ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not providing the amenities as mentioned in the brochure and also not providing the completion certificate and occupation certificate and for direction to do the same and for damages of Rs.12,00,000/- for not completing the work along with interest @ 24% per annum on the above said amount and cost and other relief as the commission deems fit.

2.     The brief facts of the complaint are that; the complainant is a purchaser of the flat constructed by builder and developer i.e the OP. OP developed and constructed the flat in the name “Ram Lake view Meadows” situated at Kattigenahalli Village, Yelahanka Hobli Bangalore.  The complainant purchased the 2 BHK flat bearing No.      205, Block No.2, measuring 1105 sq.ft for a sum Rs.40,88,500/-. The breakup cost of the building is basic cost, car park fee, KEB and BWSSB deposit charges, VAT and service taxes.  The complainant entered into the construction agreement and also a sale agreement. The construction agreement consists Schedule-II mentioning the specification of infrastructure to be provided. After making initial payment and entering into an agreement of sale, complainant obtained loan from the bank towards the entire sale consideration and the construction cost was paid to the builder and the complainant paying the loan /EMI’s to the bank. 

3.     After the purchase, OP assured that 95% of the construction of the building has been completed and the building is ready for occupation and the remaining pending work would be completed within a short time. Believing the words of the OP, the complainant shifted his place of residence to the flat purchased by him.  Even after two years after occupying the flats, there were lot of incompleted works. They are:

1. Specific demarcation/allocation of parking for each of the flats after completing the floor finishing work. This could results in serious conflict and it will effect the harmonious living of flat inmates.
2. STP, rain water harvesting & solar lighting provision as per approved BBMP plan are yet to be completed.
3. Soundproof standby generator to the common areas, lifts, water pumps, 0.6 KVA backup to the flats as promised has not been provided.
4. Automatic six passenger lifts, two for each block with generator backup as promised have not been provided.
5. The roof of Block-I is worst affected against which promised re-roofing has not been started.
6. RCC roof for Block-II stair case is not completed.
7. Window Chajjas for windows in open areas has not been provided, permanently affecting the rain water protections and provision for coverage for rain water in the open areas of the corridor has not been made.
8. Elders park, community hall, basketball half court and requisite wooden flooring for the Gym have not been started.
9. TV, telephone and intercom points as promised have not been provided.
10. Concealment of sewage, drain and water pipes are y et to be completed.
11. Provisions of waste management for flats as per BBMP rules is not provided.
12. 2^nd and final coat of apex pain on the exterior walls of both the blocks and left over main door paints of each flats is not completed.
13.  The electrical and plumbing drawing for the flats and building not provided permanently affecting requisite repairs when necessitated.
14. Pending works for the faulty workmanship in the flat like flown away of plastic shade sheets in the roof tops, poor quality overhead water tanks, improper electrical wiring and plumbing fitting etc., have not been undertaken affecting safety and security.
15. Maintenance charges for the common areas services and electricity bills in addition to provision of security which has to be borne by the respondent has not been paid till date.
16. Swimming pool made is incomplete and non-functional.
17. Bore wells provided for supply of underground waters to the flats do not meet the basic minimum requirement.

4.     It is further contended that OP has not constructed the building/apartment as per the mandated instructions. The complainant and the apartment owners gave several letter and wrote letter to the OP to comply with the commitment and assurance made by Op as per the brochure. On 01.07.2015 a meeting was held and OP assured that all the pending works would be completed within a stipulated time and to that effect, a slleter was also written by him. Inspite of the said assurance, OP did not carryout the same and hence the complainant had to give a complaint to the police station.  A letter was also addressed to the President of the Apartment Owners Association by the OP claiming that he has completed all the work. It is not true and as on filing of the complaint also, OP has not completed the said assurances and promises made in respect of providing the amenities. OP has to provide the possession certificate and also the completion certificate. Though he has provided the possession certificate the same has not been from the authorized person. The same requires to be rectified by the BBMP Authorities. OP has taken the full sale consideration and executed the sale deed and registered in favour of the complainant.

