Complaint No.162/2018

Filed on.12/04/2018

Disposed on.28/06/2022

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 28^th DAY OF JUNE 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – LADY MEMBER

COMPLAINT NO.162/2018

VENSA RESIDENTIAL FLAT OWNERS

WELFARE ASSOCIATION (R),

Having  its office, At Sy.No.59, Ground floor,

Vensa Residency, Manipal County Club Road,

Singasandra, Bengaluru-560058

……….Complainant

(By Shri/Smt.M.R.Shalamala, Adv.,)

V/s

1. M/s. VENKATA SAI PROPERTIES AND

DEVELOPERS PVT LTD,

Having its registered office at No.19,

MCHS, 5^th “C” Cross, 16^th Main,

BTM II stage, Bengaluru-560076

Having its corporate office

At no.296, 1^st Floor, 24^th Main, (Opp. IDBI bank)

Represented by its Directors

2. M.RAJA SHIVAJI

Aged about 70 years,

S/o. late Sri.Venkatarathnam

3. M.V.K.Mouli

Aged about 47 years,

S/o. M.Raja Shivaji

4. M.V.K.Chaitanya,

Aged about 47 years,

S/o Raja Shivaji

All are R/at No.235,

Panduranga Nagar,

Bannerghatta road,

Bengaluru – 560 069

(Exparte)

……….Opposite Parties

:ORDER:

BY SMT. SUNITA C.BAGEWADI – LADY MEMBER

The complainant has filed this complaint against the Opposite Parties alleging deficiency in service and prays to direct the Opposite Parties pay a sum of Rs.71,97,600-00 along with 10% interest p.a. from date of complainant till the disposal of the complaint and Rs.10,00,000-00 towards damages for mental agony and physical suffering and Rs.15,00,000-00 towards damages caused to the complainant/flat owners and such other reliefs

2.       The facts of the case are as under:-

The complainant submits that the complainant is an association called by the name VENSA RESIDENTIAL FLAT OWWENRS WELFARE ASSOCIATION (R) and it is represented by its secretary Sri.Ajay Vinayaka Saraf. The  association comprises of 64 flat owners. The said association is registered before the Registrar of Societies bearing registration no.SDR/BLU/DR/037/2010-2011.

2(a)   The complainant further submitted that opponent no.1 is M/s.Venkata Sai Properties and Developers Pvt. Ltd (R) carrying on business of developing the properties and construction of flats and complexes, represented by its directors opponents 2 to 4 who are solely responsible for the day to day affairs of carrying on the said business on behalf of opponent No.1. The 2^nd opponent and his wife Rajashree (dead) along with their children opponents 3 and 4 are the absolute owners of the property bearing portion of Sy.No.59 measuring 0.30 guntas, situated at Singasandra village, Begur-hobli, Bangalore Bommanahalli CMC, Khatha No.484, converted from non-agricultural to residential purpose and put up residential apartment in the above said land.

2(b)   The complainant further submitted that opponent no.2 has constructed flats in the above mentioned property in the name and style of “Vensa Residency” in accordance with the sanctioned plan and the said apartment comprising of basement, ground floor and three upper floors.

2(c)    The complainant further submitted that the opponent no.2 and his wife Rajashree executed sale deed dated 25-7-2006 in favour of Rajesh Kumar Verma and he in turn executed sale deed dated 19-3-2008 in favour of Mrs.Jayanthi Jayaraman and R.Prabhakar and the same is registered as document no.BMH-1-07414-2007-2008, CD No.BMHD344, Book-1, dated 19-3-2008. The same is registered in the office of the Sub-registrar, Bommanahalli Bengaluru Urban Dist. The sale deeds dated 255-7-2006 and 19-3-2008.

2(d)   The complainant further submitted that without knowledge and consent of the complainant the Opposite Parties have constructed 8 pent houses in fourth floor illegally. The complainant association has brought this to the notice of the opponents 2 and 3 and when questioned they gave evasive reply.

2(e) The complainant further submitted that the BBMP and BWSSB authorities have asked the complainant to get the connections and gave notice to the complainant. When the complainant has showed the notice to the opponent no.2 he did not obtain connection of the BWSSB and electricity KV. Hence complainant association has paid Rs.36,97,600-00 to BWSSB & widening of road, transformer shifting, relying of cables, rain water harvesting and sewerage treatment plant, Rs.25,000-00 excluding miscellaneous expenses of Rs.10.00 lakhs was also paid by the complainant association.  Because of the construction of the 4^th floor, KEB and BWSSB authorities have rejected to give KEB heavy line and also BWSSB sewerage line.

