Date of filing: 21.02.2012.
Date of disposal: 07.11.2012.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Sri A. M. L. Narasimha Rao, B.Sc., B. L., President
Smt N. Tripura Sundari, B. Com., B. L., Member
Wednesday the 07th day of November, 2012
C.C.No.57 of 2012
Between:
K Venkateswarlu, S/o Late K.Venkataramaiah, R/o 123/B, Road No.9, Trimurthy Colony, Mahendra Hills, East Maredipally, Secunderabad-500 026.
……Complainant
And
1. The Executive Engineer (Housing), A.P.Housing Board, V.H.R.Complex, Besant Road, Governorpet, Vijayawada-520 002.
2. Vice Chairman & Managing Director, A.P.Housing Board, Gruhakalpa, M.G.Road, Vijayawada.
.….Opposite Parties
This complaint coming on before the Forum for final hearing on 26.10.2012, in the presence of Sri D. Anjaneya Prasad, advocate for complainant and Sri Naraharasetty Sri Hari, advocate for the opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President Sri A. M. L. Narasimha Rao)
1. This complaint is filed under Section 12 of Consumer Protection Act, 1986 for a direction to the opposite parties 1 and 2 to register MIG Flat No.148/6 allotted to the complainant, to pay compensation of Rs.50,000/- and to pay costs.
2. The averments of the complaint in brief are as follows:
Andhra Pradesh Housing Board had allotted MIG flat No.148/6 to the complainant and agreement in that connection was entered into between the complainant and the 1st opposite party on behalf of the 2nd opposite party on 9.5.1988. The complainant paid entire consideration, interest and expenses in a total sum of Rs.1,38,840/-. The complainant was also directed to pay requisite fee for registration of the flat and accordingly he paid the charges on 31.12.2004. The complainant there after continued to pursue the opposite party for registration of the flat but they did not register the flat and did not give any reply. Therefore the present complaint is filed.
3. The 1st opposite party filed his version, which is adopted by the 2nd opposite party, with the following averment in brief: The complainant applied for allotment of MIG at Bhavanipuram, Vijayawada on 5.11.1982 and paid EMD of Rs.1,000/-. The allotment letter was issued to the complainant on 21.2.1985. The allotment was under hire purchase instalments system and fixed tentative cost of Rs.62,500/-, which was increased to Rs.73,000/- by letter of the board dated 6.7.1987. Flat no.6 in block NO.148 was allotted to the complainant in the draw held on 26.4.1987 and it was informed to the complainant on 31.12.1987. The complainant paid Rs.27,116/- including EMD towards down payment. The agreement for sale of multistoreyed flats was executed on 9.5.1998. The complainant has paid a sum of Rs.1,11,224/- on 31.12.2004 towards instalments amount and also paid conveyance charges of Rs.5,000/-, in total he paid Rs.1,38,840/-. The complainant made unauthorized constructions of compound wall and toilets and it was reported by Dy. Executive Engineer, APHB, Vijayawada. The 1st opposite party is ready to register the flat on removal of unauthorized constructions. The purchasers of ground floor flats have no right to use stair case room and land set apart as approach to the block for the purpose of passage to the purchasers of upper floor flats. The purchasers of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman. There is no deficiency in service on the part of the opposite parties. This complaint is liable to be dismissed.
4. The complainant filed his affidavit and it is received as evidence of PW-1. The 1st opposite party filed his affidavit and it is received as evidence of DW-1.
5. Exs.A1 to A19 are marked on behalf of the complainant and Exs.B1 to B5 are marked on behalf of the opposite parties.
6. Heard the arguments.
7. The points for determination are:
I) Whether there is deficiency in service on the part of the opposite parties?
II) Whether the complainant is entitled to reliefs prayed for?
Point No.1:
8. The complainant was allotted flat No.6 of MIG in block No.148 of Housing Board buildings in Bhavanipuram and admittedly the complainant paid entire consideration amount payable for purchasing the flat. It appears the possession of the flat was also delivered to the complainant and he is using it. The opposite parties and the complainant filed a copy of agreement admittedly entered into between them on 9.5.1998. The 1st opposite party has no objection to register the flat. But he states that there were unauthorized constructions made by the complainant in the land appurtenant to the block around the flat allotted to the complainant. The opposite parties have filed copy of letter from Assistant Engineer, APHB, Vijayawada marked as Ex.B5. In that letter the Assistant Engineer stated that he inspected the house MIG-B.148/F6 on 9.5.2012 that a compound wall including toilets were constructed by the allottee of the said house on both front and back sides. This document is relied on by the opposite parties and they requested the complainant to remove the constructions so that they could register the flat.