5.     It is contended that due to the non-functioning of the lifts and other amenities, the elderly persons and aged persons who are staying in the upper floor are suffering lot and many of them have suffered injuries and fractured their legs.  Aged persons who have several ailments are not in a position to climb the stair to go to their flats.  Inspite of repeated requests and pleading with the OP to provide all the amenities since Op has not taken any care in that regard they had to issue a legal notice on 21.05.2016.  The said notice has been replied vaguely by the OP. 

6.     It is further contended that Op has not paid the taxes due to the revenue authorities. All the apartment owners jointly contributed and paid the taxes due to the revenue authorities which was to be paid by the OP. OP deliberately avoided to pay the taxes and to meet the standard prescribed by BBMP approved plan. He failed to provide the occupancy certificate as promised in the brochure, sale deed construction and sale agreement.  Since OP did not comply with the norms prescribed by BBMP, there is deficiency in service and hence OP has to pay damages to the complainant there is deficiency in service on the part of OP and hence the complaint.

7.     Upon the service of notice S Ramaswamy Reddy representing in the capacity of power of attorney holder M/s Panchamukhi Enterprises and also as proprietor of M/s Ram Associates, OP appeared before the commission and filed its version.

8.     In the version filed, it is contended that the complaint is not maintainable either in law or on facts and the complainant has misrepresented the facts and is guilty of suppressing the material facts and also the complaint is bad for non-joinder of necessary parties and hence prayed to dismiss the complaint. It is further contended that they have constructed the wonderful apartment and that Ram Enterprises Represented by M. Ramaswamy Reddy has vast experience in the construction of apartment. In the brochure they have shown the skeleton view of the project to be built as per floor plants approved by the authorities.  The contention that the sale consideration covers the basic cost, car parking, KEB and BWSSB and VAT and service taxes is not correct. It is contended that the said sale consideration do not cover the service tax and the legal expenses and other miscellaneous expenses and that has not been included in the said breakup and the same has to be paid by the complainant. 

9.     The complainant is due outstanding amount on the different heads. It is not correct to say that he represented that 95 % of the building has been constructed whereas the entire construction was completed in all aspect. The say of the complainant that he assured that the building would be ready for occupation in a short time is not true.  It is also denied having assured that he would be completing the remaining work within short time and inspite of it, did not complete even after two years after the sale.  He has denied the contention that the parking slot was not demarcated, complainant and some of the flat owners virtually prevented the OP to demarcate the parking space in order to harass the OP. He is ready to demarcate the parking space under any independent commissioner appointed by this forum. He has also submitted that he has provided rain harvesting system. He had not assured regarding providing the solar lighting. He has undertaken to provide the swearage treatment plant as soon as all the apartment owners paid their respective dues. 

10.   Regarding not providing sound proof generator and 0.6 kv backups, OP has undertaken to provide the same and further in respect of not providing the lift, he had contended that lifts have already been provided   as per the specification and same are being used by the complainant and other inmates.  It is contended that, the allegation regarding the damage in the roof of Block No.I is patently false. Water proofing works has been provides to all the roof and there is no damage to the roofs. Further not completing the RCC roofing of block II staircase is untenable as the same has been carried out as per the architect design. He has further denied the allegation regarding providing sajjas to the windows in the open area. The drawing provides did not have any provision for the sajjas to the windows. The same has been provided for few apartment on the request of the apartment owners. He has further contended that as per the brochure and assurance, he has provided elders park, community hall, basket ball half court and also the Gym. He did not assure of providing wooden floor to the Gym. Further the allegation of not  providing TV, telephone point, intercom points are incorrect. 

