AMBIENCE INFRASTRUCTURE PRIVATE LIMITED Vs. AMBIENCE ISLAND APARTMENT OWNERS
LAWS(SC)-2020-8-50
SUPREME COURT OF INDIA
Decided on August 28,2020

Ambience Infrastructure Private Limited Appellant
VERSUS
Ambience Island Apartment Owners Respondents


Referred Judgements :-

KARNATAKA HOUSING BOARD VS. K. A. NAGAMANI [REFERRED TO]


JUDGEMENT

- (1.)These appeals are from an order of the National Consumer Disputes Redressal Commission dated 3 November 2015. The order of the NCDRC is in execution proceedings arising out of an original judgment and order dated 19 March 2014 in Consumer Case No 93 of 2004. By its order dated 19 March 2014, the NCDRC directed the appellants to pay 70% of the maintenance charges from November 2002 with interest at 9 % per annum within 90 days or else pay at an enhanced rate of 12 % per annum.
(2.)The order of the NCDRC was challenged before this Court in a civil appeal which was dismissed on 29 August 2014. An execution proceeding was initiated before the NCDRC which has resulted in an order dated 3 November 2015. The NCDRC has, by its order, come to the conclusion that under the original order the decretal amount would cover sixty-six persons and that the appellants are liable to pay seventy per cent of the total maintenance charges.
(3.)The grievance of the appellants is that since the complaint before the NCDRC pertained only to the deficiency in service as regards the provision of lifts, the order of the NCDRC directing the payment of seventy per cent of the total maintenance amount (as opposed to seventy percent of the maintenance charges collected for lifts) is contrary to the tenor of the complaint and the original order.
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