RINDAVANI FLAT OWNERS ASSOCIATION Vs. SIVA SAI BUILDERS AND DEVELOPERS PVT. LTD

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.1462/2000 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal. The said C.D. was originally disposed of by the District Forum on 26.8.2004 directing the complainant association to deposit an amount of Rs.2 lakhs with the opp.party and also directed opposite party to complete the electricity connection and water connection and other minor pending works within one month of the deposit amount and against the said order, the complainant preferred appeal before this Commission stating that the members who signed the order dated 26.8.2004 never heard the case and hence they do not form part of the quorum in the said order and the said order is not sustainable. This Commission vide its order in F.A.No.997/04 set aside the order of Dist. Forum dt. 26.8.2004 and the matter was remanded to the Dist Forum with a direction to conduct denovo enquiry and dispose of the complaint expeditiously. Before the Dist Forum the matter underwent several adjournments but the opposite party did not advance arguments. The District Forum after hearing the arguments of the complainant stated that the earlier judgment dt. 26.8.2004 holds good and there is no need to interfere with the earlier judgment and confirmed the same order.

(2.) The brief facts as set out in the complaint are that the opposite party is a builder and developer engaged in construction activity and offered to sell residential units on various rates and terms and conditions and the members of the complainant association being induced by the representations of the opp.party entered into separate construction agreements to purchase their respective residential units. As per the terms and conditions of the construction agreements the opp.party has to complete the construction of the residential portion within 12 months from the date of agreement and as per Clause no.15 C of the said construction agreements, the purchasers have to bear the cost of the external electrification such as meter boxes, fixing of meter, electricity transformer, laying of cables, security deposit etc. by paying the approximate cost of Rs.15,000/- to the opp.party and the purchasers have to pay to the developer an approximate amount of Rs.10,000/- towards meeting the demands raised by Hyderabad Metropolitan Water Works and Sewerage Board. The flat owners of the complainant association who are 12 in number paid their respective total considerations towards purchase of their respective residential units, including additional amounts towards electricity, drinking water deposits and other items as stipulated under the constructions agreements and they have taken possession of flats during December, 1999 to February, 2000 whereas the final payments were made on 11.9.1999 itself and the hading over letters were given on 16.2.2000 after repeated persuasion. The opp.party collected all the due amounts, but it did not complete the common works such as Southern side compound wall of the residential complex, the commissioning of the lift and also exteriors of the building on the backside have not been completed. The opposite party has also kept pending some of the works in the individual flats. The complainant issued legal notice to the opp.party to complete the pending works and after receipt of the legal notice, the opp.party completed plumbing and electrical works and painting of exteriors of the back side of the building. They sent a reply notice stating that the members of the complainant association are due a sum of Rs.2 lakhs towards extra works. The opposite party has collected more than Rs.31,500/- towards electricity and water supply and is bound to provide lift and get it commissioned in proper way. Alleging deficiency in service on behalf of the opposite party, the complainant approached District Forum seeking direction to the opposite party as prayed for in the complaint.

(3.) The opposite party filed counter stating that the flat owners have paid only the sale consideration and approximate amounts towards electricity and water connection and the opp.party addressed letter dt. 20.12.1999 to the flat owners stating that they have to pay approximately Rs.2 lakhs towards electricity and water charges apart from the amounts they have already paid, but the flat owners failed to make any payment. The opp.party submits that they have incurred expenditure of Rs.40,000/- towards electricity consumption charges consumed by the flat owners on temporary electricity connection from January, 2000 till the regular supply was given. The opp.party submits that there is fault on behalf of the flat owners of complainant association as they did not pay the amounts towards electricity, water connection and sewerage charges because of which the opp.party could not erect the lift in the year 1998 itself. The opp.party further submits that they have commissioned the lift in October, 2002 as per the directions of the Forum dt. 1.4.2002. and there is no deficiency in service on their behalf and seeks dismissal of the complaint with costs.