2(f)    The complainant further submitted that with regard to payment to the BWSSB and KEB and providing basic necessities the opponent no.1 to 3 have received several mails, meetings, phone calls from the complainant association but they have not bothered to give such amount nor paid to the authorities.

2(g)   The complainant further submits that the opponent no.2 and 3 did not provide the parking with regard to the PH-1 to PH-8, i.e. 8 pent houses illegally constructed and they don’t have the car parking also. Hence the complainant has issued legal notice dated 21-12-2017 calling up on the opponents to comply with the notice. Thereafter, the opponent issued a reply notice calling upon on the complainants for amicable settlement. Thereafter, complainants issued a rejoinder. Thereafter the opponents did not approach the complainants so far. Because of the deficiency of service of the opponents this complaint arose. Hence, this complaint. 

3.       After service of the notice through paper publication, the Opposite Parties no.1 to 4 are called absent and placed them exparte.

4.       Advocate for the complainant filed affidavit evidence.  The complainant marked the documents as Ex.C1 to C14.

5.       We have heard the arguments of complainant side.

6.       On perusal, the following points will arise for our consideration;

(1)     Whether the complaint deserves to be allowed?

(2)     Whether the complainant is entitled for the reliefs as sought?

 (3)    What Order?

7.       The findings to the above points are;

                   (1)     Affirmative

                   (2)     Partly Affirmative

                   (3)     As per final Order

:R E A S O N S:

Point Nos. (1) & (2):-

8.       The complainant has produced documents and marked as Exs.C1-Registration of Association, Ex.C2- Sale Deeds, Ex.C3-BKhata, Ex.C4-Notice issued by BBMP and BWSSB, Ex-C5 and Ex-C6 amount paid to the authorities BWSSB and KEB, Ex.C7-Communications, Ex.C8- legal notice, Ex.C9-reply notice from the Opposite Parties, Ex.C10-rejoinder, Ex.C11-mail sent by Opposite Party advocate, Ex.C12- postal receipts, Ex.C13-Postal acknowledgment and Ex.C14 un-served returned RPAD covers.

9.       Perused the contents of the complaint, affidavit evidence of complainant and documents produced by the complainant. We noticed that the Vensa Residential flat owners association is registered association registered under Karnataka Registration of Societies Act and Venkta Sai Properties and Developers Pvt. Ltd carrying a business of developing the properties and construction of flats and complexes.  Opposite Party-2 and his wife Rajashree (Died) along with Opposite Party-3 and 4 are absolute owners of the property bearing portion of Sy.No.54 measuring -30 guntas situated at Singasandra village, Begur hobli, Bannerghatt, Bommanahalli CMC, Khata No.484. Opposite Party-2 has constructed 64 flats in above mentioned property in the name and style of “Vensa Residency”. Further the complainant association has paid Rs.36,97,600-00 to the BWSSB and widening of the road, transformer shifting, relaying of cables, rain water harvesting and sewerage treatment plant, Rs.25.00 lakhs excluding miscellaneous expenses of Rs.10.00 lakhs was also paid. However in spite of several mails, meetings, phone calls from the complainant association the Opposite Parties have not gave the money to the authorities. Moreover the Opposite Parties 2 and 3 did not provide car parking regarding PH-1 to PH-8, i.e. 8 pent houses which were illegally constructed by the Opposite Parties. In spite of issued legal notice calling upon the complainants for amicable settlement and sending the mails, Opposite Parties not settle the matter which amounts to deficiency of service on the part of the Opposite Parties. Moreover in spite of service of notice through paper publication the Opposite Parties 1 to 4 are absent and placed them exparte. Hence, the allegation of the complainant association is true and believable.    Considering the facts discussion made here, we are of the opinion that, the complainant association has proved the deficiency of service on the part of Opposite Parties.

.   Point No.(3):-   

          18.     In view of above discussion, we proceed to pass the following:-

:ORDER:

The complaint filed by the complainant association is hereby allowed with litigation of cost of Rs.25,000/-.

The Opposite Parties 1 to 4 are directed to refund Rs.71,96,600-00 to the complainant association along with 6% interest p.a. from the date of payment till realization.

Further the Opposite Parties 1 to 4 are directed to pay compensation of Rs.5,00,000/- to the complainant association.

The Opposite Parties are 1 to 4 further directed to comply the above order within two months from the date of receipt of this order.

MEMBER                                                           JUDICIAL MEMBER

Jrk/