11.   It is further contended that since OP handed over the possession of the apartment even before receiving the entire amount, certain works could not be completed and the same was undertaken by him to be completed after the receipt of the entire amount subject to the cooperation of the concerned apartment owners.  He has denied the contention raised in respect of the allegations made regarding the concealment of sewerage, drain and water pipe provision of lift management and providing 2^nd and final quote apex paint on the exterior wall. Regarding providing the electrical and plumbing drawing to the same would be handed over to the association of the apartment owners after receiving the entire amount.  The allegation of substandard workmanship has been denied by OP. Further builder is not bound to pay the maintenance charges and further the allegation of not completing  the swimming pool and not providing the borewell with sufficient water are all false and untenable. He has also denied that the building has not been constructed as per the mandatory instructions by the BBMP authorities.  The possession certificate was given to the respective owners of the apartment at the time of when the apartment owners took possession of the apartment, constitution that the same not in accordance with  BBMP norms are not correct, he has denied the allegation that the complainant has paid the entire amount and there is no amount due from him. 

12.   Substantial amount payable as per the construction agreement and the sale agreement have not yet been paid.  He has admitted having received the legal notice and has properly replied and it is not vague. He has constructed the building as per the approved plan by BBMP. OP has denied the allegations that he has not paid the taxes and not constructed the building in accordance with the approved plan and failed to provide occupancy certificate which amounts to deficiency of service and on the other hand the same would be attributable to the complainant and the land owners.

13.   Further it is contended that the complaint is liable to be dismissed in limine for misjoinder of parties and non-joinder of parties. One Smt.Lakshmi the partner of Panchamuki Enterprises had entered into joint development agreement with OP. The proprietor Ram Enterprises has not been made as OP in whose favour the approval and sanctions have been obtained for the development of lands. And also power of attorney executed to sell the developer share and also undivided share. Joint development agreement entered into between them. They have been always transparent and did not create any hindrance to the flat owners.  Op informed the complainant and other flat owners that until occupancy certificate is not obtained he cannot handover the flats and register the same inspite of this the flat owners requested for handing over and registering the same and hence the possession was handed over with the letter. Complainant and the flat owners have certificate with the quality of the construction.

14.   There is no violation of the sanction plan. On the other hand, the purchasers of the flat modified themselves by making grills, shifting the walls to suit their convenience. In fact the apartment owners unilaterally removed the western commode fixed the toilets and replaced the same with Indian toilets making the hole in the slab without concern about the structural safety of the building. Op has not at all made any alteration in violation in construction of the building as per the approved plan. Due to the extra load of constructing the walls and additional structure, there is danger to the building and in case the same is not removed the BBMP authorities may not issue  completion certificate and the occupancy certificate.  Filing of this complaint by the owner of the flat is with an intention harass and to defame the OP. The flat owners issued a legal notice on behalf of the association. Only some of the individual owners have filed this complaint, which itself indicates that many of the owners are happy with the services provided by the OP.  Sale consideration mentioned in the sale deed is as per guidance value which varies from the market value of the property. Under this background, the contention of the complainant that they have paid the entire sale consideration is far from truth.  After obtaining the bank loan, Op has been repeatedly seeking and demanding the complainant to pay the balance amount in order to complete the construction in respect of the works for which the complainant did not heed. Complainant has not made the full payment in respect of service tax as well as legal expenses which has been borne by OP himself. Further denying all the allegation made in the complaint and contending that there is no deficiency in service and unfair trade on its part prayed the Forum to dismiss the complaint. 

15.   In order to prove the case, both the parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainants have proved deficiency in service on the part of the Opposite Party?

2) Whether the complainants are entitled to the relief prayed for in the complaint?

16.   Our answers to the above points are:-

POINT NO.1 & 2:     Partly in the affirmative. 

                                For the following.

REASONS

POINT No.1:-

17.   It is not in dispute that the complainants purchased the flat constructed by the OP. The brochure is produced in order to market the flats built by the OP.  In the brochure it is mentioned as Features & Highlights are: “Cricket Net, Elders Park, Swimming Pool, Badmiton, Indoor Games, Basketball half court, Landscaped Garden,, Children’s play area, Well-equipped Gymnasium, Jogging Track, Round-the –clock security, Intercom, Rainwater harvesting, Multi-purpose Hall, Barbeque, Wide set backs, No common walls”.

