DATE OF FILING- 24-2-2011
DATE OF DISPOSAL-11.3.2014
O R D E R
Smt.Minati Pradhan,Member
The case of the complainant in a nutshell is that she is the owner and in possession of the Flat No.515 in 4th floor in the Shree Tower Apartment situated at R.K.Hostel Road,near Khallikote College Square in Berhampur bearing Plot No.1137 of Khata No.559,Mouza Paramahansapur in Ward 19 of Berhampur Municipality. She was allotted with parking space No.24 in the basement/ground floor. The above flat and parking space was registered under sale deed No.218/2004 at Sub-Registrar, Berhampur. It is alleged by the complainant that the Opposite Party No.3, the construction company, after receiving the consideration amount had allotted the parking space No.24 having area of 6ft x 12 ft. She was under peaceful possession of the said parking space from the year 2005 . But on 23.6.2009 the Opposite Party No.2 resisted her to park vehicle on space No.24 on the plea that there is no parking space in that Apartment. It was told by Opp.Party No.2 that she has occupied unauthorisedly the parking place of flat No.513 in parking space No.25. On that ground the Opposite Party No.2 also did not receive maintenance and electric charges which she used to pay in every month. So the complainant deposited the
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maintenance charges in the account of the Opposite Party lying in Central Bank of lndia and intimated the same to the Opposite PartyNo.1 and 2 in letter dated 10.10.2009. However, under pressure and in order to avoid disturbance, she paid Rs.3720/- parking fee in favour of the Opp Party No.1 and 2. Subsequently, the Opposite Party No.3 confirmed the allotment of the space No.24 in favour of the complainant. Thereafter, the complainant requested to Opposite Party No.1 and 2 for refund of Rs.3720/- as paid towards parking fee but the Opposite Party No.1 and 2 remained in adamant and did not refund the amount. Hence, this case with a prayer for getting refund of Rs.3720/- and a compensation of Rs.20,000/- for the damage and loss of reputation, mental torture and cost of litigation of Rs.10,000/- from Opposite Parties. In support of her case, the complainant has filed certain documents which are placed on record.
2- The Opposite Party Nos.1 and 2 have represented through their learned counsel and filed the written version jointly wherein it is raised objection that the complainant being a member can not be regarded as a consumer and this case is not tenable in the eye of law. However, it is admitted that the complainant was allotted the flat No.515 without parking space. It is also denied that the complainant was allotted the disputed parking space No.24 . It is not disputed that Rs.3720/- was received by theOpp.PartyNo.1 and 2 towards parking fee. But it is denied to have received parking fee of Rs.3720/- unlawfully and illegally for which they are not liable to refund it. It is further stated that the husband of the complainant was the Secretary of their Association the four wheeler of the complainant was being parked in common parking space meant for two wheeler and after the resolution as agreed the complainant, she was paying the parking fee. It is further stated that when the complainant was asked for allotment of parking space No.24 allotted to her, she was failed to produce the same before them. The Opposite Parties No.1 and 2 by denying all other allegations have prayed for dismissal of the case.
3- On the date of hearing learned counsel for the complainant is present and the Opposite Parties were absent on call. The case is heard from the side of the complainant. We have perused the written notes of arguments filed by both the parties as well as the documents relied on by both the parties in their support. After perusal of the case in detail, we find that the main grievance of the complainant is for getting refund of her amount received by the Opposite Parties No.1 and 2 arbitrarily and illegally even though she was in possession of the relevant papers in her support. On the other hand, the Opposite Party Nos.1 and 2 have denied to have received such parking space illegally or arbitrarily. At this
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stage, we have to decide as to whether the parking fee of Rs.3720/- received by the Opposite Party No.1 and 2 is justified or not.
4- On perusal of the documents as filed by the complainant, we have gone through the Deed of Handing over the possession of the open parking space and the apartment in particular, wherein we find that the deed of handing over possession was executed between the complainant and the Opposite Party No.3 on 11.6.2005. It is also clear from the schedule of such deed of handing over possession that the flat and the parking space is build over the land having Khata No.559,Plot No.1137,Mouza Paramahanspur situated in R.K.Hostel Road in ward No.19 under Berhampur Municipality Corporation. The Flat No.515 as situated in forth floor and the number of parking space 24 marked on the ground having 6 feet x 12 feet area are allotted in favour of the complainant. From such relevant document filed on record, we are of the considered opinion that the parking fee of Rs.3720/- collected from the complainant by the Opposite Party No.1 and 2 are not justified and found to be illegal.
5- Under the above facts and circumstances of the case, it is clear that the Opposite Party Nos.1 and 2 have illegally and arbitrarily received the parking fee of Rs.3720/- from the complainant and even after request of the complainant, did not refund the same. This action of the Opposite Parties No.1 and 2 is amounted to deficiency in service. Hence, the Opposite Party Nos.1 and 2 are jointly and severally liable to refund the amount of Rs.3720/- together with interest. The rate of interest is determined at 6 per cent per annum from the date of filing of this case i.e. 24.2.2011 till its actual payment.
6- In the result, we allow the case of the complainant against the Opposite PartyNos.1 and 2 . We direct the Opposite Party No.1 and 2 to refund Rs.3720/- to the complainant together with interest thereof at the rate of 6 per cent per annum from 24.2.2011 till the date of actual payment. We also direct the Opposite Party No.1 and 2 to pay Rs.1000/-(Rupees one thousand) towards cost of litigation to the complainant. Since there is no claim against Opposite Party No.3, no order is passed against Opposite Party No.3. The above order has to be complied by the Opposite Party No.1 and 2 within 30 days from the date of receipt of this order.
Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 11th day of March,2014.
I AGREE(MEMBER) MEMBER
