Order-11.

Date-29/11/2016.

This is an application u/s 12 of the C.P. Act, 1986.

Complainants’ case, in short, is that they purchased a flat measuring about 10055 Sq. ft. including covered car parking space on 27.7.2013 from OPs. Op No. 1 issued the possession letter on 07.09.013 in favour of the Complainants regarding the said flat and the same was actually  partial  possession as no car parking space was allotted at the point of time. The Complainants found it difficult to stay in the flat as there was no connection of electricity. They have paid all charges for electric connection of the said flat. As per clause 848 at page 10 of the agreement the OPs have not provided any technical assistance to connect the electricity line of the flat with the main supply line / meter which was sanctioned in favour of the Complainants by the WBSEDCL. It is also

alleged that the OPs have not handed over the keys of the letter box which was allotted to the Complainants by the O.Ps. On 01.10.2013 OP No. 1 issued an invoice against the Complainants claiming maintenance charges on and from October,2013 to December,2013  at the rate of Rs. 2/- per Sq. ft. It is alleged that according to clause 6.1.5 of the agreement parking space allotment shall be allowed to the buyers after completion of the construction of the same building but simultaneously with delivery of possession of the said flat. But, the seller failed to comply with the same. One Sri B.B. Barman, Property Manager of O.P. informed the Complainants that maintenance charges previously was Rs.2/- and was reduced to  at the rate of Rs 1.80, later, because there was a surplus in the maintenance collection, but did not furnish the break-up. It is also alleged that the car parking space does not fall into any part of common portion. OPs however, allowed a car parking space to the Complainants vide their letter dated 16.5.2014 which was received by the Complainants on 20.5.2014. The Complainant No. 1 thereafter requested the OPs to draw a fresh bill commensurating with the date of complete possession i.e.  20.5.2014 but OPs, without giving any reply again issued an invoice on 01.7.2014 along with previous outstanding and interest on previous outstanding. It is alleged that the Complainant could not avail electricity connection for non cooperation of the OPs till date. It is alleged that the car parking spaced has also been allotted to some other person because an unfortunate incident took place when the Complainants parked their car in to the space so allotted to them. Some other person objected to such parking and the Complainants have alleged deficiency of service and harassment against the OPs. Hence, this case.

Points for decision

1)       Whether the OPs have been deficient in rendering services to the

          Complainants?

2)       Whether the Complainants are entitled to get relief as prayed for?

Decision with reasons

          We have travelled over the documents  of record i.e. photocopy of  sale dated 12..6.2010, photocopy of  deed of conveyance dated 27.07.2013, photocopy of  possession certificate, photocopy of  different letters and e-mails n between the parties, photocopy of   letter of allotment for car parking space

dated 16.05.2014 and other documents on record.

As alleged and as we find the complainants have alleged  deficiency of service regarding non electrification of the subject flat. It is alleged that OPs

have not provided technical  assistance to connect the electric line of the flat with the main supply line / meter which was sanctioned in favour of the Complainants by the WBSEDCL. The second allegation is regarding claim of maintenance charges on and from October ,2013  at the rate ofRs. 2/- per Sq. ft. reduced to Rs.1.80 per Sq. ft. Subsequently, it is also alleged that the car parking space was allotted to the Complainants on 14.5.2014 and such allotment letter was received  by the Complainants on 20.5.2014. Regarding maintenance charge, we think that the parties are bound by the contractual obligations in between the parties as stipulated in the sale agreement dated 12.6.2010d and in the deed of conveyance dated 27.7.2013. We have nothing to say with regard to the same because both of the parties are bounded by the contractual obligations. We find that the car parking space was allotted in favour of the Complainants  on 20.5.2014 vide letter dated 16/05/2014. OPs cannot claim any maintenance in respect of the car parking space before the date of delivery of possession to the Complainants i.e. 16.5.2014. Regarding maintenance charges with regard to flat, we find that the flat  was delivered in favour of the Complainants vide possession certificate dated 07.9.2013. We find that OP No. 1 issued invoice against the petitioners claiming maintenance charges on and from October,2013. We have nothing to say regarding claim of such maintenance charges, because the flat was given delivery in favour of the Complainants on 07.9.2013 and the petitioner no. 1 also took up the possession  by signing on the possession acknowledgement letter being satisfied with vacant, peaceful possession being satisfied. The possession acknowledgement letter dated 07.9.2013 speaks for itself.

We, however, think that the Complainants can not raise any dispute because they took physical possession of the subject flat and Appurtenance  finding it  vacant, peaceful and satisfactory. We think that the OPs have been negligent in co-operating with the Complainants for connection of the electricity line of the Complainants’ flat with the main line / meter which was sanctioned in favour of the  petitioners by the WBSEDCL and it is alleged that in spite of several requests the OPs did not co-operate with the Complainants  or did not allow any mechanical from outside to get the electricity connection of the said flat. It is also alleged that on 10.5.2014 when the Complainant parked their car in to the space allotted to them, an unfortunate incident took place with a person, came and objected  to such parking. Be that as it may, we however, find that the car parking space was allotted to the Complainants vide letter dated 16.5.2014. There is nothing in clause  4.1.3 of the agreement   for sale that possession of the flat would remain incomplete in absence of parking space allotment and the OPs cannot claim any maintenance for the space allotted in respect of the subject flat or the car parking space does not fall into any part of the common portion or the subject flat also includes of car parking space or completion means parking space shall be deemed to have been completed in all respects and be handed over to the Complainants.

          None came from the side of the OPs challenging the version to the Complainants with regard to non electrification  of the subject  flat or failure to handover the key of the letter box of the flat to the Complainants. In absence of any contrary of the controverted version, we think that the Complainants are entitled to get the relief in this regard and we think the OPs have caused deficiency of service on this score.

Hence, the case succeeds in part.

          Hence,

Ordered

That the case be and the same is allowed ex parte but on merit.

OPs are directed to hand over the keys of letter box  of the subject flat in favour of the Complainants and also ensure that car parking space allowed in favour of the Complainants must not be allotted to somebody else so that the Complainants may enjoy it without any encumbrances or hindrances from any quarter.

The OPs are directed to comply with the mandate of this Forum within one month from the date of this order.

OPs are also directed to pay an amount of Rs.10,000/- to the Complainants for causing of harassment, mental agony, trauma within the said stipulated period apart from litigation cost of Rs.10,000/-.

Failure to comply with the order will entitle the complainant to take recourse to Section-25 read with Section-27 of the C. P. Act,1986 and in that event O.Ps. shall have to pay penal damage  at the rate of Rs.200/- per diem to be deposited to this Forum till full and final satisfaction of the decree.