18.   It is also mentioned in the specification that interior painting, interior wall painting will be done with one quote of premier and two quote of emulsion with smooth finish. Exterior wall, one quote of premier and two quote of apex paint. In respect of electric work, TV and Telephone point in the living room and in all bed rooms, water supply from borewell. Two automatic lifts for each block with six passengers capacity of Jhonson/Kone. Standby sound proof generator for common areas, lifts, water pumps and 0.6 KVA power back up for each flat and security round the clock. Every house to be connected to security office through intercom and also to provide rain water harvesting pits.

19.   Apart from filing the version and the affidavit, the  Forum suggested to the parties at the time of argument and directed OP to  attend the immediate needs of the complainant who have taken possession for decent living. Counsel for complainant also directed to file a list of work to be taken on priority and he filed the same. 

20.   OP also filed an objection and in that objection he had undertaken to do the work mentioned therein. Further both the counsel for the parties were directed to visit the spot to have the first hand information and condition of the building and work to be carried out.  Again OP was directed to complete the work mentioned in CV No.1,2,3,4 57 and 10 and 14 to be carried out in a span of 4 months and to file the report after two months.  Both the parties have filed the photographs claiming their respective contentions.

21.   When this is taken into consideration it becomes clear that OP did not carryout the assured facilities at the first point and afterwards undertook to do the same.  In the objections filed wherein he has undertaken to do the work, it is contended that in respect of seweage treatment plant the concrete work relating to pit have been completed and the remaining work placing to the installation of the machinery will be completed will be carried out by the builder.  In respect of reroofing of the block-I, it is informed that it has no meaning and there cannot be any reroofing as the same has been completed long back. With regard to the lifts and also as per the plan showing the brochure, he has to provide two lifts to block No.I and one lift to block No.II as per the number of flats.  The automatic doors will be provided to the said lift and there is no provision for providing the second lift for the second block. Sound proof for the generator which has already been installed to be carried out and the rain water harvesting has also been provided. The waste management will be provided as per BBMP rules and the second and final quoting of the external wall has been completed in the year 2015 itself and the same has been replied by giving the notice. After completion of the project and handing over the possession, the builder cannot be called upon to carryon the painting work and work relating to maintaining the building. Regarding providing sajjas to the windows he has contended that the same not been shown in the sanction plan or in the brochure but the same was provided at the request of the respective apartment owner out of the sheer goodwill and with fond hope of having good relationship. The same cannot be insisted as a matter of right as the builder suffer financially and suffer hardship and he would be expose to further loss. 

22.   Concealment of sewerarge and drain water pipe is concerned, the same is not the part of the work within the ambit of the builder, and it is not normally provided in any of the apartment and the same was not assured by him.  The elders park, basketball half court, Gym and community hall has been provided and he has not assured the wooden flooring for the GYM. Whereas he has provided vitrified tiles flooring for the GYM hall. He has undertaken to provide the intercom facility for the flats and further the swimming pool has been completed, and that it is a problem he is facing regarding getting the occupancy certificate as certain illegal fabrication structures for expansion have been put up by the complainant/flat owners contrary to the sanction plan. As and when the occupancy certificate is issued by BBMP, the same would be furnished to the purchaser and they have to remove the illegal structure put forth by them.

23.   He has also further stated in the objection that due to COVID situation, and that as he is not having any other project on his hand, and due to financial problem, he will carryout the work undertaken by him immediately after the complainant reimbursing the service tax and the legal fee which he has paid to the revenue authorities and to the advocate in advance and hence prayed to give a suitable direction. When this is taken into consideration as stated above, the complete work has not been carriedout.

