Kerala

Thiruvananthapuram

CC/15/613

R Muraleedharan Nair - Complainant(s)

Versus

M/S Astride Builders & Developers - Opp.Party(s)

27 Jan 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

       SRI.P.V.JAYARAJAN    : PRESIDENT

     SMT.PREETHA G NAIR  : MEMBER

     SRI.VIJU.V.R                : MEMBER

 

CC.NO.613/2015 (Filed on :16.12.2015)

ORDER DATED : 28.01.2022

COMPLAINANTS

1. R.Muraleedharan Nair,
2.  

Mangattukadavu, Thirumala.P.O

•  

2. Renuka Devi.T,

W/o.Muraleedharan Nair,

TC.387/15, Sayoojyam,

Mangattukadavu, Thirumala.P.O

•  

(By Adv.K.Radhakrishnan)

565.  

OPPOSITE PARTIES

1. M/s.Astride Builders & Developers Pvt Ltd,

Rema Nikethan,

Viswambhara Road, Pappanamcode,

Thiruvananthapuram – 695 018

Rep.by its Director

 

2. Dileep kumar.P.S

Director, M/s.Astride Builders & Developers Pvt Ltd,

K.G.109, Kalpaka Gardens,Pappanamcode, Thiruvananthapuram- 695 018

             (Ops 1 & 2 by Adv.C.S.Rajmohan)

ORDER

SRI.VIJU.V.R.                :MEMBER

                          The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986.  The complainants are the owner of the apartment bearing No.AC-2, Aishwarya Homes, Infinity at Kuzhivila which was constructed by the opposite parties. An agreement dated 23.07.2014 was entered between the second complainant and the opposite parties wherein it was agreed that the apartment would be completed on or before 30.09.2014. Though the complainants had effected payment of Rs.20,00,000/- (Rupees twenty lakhs only) on the date of agreement itself and further payments were made subsequently, the flat was not completed by 30.09.2014 and it took more than 3 months more to execute the sale deed. Though the sale deed was executed on 21.01.2015 many of the works were pending. Common facilities such as children play area, toilets for servants in the ground floor, A/c Recreation club, A/c Health club, passenger lift etc were offered, the same were also in an incomplete stage and even now they are not completed and even the lift is not functioning properly at present. The opposite parties had collected Rs.75,000/- (Rupees seventy five thousand only) on 15.09.2014 for giving electricity and water connection to the apartment. Even now the electricity and water connection are not given by the opposite parties despite the fact that more than one year has passed from the date of collection of the amount. Since the works were not completed and since the electricity and water connection were not given the complainants could not occupy the apartment even though the sale deed was executed on 21.01.2015. Due to persistent requests of the complainants, the opposite parties managed to provide electric connection on commercial basis from the Kerala State Electricity Board and water from an existing well was pumped into the tank there by electricity and water were supplied to the flat owners / tenants though on paying high rates of tariff. But by the first week of October 2015, the Kerala State Electricity Board disconnected the service, and the opposite parties had installed a generator during the second week of October, 2015 for giving electricity to the apartment owners. The opposite parties started charging electricity charges @ Rs.2.50/- per sq.ft and a bill for the month of October & November was given on 03.12.2015 for an amount of Rs.5512/-  which included previous balance of Rs.2450/-. It is really unfair to calculate electricity charges based on the area of the apartment. In fact the complainants are paying maintenance charges also @ Rs.1500/- per month and the opposite parties had collected charges for six months at the time of handing over possession of the flats by letter dated 24.04.2015. The opposite parties ought to have given electricity and water connection well before the date of execution of sale deed on 21.01.2015 as they have collected the amount of Rs.75,000/- as back on 15.092014 itself. But instead of doing so, they have installed a generator and are charging high rates without any justification and when the complainant has resisted the same, the opposite parties are now taking hasty steps to take away the generator to put the residents in the flat in darkness and scarcity of water since the water is pumped from the well using motor run by electricity.  The act of opposite parties 1 & 2 amounts to deficiency in service & unfair trade practice, hence this complaint.