9. The property purchased is described in Ex.A1 copy of the agreement as flat No.6 in block 148 at Bhavanipuram, Vijayawada. Nothing is mentioned as to the right to enjoy the site appurtenant to the block. The opposite parties relied upon conditions 26 and 27 of Ex.A1. They read as follows:
26. It is expressly agreed to that the purchaser of ground floor flats have no right to use stair case room and land set apart by the owner as approached to the block for the purpose of passage to the purchaser of Upper floor Flats.
27. DOUBLE STOREYD FLATS: It is expressly agreed to between the parties that the purchasers of first floor flats may use jointly the stair case room and open terrace of their respective flats. The purchasers of ground floor flats are precluded from using the appurtenant land around the flats except with previous permission of the Chairman, which may be granted subject.
MORE THAN TWO STOREYED FLATS: It is expressly agreed to between the parties that the purchasers of flats other than the ground floor, may jointly use the stair case room. The purchasers of ground floor, are precluded from using the appurtenant land around the flats except with the previous permission of the Chairman, which may be granted subject to such conditions he may impose for such usage. As per the conditions no.26 the purchaser of ground floor flat will not be allowed to use the stair case room and the approach area to the upper floor purchasers. According to the condition No.27 the 1st floor flat owners may use open terrace of their respective flats in double storeyed flats. The purchasers of the ground floor are precluded from using appurtenant land around the flats except with previous permission of the Chairman of the Housing Board. When the 1st floor flat owners may use the terrace, the ground floor flat owners normally may have opportunity to use the site around ground floor flat. But when there is specific prohibition in the agreement itself, the purchasers are bound by such condition. So the purchasers of ground floor flats are not allowed to use the appurtenant land without specific permission from the Chairman of Housing Board. The complainant has not placed any material to show that he has taken such permission. There is also no mention made by him in the affidavit that he sought for such permission from the chairman of the Housing Board.
10. Mere usage of site around the flat may not a disturbance to any one but making constructions in the appurtenant land is likely to cause disturbance.
Construction of toilets in the appurtenant land can never be allowed since they would give rise to sewage problem. So construction of compound wall and toilets is unauthorized and the complainant has violated the terms and conditions of the agreement. Therefore we see no deficiency in service on the part of the opposite parties. The 1st opposite party has specifically stated that he is ready to register the flat if the unauthorized constructions are removed by the complainant. Therefore we hold that there is no deficiency in service on the part of the opposite parties.
Point No.2:
11. In view of the answer on point no.1 the complainant is not entitled to reliefs asked for. However, we feel it better to observe that after removing the unauthorized constructions the complainant will be at liberty to seek registration of the flat. The complainant may also seek permission from the Chairman of Housing Board and may get the construction ratified if the Chairman of the board grants such permission.
12. In the result this complaint is dismissed without costs.
Dictated to Steno N. Hazarathaiah, transcribed by him corrected by me and pronounced by us in the open Forum, this the 7th day of November, 2012.
PRESIDENT MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite party:
PW – 1, K Venkateswarlu, DW-1, The 1st Opposite party
(by affidavit). (by affidavit).
Documents marked
On behalf of the complainant:
Ex.A1 Photocopy of sale agreement.
Ex.A2 05.11.1982 Photocopy of application for allotment of house.
Ex.A3 11.06.1982 Photocopy of bank challan.
Ex.A4 26.08.1985 Photocopy of bank challan.
Ex.A5 09.12.1985 Photocopy of bank challan.
Ex.A6 08.04.1988 Photocopy of bank challan.
Ex.A7 13.06.1988 Photocopy of bank challan.
Ex.A8 21.11.1990 Photocopy of bank challan.
Ex.A9 29.11.1992 Photocopy of bank challan.
Ex.A10 11.01.1993 Photocopy of bank challan.
Ex.A11 07.12.1993 Photocopy of bank challan.
Ex.A12 10.06.1994 Photocopy of bank challan.
Ex.A13 16.03.1995 Photocopy of bank challan.
Ex.A14 08.01.1996 Photocopy of bank challan.
Ex.A15 10.01.1997 Photocopy of bank challan.
Ex.A16 03.09.1997 Photocopy of bank challan.
Ex.A17 12.02.1999 Photocopy of bank challan.
Ex.A18 28.07.2000 Photocopy of bank challan.
Ex.A19 31.12.2004 Original copy of bank challan.
On behalf of the opposite parties:
Ex.B1 21.02.1985 Photocopy of intimation letter.
Ex.B2 06.07.1987 Photocopy of letter issued by OP.1 to the complainant.
Ex.B3 31.08.1988 Photocopy of letter issued by OP.1 to the complainant.
Ex.B4 Photocopy of sale agreement.
Ex.B5 Photocopy of letter issued by Asst. Engineer to OP.1.
PRESIDENT