24.   Complainant has produced the photographs to show that there is no flooring work done to the car parking area and the shabby picture of path way, water leaking from the drain pipes flowing over the parking area. Roof top terrace plastering come out. Poor quality sheet fixed on the roof  top. Not placing the water tank properly in block No.II and not maintaining swimming pool properly. Further not providing the sound proof generator and not providing the backup to the individual flats and also regarding providing the lift being manually operated. 

25.   Against this the OP has also produced certain photographs to prove his points. Wherein it is his contention that he has already provided concrete rings for providing rain water harvesting and to show that he has provided sound proof generator and also the lift with automatic doors and the documents to show that he has installed some playing articles to play for the childrens and to show that the sajjas has been provided to some of the flats and also regarding the swimming pool and further the grills work done by the complainant excluding the projection. When this is taken into consideration, this forum can come to the conclusion that OP has not completed the work assured by him in respect of the work complained by the complainant. At the same time, the complainant have also put the grills much against to the sanction plan which may render BBMP authorities to hold that there is deviation from the sanction plan and may refuse to provide the completion certificate and the occupancy certificate.

26.   Further OP and the complainant have produced the construction agreement wherein the amount mentioned as sale consideration do not include the taxes to be paid to the government and also the legal fee.  It is the contention of the OP that the complainant has to pay the taxes i.e. service tax/VAT tax and the legal fee separately apart from the sale consideration which only covers the basic construction cost, car parking, BESCOM charges, BWSSB, VAT and excluded the service tax the stamp duty, registration charges, legal fee and other miscellaneous expenses. OP has produced list of consolidated statement as to from which complainant how much amount towards service tax is payable and also calculated 12% interest on the said amount for 2½ years, for service tax due, according to OP payable by the complainant and other persons who have purchased flats from him amounts to Rs.77,98,888/- and interest at 12% on the said amount is Rs.23,39,656/-.

27.   Totally it comes to about Rs.1,01,38,555/- and in respect of the legal expenses at Rs.30,000/- per flats for 57 persons, it amounts to Rs.17,10,000/- and interest at 12% on the said amount in Rs.5,13,000/- and totally Rs.22,23,000/-. It is his contention that since he is not having any business, and put to financial problem, as he has been struck with this project, if the complainant pay the said amount, he will carryout the balance work which is remaining and hence requested the forum to direct the complainants to pay the said amount.  

28.   OP has produced the consolidated Statement in respect of each of the purchaser showing the cost of the construction agreement, cost of sale of the property i.e. Agreement of Sale, service tax paid by him, interest on the said amount in respect of this complainant and legal fee due from him with interest.  In respect of purchaser of Flat No.205 in Block-2, the construction agreement is for Rs.12,00,000/-, agreement of sale of Rs.28,88,500/- totally the cost of the flat of Rs.40,88,500/- excluding the service tax, the legal fee etc. He has calculated the service tax at the rate of 4.5% on the said amount amounting to Rs.1,83,983/- and interest on the said amount at 12% per annum amounting to Rs.55,195/- totally Rs.2,39,177/-. He prays the forum to direct the complainant to pay the said amount. He has also produced the statement in respect of the legal expenses he has incurred which the complainant has agreed to pay in the agreement. Each purchaser of the flat has to pay Rs.30,000/- towards legal fee.  He has claimed interest on the said amount whereas, he is not entitle for the same as he is only entitle for legal fee of Rs.30,000/- which complainant has agreed under the agreement.

29.   When this statement along with the contention of the OP read with the construction agreement it becomes clear that the complainants are due service tax at 4.5% on the sale consideration and also liable to pay Rs.30,000/- each towards the legal expenses as agreed. Under the circumstances we hold that there is deficiency in service on the part of OP in not providing the services and facilities as assured by him in the brochure and also in the construction agreement and in the sale deed and we answer POINT NO.1 PARTLY IN THE AFFIRMATIVE.

POINT NO.2.

