BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.392 of 2019
Date of Instt. 09.09.2019
Date of Decision: 28.04.2023
Karamjit Singh son of Late Sh. Ranjit Singh, resident of C-15, Silver Heights Apartments, Near Wadala Chowk, Nakodar Road, Jalandhar.
..........Complainant
Versus
Silver Heights Residents Housing Association, Nakodar Road, Near Wadala Chowk, Jalandhar, through its President.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. T. K. Badhan, Adv. Counsel for the Complainant.
OP exparte.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OP is registered under the Registrar of Cooperative Societies under the Society Registration Act and the same is maintaining the affairs of the association which is being run for the management of Society which was formed by the residents of Silver Heights Society. The complainant had purchased three bedrooms flat in a C-Block of the said complex in the year 2014. There are total six blocks in the said society. All the residents of above said six blocks are members of society and they have elected the executive body of OP. The complainant has been making the payments of monthly maintenance from time to time to the OP and he has been getting receipts thereof. The complainant has never denied to make the payments to the OP for the development and betterment of the society. First of all, the OP started interlocking tiles project around the building of society, for this purpose only two tenders were called for which do not make a healthy competition. The expenditure was never displayed on board as agreed vide association letter No.4 dated 15.10.2016. Thereafter whitewash work was done by the OP recently in the society. The association called for tendered and the lowest being Rs.31,50,000/-, but certain respectable residents volunteered to retender and the rates for the same specification and schedule came down to Rs.26,00,000/-. The complainant had been advocating for market analysis of the rate quoted by the contractor, which was never done. On 5th July 2019, the OP disconnected the water supply of the complainant mischievously. Inspite of making necessary charges of maintenance by the complainant, which incidentally is not connected with the development work, the OP capriciously disconnected the water supply of flat pertaining to the complainant. Moreover the members of OP have trespassed into the property of complainant, in which they have no right in any manner to do so, despite putting up of a notice by the petitioner on that water tank. It is settled law of the land that basic amenities of life i.e. water, air and electricity cannot be deprived to anyone. The disconnection of water supply is deprivation of the fundamental right of the livelihood granted vide Article 21 of the Constitution of India. The association was created and registered under statutory provisions, therefore, bound to follow all the provisions of the said Act and bylaw. But the OP has done so in order to tease and degrade the prestige of the complainant. The association members derive sadistic pleasure by doing such mischief. It has clearly shows the malpractice done by the OP towards the complainant by disconnecting water supply of the complainant. Due to non availability of the water, the complainant suffered various problems which cannot be explained. The complainant and his wife are senior citizens and residing alone in their flat. The wife of complainant is afflicted with various ailments, hence she has suffered a huge tension and agony due to disconnection of water supply of their flat. The water supply to the flat was restored at the intervention of certain respectable of the society on 6.7.2019. The complainant requested to the OP variously by making letters as well as oral requests to collect charges of maintenance as well as funds of development of the society from all residents of all six blocks, but the OP is adamant to accede the genuine request of the complainant. The OP deliberately waiving off maintenance charges of some residents of a particular block, which is against the rule of parity. The complainant has raised the issue among the other residents of the society that all should have make equal maintenance charges towards the society, so that work of the society could be done smoothly. The OP had illegally disconnected the water supply of complainant and it was remained disconnected for one day and due to that disconnection of the water supply, the complainant suffered mental tension and agony caused by the OP towards the complainant. The OP is liable to make the compensation to the complainant. The act done by the OP comes under malpractice of the society, which is otherwise inhuman and irrational and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay a compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and further OPs be directed to pay a litigation expenses of Rs.20,000/- to the complainant, for his own pocket not from their association funds.
2. Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in the eyes of law, since the complainant is not a consumer, as per the provisions of the Consumer Protection Act, nor the OP is providing any service to the complainant for any consideration. As a matter of fact the OP is a non profitable welfare society formed by the residents of Silver Heights Housing apartment, situated at Nakodar Road, Jalandhar for the managing the affairs for the welfare of the residents of the apartments. The society is association of all the residents of the apartments of which complainant is also a part/member and constitutes the society. Being member of the society the complainant enjoys certain rights and is also duty bound towards the society, the said relationship is governed by the Punjab Apartments Ownership Act 1995. The office bearers of the society are elected by way of elections, as per rules. It is pertinent to mention here that term of office bearers is for limited period and office bearers are not paid any salary for the work done by them for the society. It is pertinent to mention here that the opposite party i.e. society do not charge anything or receive any consideration from the residents of the apartments for the work done by the office bearers, rather on the contrary the office bearers from their busy schedules and life take out time and work for the welfare of entire residents voluntarily and without any consideration. It is also pertinent to mention here that the whatever monthly contribution is made by the any resident/member pays to the society is not a consideration, rather it is reimbursement of the cost incurred by the society on behalf and for the common cause of the all the residents of the apartments i.e. to sweepers, gardeners, security, common electricity consumption, maintenance of lifts, common areas, amenities etc. As such the complainant is neither a consumer nor the opposite party is a service provider, as per the provision of the consumer protection act and the complaint is liable to be dismissed on this score only. It is further averred that this Forum has no jurisdiction to adjudicate upon the matter in question, since the same is governed by the Punjab Apartments Ownership Act 1995, exclusively and jurisdiction of this Forum is barred under section 35 of the said act. It is further averred that a false complaint has been filed against the OP by concealing true and material facts and same is liable to be dismissed. It is further averred that the complaint is not maintainable, it is gross misuse of process of law. The complainant has filed the complaint with the sole motive of harassing the office bearers of the opposite party, to submit his unreasonable and mischievous demand and to avoid the payment of monthly contribution. It is further averred that the complaint is ex-facie misconceived, vexatious, untenable and devoid of any merit. It is further averred that the complainant has no valid and legal cause of action against the opposite party and the present false and frivolous complaint has been filed on the basis of vague and evasive assertions. It is further averred that the complaint is bad for non-joinder and mis-joinder of necessary party and same is liable to be dismissed on this score only. It is admitted that the OP is registered under the Registrar of Cooperative Societies under the Society Registration Act and the same is maintaining the affairs of the association which is being run for the management of Society which was formed by the residents of Silver Heights Society and it is also admitted that the complainant had purchased three bedrooms flat in a C-Block of the said complex in the year 2014 and it is also admitted that there are total six blocks in the said society and all the residents of above said six blocks are members of society and they have elected the executive body of OP, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the complainant only as none has appeared on behalf of the OP since last so many dates to argue his case and ultimately OP was proceeded against exparte and have also gone through the case file very minutely.
