District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.454/2021.
Date of Institution: 14.09.2021.
Date of Order:13.06.2023.
Jitender Garg C8/1004, SRS Residency, Sector-87, Faridabad - 121002.
…….Complainant……..
Versus
SRS Residency Residents Welfare Association (Regd.) SRS Residency, Sector-88, Faridabad through its President.
…Opposite party……
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: Shri Manish Raghav, counsel for the complainant.
Sh. Bhupesh Joshi, counsel for opposite party
ORDER:
The facts in brief of the complaint are that the complainant was owner of the premises bearing No. C8/1004 in SRS Residency, Sector-88, Faridabad and accordingly the opposite party provides the services to the complainant as per above said tripartite agreement and charged in lieu of the same in accordance with the said tripartite agreement. In accordance with the said tripartite agreement as well as in continuation with the public policy, principle of natural justice as well as statutory provision the opposite party charges the complainant only for service provided in the utility bill and as utility charges. The opposite party sent a notice for recovery to the complainant for asking him to paid an unexplained penalty of Rs.85,339/- within 10 days of the receiving of the notice and in the same notice the opposite party also mentioned that the same amount should be charged against complainant respective bill from 7th of January 2020 which should be further be liable to future interest and penalties. Aggrieved by the unjustified, illegal and unauthorized act in violation of the said tripartite agreement, the complainant vehemently revert back to the opposite party and also lodged protest before the District the district Registrar of Society, Faridabad, which was pending for adjudication. It was further submitted that vide order dated 28.02.2020, the Ld. Registrar observed that the said matter be finally decided by the next AGM/SGM of the opposite party. The next AGM/SGM of the opposite party was held on April 2021 and in the same no such resolution was passed by the opposite party but the opposite party charged against complainant for said amount in bill from 7th of January 2020 onward till date and threaten with disconnection of essential supplies and services to his premises. 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) Remove the impugned amount of Rs.85,339/- from the flat/utility bill of the complainant and refrain from further doing the same act.
b) pay the complainant rs.1,00,000/- for deficiency in services.
c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had not come before this Hon’ble Forum with clean hands and had suppressed the truth from this Hon’ble forum it would be vital to mention that the demand notice for recovery of penalties was sent by the opposite party after taking the decision in first annual general meeting held on 28.03.2021 as per the order passed by District Registrar of Societies, Faridabad vide order dated 28.2.2020. After taking the decision in “General Body Meeting’ Demand notices were sent to Shri Jitender Garg the then president of SRS Residency Resident Welfare Association, Shri Ravinder Kumar Verma and Shri Ajit Pratap General Secretary and Treasurer of SRS Residency Resident Welfare Association and a report of decision was submitted before the District Registrar of Societies, Faridabad. It was due to willful default and gross negligent act of the complainant alongwith Ravinder Verma and Ajit Pratap Society had to pay Rs.2,56,016/- on account of delayed payments and filing of GST return with the departments even though there was sufficient balance in the account of society and due to their act the GST department had imposed penalties and late fees on societies and being office bearer they were equally responsible and liable to pay the above mentioned amount. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. SRS Residents Welfare Association with the prayer to: a) Remove the impugned amount of Rs.85,339/- from the flat/utility bill of the complainant and refrain from further doing the same act. b) pay the complainant rs.1,00,000/- for deficiency in services. c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
To establish his case the complainant has led in his evidence, EX.CW1/A – affidavit of Jitender Garg, Ex.C-1 – Agreement for takeover of common services & facilities, Ex.C-2 – demand notice for recovery of penalties and late fee, Ex.C-3 – order dated 02.03.2020 passed by the District Registrar of Societies, Faridabad , Ex.C-4 – Tax invoice cum monthly statement, Ex.C-5 – Adhaar card,
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Vijay Jasuja President of Ms. S.R.S. Residency Welfare Association , Ex.R-1 – Agreement for takeover of Common Services & Facilities, Ex.R-2 – Deficiencies in SRS Residency, Sector-88, Faridabad to be corrected by SRS,, Ex.R-3 – Demand notice for recovery of penalties and late fee, Ex.R-4 – order dated 02.03.2020 passed by District Registrar of Societies, Faridabad, Ex.R-5 – order dated 28.02.2020 passed by the District Registrar of Societies Faridabad, Ex.R-6 – Tax Invoice cum monthly statement.
6. The complainant has filed 3 consumer complaints with the same prayers which are as under:
a) CC No. 454/2021 titled Jitender garg Vs. SRS Residency RWA
b) CC No. 455/2021 titled Ajit Pratap Vs. SRS Residency RWA
c) CC No.517/2021 titled Ravindra Kumar Verma Vs. SRS Residency
7. After going through the evidence led by both the parties, prayer of the complainant in the above 3 complaints are restraining to opposite party for charging the illegal recovery from the complainant As per the order dated 28.02.202 passed by the District Registrar of Societies Faridabad vide Ex.R-5 in which it has been stated that “Accordingly, it has been observed that the subject matter of the petition pertains to the internal matter of the society to be decided within the society through its General Body meeting as it affects the interests of all the Members/Residents of the society. Further , it is hereby ordered through the Convener-Adhoc-Committee of the society not to debar the said three members/petitioners namely Shri Jitender Garg, Shri Ravinder Kumar Verma & Sh. Ajit Pratap Kundan from their right to vote and contest election as of now. It is further ordered that the said matter be finally decided by the next AGM/SGM of the society. So the resent petition is hereby disposed off.”
8. As per order dated 20.12.2022 passed by District Registrar of Societies, Faridabad in which it has stated that “The Adhoc-Committee is directed to conduct the election of society strictly as per provisions of Haryana Registration and Regulation of Societies Act/Rules, 2012 and further directed that no major expenditure shall be incurred and no addition/deletion of membership shall be made till the new Governing Body is elected. These orders shall take with immediate effect. The Ex-management of society is directed to handover the charge of the society to the Adhoc Committee immediately.”
9. It is also mentioned in the evidence of the opposite party as well as the complainant that there is tripartite agreement vides Ex. C-1 & R-1. As per tripartite agreement opposite party can only charge for their services charges given to the complainant only to the bills. As per the evidence led by the complainant and orders dated 28.02.2020 and 20.12.2022 passed by District Registrar of Societies, Faridabad, all the three complaints are disposed off with the direction to opposite party not to charge illegal and hidden charges from the complainant. Opposite party can charge from the complainant only for service provided in the utility bill and as utility charges as per tripartite agreement and further with the direction that no major expenditure shall be incurred and no addition/deletion of membership shall be made till the new Governing Body of the RWA is elected. There are no order as to costs. Hence, the complaint stands disposed off accordingly. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room
Announced on:13.06.2023 (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.