30.   Complainant has sought Rs.12,00,000/- as compensation for the deficiency in service from the OP. He has not produce any material evidence to show that as to how he is entitle for Rs.12,00,000/- as damages. His only contention is that OP has not completed the work as assured in the brochure and in the agreement. As held by us above while answering Point No.1 OP is bound to carryout the said pending work without any excuse. At the same time complainant is bound to pay the amount retained by him in respect of service tax and also the legal fee.

31.   OP has produced the receipt for having paid taxes to the government. It do not becomes clear from the above receipt as to whether he has paid any interest on the tax amount paid by him. If he has paid any interest on the above tax due to the government then he is entitle recover the same from the complainant.  Though he has produced document to show that he has entrusted the work of providing the list and the work in respect of the swimming pool, the same is not convincing us and also whether an automatic lifts has been provided or only the automatic doors has been provided. Though he has contended that the swimming pool has been constructed and put in use, on looking into the photographs produced, we are of the opinion the same has not been put to use and is not maintained properly. Further on perusing the photographs in respect the roof of the First Block of the apartment, it becomes clear that the plastering has come out with roof which has given way for water flooding and also the photos clearly shows the same has not been maintained properly and so also in the car parking area where the seweage water pipe and water pipes are leaking and thereby the seweage water has spilled over in the car parking area rendering foul smell rendering the user of the place much difficulty and also it will also be unhygienic, for the persons to use the car parking area. Further the floor of the car parking area has not been maintained properly.  It has to be done in a systematic way.

32.   Further OP cannot say that he has only agreed for provide only one lift to the block No.II, as, it is clearly mentioned in the brochure that he will be providing 2 automatic lift of six passage capacity to each block. When that being the case,  OP cannot take the contention that he cannot make provision for the second lit for 2^nd and that then only 10 flats, who have agreed for using the lift already installed.  It is also the duty of the OP to provide the automatic lift instead of providing the automatic door to the existing lift.

33.   In view of this, we answer Point No.2 partly in the affirmative holding that the complainant is entitle for Rs.25,000/- as damages for the deficiency in service by the OP and Rs.5,000/- towards litigation expenses. Further we direct the complainant to pay the service tax and the legal fee to the OP as mentioned in the consolidated statement provided by the OP.  In case the complainant has paid the said amount, he need not pay the said amount and in case he has not paid the same he has to pay the same to the OP. OP has also claimed interest on the service tax paid by him at 12 % as discussed above.

34.   However since OP has paid the said amount to government on behalf of complainant, complainant has to pay interest on the said amount at 12% from the date of payment made in OP in respect of the flat. Regarding the interest claimed by the Ops in respect of legal fee OP is not entitle for the said interest where as he is only entitle for the legal fee, at the rate of Rs.30,000/- from the complainant. Besides, it is to be borne in mind that the complainant has to pay the service taxes, and interest on it. Once the amount is paid by all the apartment owners, it is quite possible that the OP may take away the said amount and may not carryout the pending work as mentioned above and as complained by the complaint. Hence we are of the opinion that the said amounts to be deposited in an joint account to be opened by some of the representatives/members of flat owners association and OP and pool the said amount to the said account. As and when there is a progress in the said work to be carried out, the amount has to be released to the OP by drawing the amount by the joint account holders. To start with the work, as soon as an amount of Rs.10,00,000/- is pooled the same  to be paid to the OP to procure the materials for work and after depending on the progress of the work and collection/pooling of the fund further amounts to be released by mutual consent. Hence we pass the following:

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to pay a sum of Rs.25,000/- towards damages for causing deficiency in services and Rs.5,000/- towards litigation expenses to the complainants.
3. Complainants are directed to pay to the OP the service tax i.e. Rs.1,83,983/- along with interest at 12% per annum from the date of payment of the same to the government till the deposit the said amount to the joint account and further the legal fee of Rs.30,000/- to the account to be opened jointly in the name of the flat owners/association/representatives and OP in respect of the complainant’s purchase of the flat, within 30 days from the date of this order.
4. Upon Opening the joint account as directed above, the association/representative to release a sum of Rs.10,00,000/- to prure the materials for the work to be done by OP to OP and to further release the amount as and when required after depending on the progress of the work to OP. In case of OP fails to procure the materials and start the remaining work complainants/representative/association are entitle to take up the works out of the amounts available in the joint account and complete the work to their satisfaction.
5. OP has to carryout the following works:

