nos. 2326/08 and 2328/08 are dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> The original order shall be kept in the file of complaint No. 2326/2008 and a copy of it shall be placed in complaint No.2328/08.<br /> <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 07th day of January 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> p.n.g. <br />