6. Though, the OP has not appeared and has been proceeded against exparte, but the written statement was filed by the OP, therefore the written statement filed by the OP is also considered. The complainant has alleged that he is the owner of the three bed room flat in C-Block of the complex of OP. The complainant has further alleged that he is making the payment of monthly maintenance from time to time to the OP and he has produced on record the receipts also. The complainant has grudges against the OPs that the OP has called tenders for interlocking tiles project around the building of society, but they have never displayed on board as agreed vide association letter dated 15.10.2016 and again for the white wash also, tender were called and the lowest tender was for Rs.31,50,000/-, but the same was rescheduled and retendered and it came to Rs.26,00,000/-. He has alleged the unfair trade practice on the part of the OPs. He has further alleged that on 05.07.2019, the OP disconnected the water supply of the complainant mischievously and the members of OP have trespassed into the property of the complainant for which they have no right. The complainant had to suffer the scarcity of the water due to the disconnection of the water supply on the part of the OPs and he has claimed damages and compensation.
7. The OP in the written statement has denied all the allegations. The OP has denied that he is receiving any maintenance from the residents of the apartment for the work done by the office bearers. It has been alleged that the amount of contribution made by the residents of the society is not consideration rather it is reimbursement of the cost incurred by the society on behalf of the maintenance and for the common cause of all the residents of the apartments i.e. sweepers, gardeners, security, common electricity consumption, maintenance of lifts, common areas, amenities etc. The OP has denied the disconnection of the water supply as alleged.
8. So far as the grudge of the complainant with regard to tenders called by the OP regarding tiles and white wash and for not displaying the same in the notice board is concerned, it is not in the domain of the Consumer Commission as this is the management of the society i.e. OP. The complainant is not the consumer of any particular thing i.e. for tiles or white wash, for which he has paid the consideration. The tenders were not called by the service provider, who has provided services to the complainant. The tenders were not called individually for the flat of the complainant rather it was for the entire society, therefore this contention of the complainant is not tenable.
9. So far as the grudge of the complainant regarding the disconnection of the water supply is concerned. It belongs to his flat in the society. For this he has produced on record the receipts showing that he has been paying the maintenance and he has referred Ex.C-1 to show that he was having apprehension that the OP may disconnect his water connection. Perusal of Ex.C-1 shows that notice has been fixed on the notice board by the complainant that ‘this water tank and pipe line is the property of flat C-15, anybody tampering with it shall be prosecuted’. This clearly shows that the water tank exclusively belongs to the complainant and the OP has no connection with the water tank as per Ex.C-1. From Ex.C-1 it also nowhere transpires that the complainant was having apprehension that the OP may disconnect the same rather it shows about the tampering of the property of the complainant. The complainant has proved on record the receipt Ex.C-9. This is of the development fund painting and this is dated 16.05.2018. Ex.C-10 and Ex.C-11 are also for development fund painting for the period of July, 2019 and paid on 07.07.2019 and 10.07.2019 respectively. The amount of Rs.1500/- was paid for July, 2019 for monthly maintenance and i.e. dated 06.07.2019. All the receipts proved on record by the complainant clearly shows that this amount was deposited after the alleged disconnection of the water supply as the water supply was allegedly disconnected on 05.07.2019 and was restored on 06.07.2019. The letter proved by the complainant Ex.C-4 is written to The Chairman, Punjab State Human Rights Commission alleging the mis-management, unlawful and derogatory actions and high headedness by the OPs. Similarly, the letter Ex.C-5 to Ex.C-7 have been written to the President of the OP by the complainant alleging the issues mentioned in the earlier letters written by them. Ex.C-6 relates to the notice issued by the OP regarding painting to complex and building. Similarly, Ex.C-7 is also about the external painting to complex and building. All these letters have been written to the OP on behalf of the senior citizens. Ex.C-8 shows that a letter was written by the association to the complainant as the balance amount for maintenance was due towards the complainant and that was of Rs.11,500/-. This letter was dated 04.05.2019. The water supply was disconnected on 05.07.2019. This clearly shows that the amount as alleged was not paid by the complainant to the OP and the same was due, and the same was deposited after the alleged disconnection. The complainant has not produced on record any documents to show that any amount was deposited for the water supply or the OP has any connection with the water supply or the water is being supplied by the OP as from Ex.C-1, it is not clear. The complainant has also not proved on record that it was disconnected. This fact has been denied by the OP in their written statement. The complainant has not proved that the OP has trespassed into the property of the complainant.
10. From the letters and from the allegations raised by the complainant in his complaint, it is clear that there is some personal grudge of the complainant and other residents with the OP. If this is so, they can avail the remedy available to them under law. Therefore, the complainant has failed to prove any deficiency in service on the part of the OP regarding the supply of water and the complainant has also failed to prove the unfair trade practice adopted by the OP and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
28.04.2023 Member Member President
