BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-30/2018
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy,Member (W).
Smt Arati Hota,
Flat-204 A, Kushabhadra Block,
Greater Sambalpur,Bareipali,Sambalpur-768006. …..Complainant
Vrs.
M/S Associates Infra Developers Pvt. Ltd.,
Having its office Bishop’s House,
Aithapali,Sambalpur-768004,
Represented through Sri Vikash Joshi,
Marketing Manager. ….O.Ps.
Counsels:-
- For the Complainant:- Self
- For the O.P :- Sri S.K.Behura,Advocate & Associates.
DATE OF HEARING : 08.03.2021, DATE OF ORDER :13.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant is the owner of 3-BHK flat No-204 A in Kushabhadra Block at Sambalpur. The Complainant has paid Rs 56,216/- in shape of cross cheque to the O.P towards Interest free security deposits and advance maintenance charges. The O.P is required to carry out maintenance till Completion Certificate is obtained for the project but before procuring the same the O.P has sent a payment notice for Rs.19,199/- towards advance maintenance charges from 01.04.2017 to 30.09.2017. The Complainant could not know when the paid maintenance was started and completed for which she had paid Rs. 19,116 earlier but presumed to be started from the notice date i.e on dtd. 25.03.2017. Since six months the O.P has never fixed the maintenance charges which has to be fixed after handing over the flats to the society. In protest of the notice the Complainant replied through e mail on dtd.04.04.2017, stating she could not know that the paid maintenance started fro October-2016 and no information provided for the new monthly maintenance charges. No steps towards the security, cleaning and gardening is being taken by the staff. Again she stated that unless a meeting between the Directors and the owner is not fixed and the matter will not decided, till then she will not pay the maintenance charges. The O.P has fixed separate charges for Duplex, and Apartments, shops etc although everyone is enjoying the same services like electricity cleaning, gardening etc. Thereafter the Complainant has deposited Rs. 10,000 in shape of cheque vide no-989213 dtd. 07.07.2017 drawn on SBI so as to not hamper the maintenance but the cheque was returned by the O.P. The O.P dug a drain in front of her flat without any purposes where the dirty water accumulated and causing serious health hazards making the surrounding unhygienic. The O.P becomes unable to show the audited account against the money collected in the name of maintenance and completion and occupation certificate not provided even after two years of giving possession of the Flats. In spite of repeated visits to the O.P and his official also with the Director no result came out for which the Complainant sent a consumer notice on dtd.02.11.2018. The O.P has created an unauthorised bank account to collect money in the name if other persons. The cause of action arose on dtd. 25.03.2017 when the O.P made demand to pay the maintenance charges. Hence the Complainant submits that the O.Ps has committed deficiency in service and they shall be penalised and relief may be granted to him as per the prayed.
As per the O.P the Complainant being a member of M/S Associates Infra Developers Pvt. Ltd. Is aware of about the maintenance charges for the period from 01.04.2017 to 30.09.2017 and she has never raised any objection in this matter rather agreed to pay the same. The concessions made to the Duplex owner and flat owners are as per the guidelines of M/S Associates Infra Developers Pvt. Ltd. not arbitrarily. The O.P received the Completion Certificate on dtd.12.04.2016 and occupancy certificate from SDA on dtd.17.08.2019 . The audited accounts of Income/Expenditure are already presented before the members in general meeting. The allegation of poor construction, broken tiles and developing function day by day, it is clarified that none of the tenant except the Complainant has complained of against the O.P. Rather the quality of the said building and maintenance were being appreciated by the other tenants. The Officials of the O.Ps are attending quickly in case of any complaint registered. The possession letter was issued to the Complainant on dtd. 03.05.2016 at the time of delivery of the said flat and her husband has signed endorsing that all the civil work and incidental plumbing and electrical work has been completed in flat no-204A-Kushabhadra. The O.P has returned the cheque as the Complainant has not paid the full maintenance charges of Rs.19,199/- from 01.04.2017 to 30.09.2017. After completion of the project and giving possession to the owners, the O.P applied for completion certificate from SDA and permission for digging drain in front of the flat of the Complainant. Apart from the project there is a natural NALA outside the boundary of the Flat since long. Before filling the Consumer case the Complainant has never visited the office or official and there is no such bank account in the name the O.P or some other person as alleged by the Complainant. The Complaint petition is not maintainable and the Complainant is not entitled to any relief.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has availed a flat from the O.P on payment. The O.P has not fixed the maintenance charge and not conveyed the period for which he demands the maintenance charges keeping the flat owners at dark. The O.P has fixed separate charges for Duplex, and Apartments, shops etc although everyone is enjoying the same services like electricity cleaning, gardening etc. which is objected by the Complainant because she is paying higher charges but availing the same basic amenities/facilities as the other flat owners paying less amount. The O.P is compelling the Complainant to pay as per his demand without asking the reason which is unfair. The O.P becomes unable to show the audited account against the money collected in the name of maintenance and completion and occupation certificate not provided even after two years of giving possession of the Flats. Also the directors are not taking interest to resolve the problems of the flat owners. Hence it is clear that the O.P has committed deficiency in service and we order as under:-
ORDER
The Complaint petition is allowed. The O.P is directed to fix the maintenance charges as per the facilities provided to the Complainant and act as per the agreement to provide a clean and hygienic environment. The O.P is further directed to pay Rs. 50,000/-to the Complainant as Compensation for harassment, mental pain and agony and Rs.20,000/- as Cost of litigation. All the payment, as above, shall be made within a period of 4 weeks from the date of receipt of a certified copy of this order, failing which the O.P shall pay interest @ 5% per annum on this amount from the date of filing the complaint, i.e., 03.05.2018 till its realisation."
Order pronounced in the open Court today i.e, on 13th day of April 2021 under my hand and seal of this Commission.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
-Sd/- -Sd/-
MEMBER(W) PRESIDENT
Dictated and Corrected
by me.
-Sd/-
PRESIDENT.
