This complaint is coming on before us for final hearing, in the presence of Sri. G. Nagender Rao, Advocate for the Complainant, and of Sri. R. Venkat, Advocate for Opposite parties No.1 to 3; upon perusing the material papers on record; upon hearing and having stood over for consideration this Forum passed the following:-

O R D E R

(Per Smt.V.Vijaya Rekha, Member)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The brief facts as mentioned in the complaint are that the complainants No.1 to 23 are the flat owners of K.K. Towers Welfare Society, Khammam.  The total number of 25 flats were developed and constructed by opposite parties No.1 to 3, out 25 flats, 2 flats were kept with the opposite parties.  After paying entire sale consideration, the complainants obtained valid sale deeds.  The opposite parties promised to handover the flats by the month of March & April 2012, due to non completion of works, the opposite parties handed over the said flats in the month of October 2012, accordingly, the complainants entered into the flats during the months of November and December 2012.  It is the allegation of the complainants that some works were not completed till they entered into the flats and still, they have been facing various problems due to lack of amenities and facilities.  Upon which, the complainants approached the opposite parties and requested them for rectification of problems and defects, arose within few months.  The opposite parties promised to rectify the problems within 10 days.  Inspite of waiting for one month, there was no response from the opposite parties, vexed with the same, issued legal notice on 03-01-2013, inspite of receiving notices, they did not respond to rectify the problems.  Having no other go, constrained to file the present complaint by praying to direct the opposite parties to rectify the problems by using standard material and equipment according to specifications and handover the link documents, kept with them or to refund Rs.10,00,000/-, collected by the opposite parties towards installation of Generator and Transformer or to refund Rs.5,00,000/-, collected towards Generator and to pay Rs.10,00,000/- towards completion of pending works according to specifications and to pay Rs.20,000/- to each member, in total Rs.4,60,000/- to the members of society for causing mental agony and inconvenience and costs.

3.       On behalf of complainants No.1 to 23, the president of K.K. towers welfare society filed Affidavit and also filed Exhibits A1 to A8.

4.       Upon having receipt of notice, the opposite parties No. 1 to 3 appeared through their counsel.  Despite giving number of chances, they failed to file counter to counter blast the averments of the complainants.  

5.       In support of their averments, the complainants filed written arguments by reiterating the same averments.  During the pendency of proceedings, the complainants filed a petition vide IA.No.99/2013 to appoint advocate / commissioner for assessment of defects and loss with the help of Executive Engineer (Civil) R&B.  After having perused, the advocate / commissioner was appointed for the said purpose.  The advocate / commissioner filed his report and some correspondence, made by him to the local Municipal authorities, the R&B Engineer and officers concerned according to the directions of this Forum, those correspondence was marked under exhibit C1.

6.       In view of the above circumstances, now the point that arose for consideration is,

Whether the complainant is entitled to the relief as prayed for?

