BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 13/06/2012
Date of Order : 31/10/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 352/2012
Between
Binoy Mohan, S/o. K.A. Mathew, | :: | Complainant |
Kaithamana House, V.T.J. Enclave, Maradu. P.O., Ernakulam – 682 304, Rep. through his Father/Power of Attorney Holder. K.A. Mathew, Kaithamana House, V.T.J. Enclave, Maradu. P.O., Ernakulam – 682 304. |
| (By Adv. Sherry J. Thomas, XL/5977, Infant Jesus Building, Banerjee Road, Kochi – 31, |
And
1. M/s. (Star Homes), | :: | Opposite Parties |
Star Foundations and Structures Private Ltd., South Star Apartments, Building No. 38/2378-A4, Opp. KSRTC Bus Stand, Ernakulam – 682 035. 2. Ajay Varghese George, S/o. K.V. George, H. No. 33/190 of Kalamassery Municipality, Villa No.4, Star Enclave, Chembokadavu Road, Vattekunnam Kara, Thrikkakara North Village, Edappally North – 682 024. |
| (Op.pts. by Adv. Anil Xavier, Associated Chambers, Lawyers & Consultants, IIIAM, 209, Main Avenue, Panampilly Nagar, Cochin - 36) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant purchased an apartment from the opposite parties vide sale deed dated 20-07-2010. Subsequent to the payments and registration of the deed and in spite of delivery of possession of the flat, the opposite parties failed to comply with the promises and services offered to the complainant let alone others. The following facilities/services are to be completed by the opposite parties :-
Electricity connection to the complainant.
Kerala Water Authority connection to the apartment.
To clean the common areas in the building and to provide proper security staff as per the service offered.
To complete the construction of the compound wall.
To form the apartment owners association.
The complainant is before us seeking direction against the opposite parties to comply with the above facilities/services of the contract agreed upon and to pay a compensation of Rs. 1lakh. This complaint hence.
2. The opposite parties duly accepted notice of this complaint from this Forum, but they opted not to contest the matter, for reasons whatsoever. Proof affidavit has been filed by the Power of Attorney of the complainant. Exts. A1 to A5 were marked. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows :-
Whether the opposite parties are liable to provide the services/facilities as claimed by the complainant?
Whether the complainant is entitled to get compensation of Rs. 1 lakh from the opposite parties?
4. Point No. i. :- The complainant purchased an apartment from the opposite parties by Ext. A1 sale deed dated 20-07-2010. According to the complainant, the opposite parties failed to provide the following facilities to the complainant.
Electricity connection to the apartment.
Kerala Water Authority connection to the apartment.
To clean the common areas in the apartment complex.
To provide Security Staff.
To complete the construction of the compound wall.
To form the apartment owner's association.
5. Being the builder of the apartment complex, the opposite parties are contractually and legally liable to provide the above facilities/services to the complainant where they have failed. The opposite parties agreed to provide the above facilities vide Ext. A4 letter dated 08-12-2011 though belated, however, no explanation is forthcoming on their part for the further delay in keeping up the same even as of now.
6. Point No. ii. :- Even within a span of 2 years, the opposite parties have not completed or cared to complete the contract for which they are legally liable the customer having been put to irreparable waiting and mental agony and also for monitory loss calls for compensation, we fix it at Rs. 25,000/-
7. In the result, we allow the complaint in part and direct as follows :- A) The opposite parties shall jointly and severally forthwith provide the following facilities/services to the complainant :-
Provide Kerala State Electricity Board connection to the complainant's apartment.
Provide Kerala Water Authority Connection to the complainant's apartment.
Clean the common areas in the apartment complex.
Provide security staff to the apartment complex.
Complete the construction of the compound wall.
Form the apartment owner's association.
B) The opposite parties shall also pay a compensation of Rs. 25,000/- to the complainant for the reasons stated above.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amount shall carry interest @ 12% p.a. till payment.
Pronounced in the open Forum on this the 31st day of October 2012.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the sale deed |
“ A2 | :: | Copy of the relinguishment letter dt. 09-07-2010 |
“ A3 | :: | Copy of the statement of account as on 21--09-2010 |
“ A4 | :: | Copy of the letter dt. 08-12-2011 |
“ A5 | :: | Copy of the power of attorney. |
Opposite party's Exhibits :-
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