2.       The Opposite parties 1 & 2 entered appearance. Second opposite party has filed version on behalf of the first opposite party also and averred that  the complainant is not maintainable either in law or on facts. The delay of three months was due to the reason that sanction for tar cutting was not allowed by the Public Works Department and Corporation due to the reason that, season was not favourable. The allegation that the lift was not working is stated in the complaint is not correct. The delay happened in giving water connection and electricity was not purposeful. It was due to unforeseen incident happened to the opposite parties. The climate was not favourable hence sanction for road tar cutting was not allowed. Later connection was granted to the complainants. Opposite parties with earnest effort took measures for providing electricity and water connection. For that purpose a generator was also installed. The bill was pertaining to three months and the amount remitted by the complainants is charged only based upon domestic tariff. The maintenance charge paid by the complainant is based upon agreement and there is no illegality. The flat is now occupied with 39 inhabitants. None of them except the complainant has got complaint against the opposite parties. Hence complaint be dismissed.

Issues to be ascertained

i. Whether there is any deficiency in service or unfair trade practice from the side of opposite parties 1 & 2?

 

ii. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):-     Both these issues are considered together for the sake of

convenience. The complainant has filed affidavit in-lieu of chief examination and was examined as PW1 & he has produced 7 documents which were marked as Exts. P1 to P 7.  Opposite parties 1 & 2 have no oral or documentary evidence. The complainant as well as the opposite parties 1 &2 filed argument notes. It is admitted by the opposite parties 1 & 2 that there was a delay of 3 months in allotting the flat to the complainant from the agreed date. But they have not adduced any documents to explain such delay.  It can be seen from Ext P5 that the opposite parties 1 &2 have collected Rs. 75,000/- from the complainant for providing electricity and water connection. But they have not provided the same and it is admitted by them. The opposite parties 1 &2 took the contention that they have provided alternative facilities for electricity and water connection. However it is the duty of the opposite parties 1 & 2 to provide basic amenities and facilities like water and electricity connection and not alternative facilities. It is obligatory on the part of opposite parties 1 &2 to hand over the possession of the flat to the complainant with all the amenities agreed. The contentions of opposite parties are unsustainable as it is not substantiated by means of any evidence that the electricity and water connections were delayed by events beyond their control. So we find that there is deficiency in service from the part of the opposite parties 1 & 2, hence opposite parties 1 & 2 are liable to compensate the complainant.

                    In the result, the complaint is allowed. The opposite parties 1 & 2 are jointly and severally directed

1. To continue the electricity and water supply to the complainants without any interruption.

 

2. Not to take away/ remove/ shift the generator from the premises where it is installed till proper water and electric connection are given to the complainant from the proper authority.

 

3. To issue bills based on the actual consumption and not based on area of the flat.

 

4. To provide electric connection from the Kerala State Electricity Board and to give water connection from the Water Authority immediately.

 

 

5. To pay an amount of Rs.1,00,000/- (Rupees One lakh only) as compensation for the mental agony suffered by the complainant.

 

                  

6. To pay Rs 2500/-(Rupees two thousand five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of default till realization.

                         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                      Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of January 2022.

                                                                                            Sd/-

P.V.JAYARAJAN: PRESIDENT

 

•  

PREETHA G NAIR: MEMBER

 

•  

VIJU.V.R: MEMBER

 

 

 

 

 

 

Be/

 

 

4814015932.  
4814015933.  

List of witness for the complainant

PW1                      - R.Muraleedharan Nair

Exihibits for the complainant

Ext.P1                            - Copy of Contract agreement

Ext.P2                            - Copy of receipt voucher

Ext.P3(series)                  - Copy of receipt voucher

Ext.P4                            - Copy of invoice dated 23.01.2015

Ext.P5                            - Copy of receipt voucher dated 15.09.2014

Ext.P6                            - Copy of electricity bill dated 03.12.2015

Ext.P7                            - Copy of letter dated 24.04.2015

List of witness for the opposite parties                  NIL

Exhibits of Exhibits for the opposite parties         NIL

Court Exhibits                                                      NIL

 

 

 

                                                                                    Sd/-

                                                                           PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRICT CONSUMER

DISPUTES REDRESSAL

COMMISSION

VAZHUTHACADU

 THIRUVANANTHAPURAM

 

 

CC.NO.613/2015

ORDER DATED : 28.01.2022