Point:-        

This complaint was filed by K.K. Towers flat owners association, registered in the year 2012 vide registration No.338/2012.  It is the case of the complainants, they entered into the individual sale agreements with the opposite parties 1 to 3 to construct / development of flats by make it habitable for residential purpose with all amenities and facilities according to the specifications as agreed, in support of it, filed copies of sale agreements of Sri. K. Anantha Ramulu with the opposite parties, evidenced under exhibits A3 & A4.  At the time of entering into the contract, the opposite parties have agreed to handover the flats by the month of March & April 2012, due to incompletion of some works, they failed to fulfill their assurances till October 2012, accordingly, the complainants occupied their flats during November to December 2012, even at the time of occupation of flats, some works were not completed.   Within few days, they have faced lot of problems due to non completion / substandard works, done by the opposite parties, against the specifications.  After making many representations, finally issued legal notice on 03-01-2013 i.e. within few months from the date of occupation of newly constructed flats.  And as there was no response filed the present complaint on their grievance by alleging that the opposite parties finished the terrace and parking area with substandard material, there was leakage in water pipelines, no provision to connect the drainage water to the Municipal drainage line, so, the drainage water was stagnated, causes hazardous to the health of inhabitants.  Car parking was not allotted as per specifications, corridors damaged due to usage of substandard material and also alleged that the opposite parties erected substandard lift.  Further they also submitted that the opposite parties were collected Rs.20,000/- from each occupant, in total Rs.5,00,000/- extra amount was collected for providing 5000 Watts power of transformer, but they installed 3000 Watts power transformer.  The opposite parties also collected extra amount of Rs.20,000/- from each complainant for installation of Generator but they provided Kirloskar Bliss assembled Generator instead of any standard Generator.  On the other hand the opposite parties failed to file counter averments.   Despite giving number of chances, they did not turn up for filing their written version.  In order to prove their case, the complainants have taken considerable steps, during the pendency of proceedings, they have filed a petition for appointment of advocate / commissioner to find out the problems, existed in the flats and assess the damages with the help of Executive Engineer (Civil) R&B.  After issuance of respective directions, the advocate / commissioner was issued notice to the Executive Engineer (Civil) R&B on 07-11-2013 by requesting to attend the warrant scheduled premises / K.K. Towers on 26-11-2012 at 10:00 AM for assessment of defects and damages.  In response to the said notice, the Executive Engineer (Civil) R&B addressed a letter dt.21-11-2013 to the commissioner / advocate by stating that to furnish the plan and approved documents for concrete and steel designs, adopted to the construction.  Thereupon, the commissioner / advocate requested the local Municipal Commissioner by addressing a letter dt. 21-07-2014 for supply of certified copies of approved plan and permission.  Again on 16-08-2014 the complainant / advocate requested the Executive Engineer (Civil) R&B to inspect the defects as mentioned in the petition by furnishing approved plan.  Thereafter, the Executive Engineer (Civil) R&B informed the commissioner / advocate to furnish approved documents for concrete and steel designs, adopted to the building by mentioning that the damages cannot be assessed without specified norms, accordingly, the commissioner / advocate addressed a letter to the Regional Deputy Director, Warangal for supply of approved documents for concrete and steel designs but in response to the said letter, the Regional Deputy Director, Warangal informed the commissioner / advocate through a letter dt.28-10-2014 that there was no connected documents available them therefore, they cannot be supplied, all these correspondence was marked under exhibit C1,  it clearly shows, an adverse inference can be drawn on the part of the opposite parties.  On the basis of photographs along with CD filed by the complainants, it can be seen that there has been leakage / dampness in the roof slab, particularly at junction of column and beams.  The drainage outlet was not connected to the Municipal line.  The allegation regarding the installation of substandard lift and transformer is concerned, there is no cogent evidence placed by the complainants, but according to exhibit A6 the opposite parties collected Rs.40,000/- towards installation of transformer and generator from one of the complainants, it is deemed that the opposite parties collected the extra amount  from all the flat owners for the said purpose.  So, it is the bounden duty of the opposite parties to install standard machinery as agreed or according to the specifications.  Under these circumstances the complainants have proved their case, the opposite parties are deficient in service, so, the onus will shifts on the opposite parties but they failed to contest the matter by filing cogent evidence to disprove the averments of the complainants.  In view of above circumstances, we feel that there is no doubt, it is a clear case of deficiency of service on the part of opposite parties in fulfillment of proper amenities and facilities according to specifications as agreed, in this regard we have relied upon the Judgment of Hon’ble NCDRC, New Delhi in Sector-4-A resident’s welfare association, Vasundhara, Ghaziabad, UP Vs. UP Awas Evam Vikas Parishad and Ors. I (2016) CPJ 392 (NC). In view of above circumstances and in the light of above judgment, we are of the opinion that the opposite parties are deficient in providing services to the flat owners / complainants.  Therefore, the point is safely concluded, accordingly, in favour of the complainant.

In the result, the complaint is allowed in part directing the opposite parties to rectify the defects and repair the damages in the construction according to the specifications and to pay Rs.20,000/- to the each flat owner of K.K. Towers Welfare Assocation towards compensation within one month from the date of receipt of this order, failing which the amount of Rs.4,60,000/- (Awarded towards compensation to the flat owners) shall carry interest @ 9% per annum till its realization.   Further directed to pay Rs.2,000/- towards costs. 

Typed to dictation, corrected and pronounced by us, in the Open Forum on this the 13^th day of April, 2016.

          Member                  FAC President             

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

Ex.C1:-Correspondence of letters, made by the Commissioner / Advocate.

          Member                  FAC President             

District Consumer Forum, Khammam