Chandigarh

DF-II

CC/16/2016

Orchard County-1 Residents Welfare Association - Complainant(s)

Versus

Ansal Lotus Melange Projects Pvt. Ltd., - Opp.Party(s)

Ravinder Pal Singh Adv.

01 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	16 of 2016
Date  of  Institution	:	05.11.2016
Date   of   Decision	:	01.06.2017

 

 

 

 

 

Orchard County – 1 Residents Welfare Association, Sector 115, Kharar Landran Road, Sante Majra, Greater Mohali through its President Col. K.L.Bains.

 

             …..Complainant

VERSUS

 

1]  Ansal Lotus Melange Projects Pvt. Ltd., Registered Office at 1/18B, Asaf Ali Road, New Delhi through its Managing Director.

 

2]  Ansal Lotus Melange Projects Pvt. Ltd., SCO No.183-184, Sector 9-C, Chandigarh, through its Senior General Manager.

 

….. Opposite Parties

 

BEFORE: SH.RAJAN DEWAN          PRESIDENT

        SH.RAVINDER SINGH           MEMBER

 

 

Argued by :-

 

Sh.R.P.Singh, Counsel for the complainant

None for Opposite Parties.

 

 

RAVINDER SINGH,  MEMBER

 

 

1]       The facts in issue are that the members of complainant association purchased their respective flats (2BHK, 3BHK and Pent House) in the Orchard County, Sector 115, Mohali on the basis of the brochure provided by OPs and at that time, the following facilities were promised to be provided by the OPs (Ann.C-3):-

1. Club House (which is no named as Orchard County Club).
2. Swimming Pool.
3. Power Backup (5KW for 3B/R & 3KW for 2B/R)
4. Gymnasium
5. Children’s Play area
6. Badminton Court
7. Tennis Court
8. Pool Table
9. Party Lawns
10. Basketball Court

 

         It is averred that the Opposite Parties thereafter constructed their another project besides the project of Orchard County, which is known as Palm Grove, comprising 128 flats, but the facilities and features to be provided to the purchasers/owners of Palm Grove flats were different from that of the Orchard County  (Ann.C-4). It is also averred that the complainant association were charged an amount ranging Rs.40000/- to Rs.90000/- approx.. from each of flat owners as Club Membership Charges by the Opposite Parties, but the OPs, indulging into unfair trade practice have sold the membership of the club and other rights to access the recreational facilities to residents of Palm Grove flat owners also by charging them the same charges ranging between Rs,.40,000/- to Rs.90,000/- apprxo.  It is submitted that the complainant association being the absolute owners are entitled to use the said facilities with other residents of Orchard County exclusively and are not supposed to share it with any other flat owners, which are not the part of Orchard County.  It is also submitted that the said facilities, mentioned above, were not included in the flats of Palm Grove and thus the owners of Palm Grove are not entitled to use the facility of club house etc. It is further submitted that due to illegal access of the residents of the Palm Grove and using the facilities of the Club House, Gymnasium, Swimming Pool etc. which are in the area of Orchard County Project, it creates unnecessary trouble, tension, agony, harassment and pain to residents of Orchard County in peaceful using their exclusive rights and facilities.  Apart from this, the complainant also alleged discrepancies and deficiency in service on the part of OPs in respect of Badminton Court being out-door, not providing Tennis Court, Small Basketball Court, insufficient security guard and not providing of Departmental store etc.  Hence, this complaint has been filed primarily for exclusive right over use of club house facilities by residents of Orchard County and exclusion of resident of Palm Grove from those facilities.

 

2]       The OPs have filed reply and stated that that the complaint is not maintainable.  It is stated that the complainant association has illegally and arbitrarily sought to travel beyond the terms & conditions of the Allotment Letter executed between the OPs and respective Apartment Allottees, which constituted a valid and binding contract between the parties. It is stated that the Opposite Parties have raised the construction of all the residential Towers strictly in accordance with the approved building plans, without any violation on any account.  It is also stated that the Palm Grove Residential Apartments had been constructed only subsequent to the receipt of the requisite approvals from the competent authority.  It is submitted that the brochures issued by Opposite Parties in respect of the Orchard County Apartment and the Palm Grove Apartments made a categoric stipulation reserving the right of the Opposite Parties to alter and made changes in the elevation and other details and project as deemed fit.  It is also submitted that the Orchard County Apartment Allottees did not have exclusive right, title or interest in the common facilities including club facilities or other recreational facilities.  It is further submitted that the Palm Grove Residential Apartments, right from the date of inception and conceptualization of the Orchard County Project, were a part and parcel of the project and the area reserved for construction of the Palm Grove Residential Apartments had been duly highlighted even in the brochure that had been issued by the Opposite Parties. Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties have prayed for dismissal of the complaint.

 

3]       The complainant also filed rejoinder reiterating contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant and have carefully examined the facts and pleadings along with entire evidence on record.

 

6]       The Residential Welfare Association of Orchard County Project constructed by Ansal Lotus Mélange Projects Private Limited alleged that the following facilities were promised by the OPs for exclusive use of Residents of Orchard County Project:-

1. Club House (which is no named as Orchard County Club).
2. Swimming Pool.
3. Power Backup (5KW for 3B/R & 3KW for 2B/R)
4. Gymnasium
5. Children’s Play area
6. Badminton Court
7. Tennis Court
8. Pool Table
9. Party Lawns
10. Basketball Court

 

7]       The complainant has stated that though the Club House and other facilities, as mentioned above, were for exclusive use of residents of Orchard County, but the Opposite Parties, with ulterior motive and for unlawful gains, have sold the membership of Club House and other facilities to the residents of Palm Grove Project, which is not permissible as per the terms & conditions and objects, as projected in the Brochure introduced by the Opposite Parties for selling of flats in Orchard County Project and Palm Grove.

 

8]       It is stated in the complaint that the Opposite Parties have already sold the membership right in the Club House, to 24 Flat owners of Palm Grove and they also further likely to sold the membership to remaining 104 residents of Palm Grove shortly, which may create problems due to congestion for proper use of the Club House at the cost of residents of Orchard County.

 

9]       The complainant has not impleaded the Residents of Palm Grove, who have already purchased the Club House Membership right and other facilities in the project of Orchard County from the OPs.  The residents of Palm Grove, shall be materially affected, if any order against their interest, at this stage, is passed by this Forum.  The complainant was in the knowledge of existing of 3^rd Party interest in the facilities of Club House and other amenities in the project of Orchard County, but seems to have intentionally ignored to implead the residents of Palm Grove Project, as one of the party to this complaint. 

 

10]      The Opposite Parties in their reply have stated that in their composite project, Orchard County and Palm Grove, are merely a different named sites for the purpose of identification, but the facilities like Club House, Swimming Pool etc., are common for use of all the residents of Ansal Lotus Mélange Project at Sector 115, Kharar Landran Road, Sante Majra, Greater Mohali.

 

11]      Keeping in view the above facts, as discussed in the preceding paragraphs, the complaint is liable to be dismissed for non-joinder of necessary parties.  The complaint as such is dismissed. No order as to costs.

         The copy of this order be forwarded to the parties and filed be consigned to record room.

Announced

1^st June, 2017             

                                     Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

 

Sd/-

 (RAVINDER SINGH)

MEMBER