1. To provide replastering roof of the First Block with water proof material so that the water do not percolate to the roof.
2. He has to demarcate the car parking areas to the each of the flat owners for which the flat owners has to assist him and cooperate with him.
3. The STP and rain water harvesting has to be completed within 6 months.
4. Sound proof standby generator for the common areas, lifts and water pumps to be provided within 6 months.
5. Further 6 KVA backup generator to be provided to each flat.
6. Already fixed lifts which are manual or the door has made an automatic to be replaced with an automatic lifts.
7. OP to provide 2^nd automatic lift of 6 persons capacity to 2^nd block within 3 months from the date of order.
8. The RCC roof to block no.2 stair case has to be completed.
9. Where ever sajjas to the windows not provide the same has to be provided. Provided if it is in the approved plan.
10. The elders park, community hall, basket ball half court has to be provided and completed in all respect within 6 months.
11. OP need not provide wooden floor to the gym as it is not agreed ,
12. Intercom to be provided to all the houses connecting to the security office.
13. Sweage drain pipe, and water pipes are to be made leak proof and if required paint to be done to look it decently. It need not be covered as it would be difficult to get it repaired.
14. Waste management has to be done as per the BBMP norms.
15. 2^nd round painting has to be done as per the agreement.
16. The electrical and plumbing drawing to be provided to the flat owner association after the association submits its bylaws and rules to the OP.
17. Plastic sheet of good quality to be provided in the roof area and the water tank installed on the roof to be make leak proof and to be installed properly.
18. Swimming pool to be maintained properly and made functunal and sufficient water to be provided through borewell for the use of the flat owner. All these works to be carried out within six months form the date of the order provided all the flat owners who are due, deposit the amount as mentioned above to the joint account within 30 days from the date of this order.
19. In order to obtain occupancy certification or completion certificate, the flat owners who have carried out the extra grill work and extended the balconies are have done extra additional work which render the BBMP to take objection regarding providing the occupancy certificate has to be removed before the BBMP officials visit for the spot inspection.   

6. The OP is further directed comply the above order and submit the compliance report to this forum after six (6) months.
7. OP is entitle to receive the balance of amount available if any, in the pool/joint account, after completing the works mentioned in sub-para 5 above.
8. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 14^th DAY OF JULY 2021)

MEMBER                       PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Annexure:1: Copy of the Broucher of  the Apartment

Annexure:2: Copy of the breakup the apartment cost

Annexure:3: Copy of the Construction Agreement

Annexure:4: Agreement of sale for the flat

Annexure:5: Copy of the letter written by the OP

Annexure:6: Copy of the police complaint against the OP

Annexure:7: Copy of the work completion letter.

Annexure:8: Copy of the possession certificate.

Annexure:9: Copy of the sale deed.

Annexure:10: Copy of the medical certificate

Annexure:11: Copy of the discharge summary

Annexure:12: Copy of the legal notice

Annexure:13: Copy of the reply

Annexure:14: Copy of the tax paid receipt

Annexure:15: Copy of the challan.

Annexure:16: Copy of the Sanction plan

Annexure:17: photographs.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Ramaswamy Reddy, Proprietor of OP

Copies of Documents produced on behalf of Opposite Party/s

Doc.No.1 to 3: Photographs.

Doc.No.3(a): Copy of the letter

Doc.No.4 to 6: Copies of the equipments details.

Doc.No.7 & 8 : photographs.

Doc.No.9: CD

Doc.No.10: Copies of correspondences between Claire Crystal pools.

Doc.No.11: Copy of the email sent to Claire Crystal pools.

Doc.NO.12 to 14: Photographs.

MEMBER                              PRESIDENT

*RAK