Complainant by Adv. Shri.R.K.Naik present.
Opponent by representative Adv. Smt.A.Parera present.
The complainant has filed complaint against opposite party on 09.02.2012 for deficiency in service. The complaint was admitted on 01.03.2012. The opponent filed written statement on 11.09.2012.
The complainant is a registered cooperative housing society and the opponent is a company registered as per Companies Act 1956, headed by board of directors.
The opponent is a developer and as constructed flats on property situated at CTS No. 11B/403 of Chandivali village for sale to prospective buyers, who are now members of complainant society.
The above flats were sold by opponent during 08.10.2005 to 01.04.2010. The complainant stated that opponent recovered from the flat purchasers towards maintenance, parking, however failed and neglected to furnish true account in respect of the said amount. The opponent paid a sum of Rs 93,27,780(ninety three lacs twenty seven thousand seven hundred eighty) on 24.03.2010 only after the representative of complainant society have signed the resolution as required by opponent.
The complainant alleged that opponent failed and neglected to pay maintenance and taxes of the flats remained unsold which they were responsible to make payments to the amount of Rs 1,20,686 (one lac twenty thousand six hundred eighty six). It alleged that opponent provided of its own to its 35 members of the society with automated mechanized parking. The complainant was compelled to spend Rs 3,58,000 (three lacs fifty eight thousand) on cost of chains, installation charges and cost of reviving automation.
The complainant submitted that opponent is under an obligation to maintain separate account of sums taken as advance and be a trusty of the same and utilized the said amount for the purpose for which it was given. It is submitted that opponent failed to make full and true disclosure of information and provide true copies of documents to the society.
Complainant alleged that opponent is liable to settle issue about water supply and outstanding dues relating to M/S NG Industries. It is prayed for direction to opponent to pay complainant a sum of Rs 1,88,000 (one lac eighty eight thousand) towards interest on deposits and cost of chains to the amount of Rs 3,58,000 (three lacs fifty eight thousand) .
We have perused all the documents filed on record by both sides. The opponent admittedly paid Rs 93,27,780(ninety three lacs twenty seven thousand seven hundred eighty). The BMC issued tax clearance certificate. The complainant received the said amount as full an final settlement of society maintenance account and specifically stated that the society has no claim of whatsoever nature against the opponent. The said receipt is dated 25.03.2010.
The issue relating to water charges bill relates to the bill in the name of M/S NG Industries to the amount of Rs 5,17,664 (five lacs seventeen thousand six hundred sixty four). We have carefully perused the receipt of Rs 93,27,780(ninety three lacs twenty seven thousand seven hundred eighty) paid by opponent to complainant and the bill in the name of M/S NG Industries pertains to the said period in view of this complainant failed to prove the liability of opponent in respect of the bill in the name of M/S NG Industries.
The opponent however is under an obligation to furnish audited statement of account is respect of the amount received and purpose for which the said amount was utilized.
As per the documents it is evident that possessions of flats were given after obtaining “Occupation certificate” and after receipt of “No dues certificate” dated 12.02.2009. The complainant is not entitled to claim any amount towards maintenance after receipt of the amount of Rs 93,27,780(ninety three lacs twenty seven thousand seven hundred eighty).
We are of the view that opponent as a trusty of the amount is under an obligation to issue detailed audited statement of account in respect of sums received in respect of flats, formation of society till handing over the charge to the society.
The opponent admittedly expressed willingness to execute conveyance which is statutory obligation of developer as per law. The opponent failed to execute the deed of conveyance within statutory period which amounts to deficiency in service. We direct opponent to execute deed of conveyance in favor of society.
In the result we direct opponent to submit audited statement of account and to execute the deed of conveyance in favor of society. We direct opponent to pay reasonable compensation for inconvenience and harassment to the amount of Rs 100000(one lac).
15. In the result, We pass the following order.
ORDER
1. RBT Complaint No. 63/2012 is partly allowed.
2. Toshiba properties pvt. Ltd is directed to handover audited statement of account in respect of all sums received from
members of the society in respect of flats, maintenance, taxes till handing over charge to complainant society.
3. The opponent is directed to execute deed of conveyance in favor of society in respect of flats on property situated at CTS No. 11B/403 of Chandivali village as described in the agreements within 3 months failing which, opponent shall pay Rs 500 (five hundred) per day till the date of execution.
4. The opponent is directed to pay compensation for inconvenience and harassment to the amount of Rs 100000(one lac) to complainant.
5. Copy of this order be sent to the both parties.
