Complaint No. :442/2009 Filed on : 29/06/2009 Decided on : 22/07/2010 Duration : 01 year 00 months 22 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Smt. Mrunal M. Gurusiddhanwar Damodhar Hall, Bachhubhai Building, 1st floor, Room no.4, Bhatankar Marg, Patel, Mumbai 400 012. ..Complainant V/s. The Chairman/Secretary Sagun Co-operative Hag., Soc., Ltd., Rambag Lane no. 4, Chikanghar, Kalyan(W) Dist - Thane. ..Opponent
CORUM : HON'BLE PRESIDENT : MR. M.G.RAHATGAONKAR HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv. M.D.Sahasrabuddhe Opponent Exparte J U D G E M E N T (22nd July 2010 ) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. The Complainant has filed this complaint under section 12(a) of Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under. The Complainant has filed delay condonation application alongwith the complaint. The forum has passed the order for condonation of delay on dt.20/07/2009 vide Exhibit no.5 That the Complainant is a government of Maharashtra Employee and the Opponent is the secretary of Sagun Co-operative Housing Society. The Complainant has purchased flat no. A-9, 2nd floor in the above Society since 1995. The Complainant has paid and is paying the Society Maintenance Charges regularly. Therefore she is a Consumer of the Opponent under section 2(1)(d) of the Consumer Protection Act 1986. The Opponent has not provided any account statement to the Complainant though repeatedly asked for. Thereby committing the acts of unfair trade practice as well as deficiency in service. On or about June 2007 the Complainant was intending to sale the said flat to Mr. P.S.Sane for which she demanded No objection certificate from the Opponent who has refused to issue the same. On the Contrary the Opponent had arbitrarily and in unjustified manner collected Rs.4,099/- from the Complainant. The Opponent has neither provided for the inspection of the accounts statement nor provided photocopies of the account books even though asked for while writing many letters. Therefore legal notice was sent on dt.30/05/2008 .. 2 .. to the Opponent. The Opponent received the said notice but they neither replied nor complied with the demands of the Complainant. Being aggrieved by the attitude of the Opponent, the Complainant has filed this complaint stating therein that the cause of action took place on dt.30/05/2008 hence the complaint is within the period of limitation and this forum has pecuniary as well as territorial jurisdiction to adjudicate and decide this complaint. The prayer of the Complainant is as follows:- 1.To hold the Opponent guilty of deficiency in service. 2.The Opponent to provide correct Audited/Accounts statement 3.The Opponent to refund Rs.4,099/- alongwith 18% p.a which is wrongly collected. 4.The Opponent to refund Rs.260/- towards the share alongwith 18% interest. 5.The Opponent to refund Rs.19,599/- alongwith 18% interest p.a 6.The Opponent to pay compensation of Rs.20,000/- on account of mental harassment/agony. 7. The Opponent to pay Rs. 5,000/- towards cost of the complaint.
2. The Opponent has been issued notice through the Forum. The Opponent has received the notice, the Complainant has produced notice report on record. The Opponent has neither taken any cognizance of the notice nor filed any written statement. Therefore the matter is fixed for Ex-parte hearing. In this complaint the contents of the complaint are non-controverted as the Opponent has not filed written statement/version. Therefore the only question arises for our consideration which is as under:- A) Whether the Opponent is negligent/deficient in their services towards the Complainant? We answer the same in the affirmative for the following reasons:- REASONS A) Explanation: It is crystal clear from the contents of the complaint that the Complainant has paid maintenance charges to the Opponent and the Opponent has issued receipts of the said maintenance charges. It means there is privity of contract and the consideration between the parties. The Opponent had not issued no objection certificate to the Complainant on or about June 2007 as she was intending to sale the said flat. The Opponent .. 3 .. has demanded arbitrary and unjustified amount of Rs.4,099/- to the Complainant though the said amount was already collected by the Opponent thereby committing negligency and deficiency in service. The Opponent has already collected Rs.260/- towards share amount twice. Collecting wrongful amount and not providing proper receipts or accounts and audit statement to authorised legal member of the society amounts to unfair trade practice as well as deficiency/negligency in service towards the Complainant. In this regard we want to bring to the notice of the Complainant to refer her complaint. Para no. 2, last lines are crystal clear which are as under:- Quote - “The Complainant without accounts could not correctly calculate the excess paid and ask for refund”. This forum has observed that there is substantial truth in the complaint though the Complainant has not filed the documents, therefore cannot be relied in toto just and reliable. With this view we pass the following order:- O R D E R 1. Complaint no. 442/2009 is partly allowed. 2.The Opponent to provide corrected Audited and Account Statement as far as amounts of Rs.19,599/- (Rs. Ninteen Thousand Five Hundred Ninty Nine Only) collected from the Complainant. If noticed that any additional amount is collected then the same shall be refunded to the Complainant forthwith. 3.The Opponent to refund Rs.4,099/- (Rs. Four Thousand Ninty Nine Only) to the Complainant and Rs.260/- (Rs. Two Hundred Sixty Only) collected twice wrongly alongwith 9% interest pa from filing this complaint. 4.The Opponent to pay Rs.5,000/- (Rs. Five Thousand Only) to the Complainant towards compensation for causing mental harassment/agony. 5.The Opponent to pay Rs.2,000/- (Rs. Two Thousand Only) to the Complaint towards cost of the complaint.
.. 4 .. 6.The Opponent to follow this order within 30 days of this order through direct payment or else additional penal interest shall be payable @3% p.a from the date of passing of this order. 7.Certified copies be furnished to both the parties free of charges.
THANE DATE : 22/07/2009
(MR. P. N. SHIRSAT) (MR. M.G.RAHATGAONKAR) MEMBER PRESIDENT | 
