Delhi

New Delhi

CC/348/2017

Harsh Kumar Sharma - Complainant(s)

Versus

Nimbus Projects Ltd - Opp.Party(s)

20 May 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.348/2017                                                                      Dated:

In the matter of:

Sh. Harsh Kumar Sharma

H-29, Naveen Shahdara,

          Delhi-110032                                                                                                                                                                                                                                                                                                                                                               ……..COMPLAINANT

 

VERSUS

 

Nimbus Projects Ltd.

1001-1006, Narain Mandir,

10^th Floor, 23, Barakhamba Road,

New Delhi-110001

•  

 

 

H.M. VYAS, MEMBER

ORDER

The complaint has been filed stating that the complainant purchased two bed room flat of 831 sq. ft. from OP. The complainant approached the Mediation Centre and thereafter, the builder allotted the car parking space-177A vide letter dated 12/07/2016. The following relief has been prayed for:-

1. “Refund of Maintenance Charges which I have been paying regularly  since September, 2014.
2. No objection Certificate for independent Water and Electricity Connection.
3. I still do not know about Rs. 75,000/- paid as additional charges. You are requested to help me in this also.”

The OP was noticed, who contested the case and filed written statement/version.

It is alleged by the OP that the complainant is out of purview of the Consumer Protection Act and the complainant is not come under the definition of 2(1)d of Consumer Protection Act.

It is alleged that the complainant has failed to place or point out any deficiency in service on the part of OP. It is stated that the complainant in the year 2015 filed a complaint before Mediation Centre, that the builder had asked for additional charges of 75,000/- without explanation. The said dispute was settled on 28/09/2015 and it was ordered

 “that the matter arises between the parties i.e. H.K. Sharma Vs. Nimbus Projects Ltd. has been resolved, both the parties have not any issue or grievance from each other. Both the parties are satisfied with the settlement and in future there is no dispute with regard to 75,000/- (Rupees Seventy Five Thousand) as mentioned in the Builder Buyer Agreement. That the complainant shall be entitle to get a open car parking and the OP will provide one open dedicated car parking space. The complainant will get one open dedicated car parking space”.

 It is stated that the said amount was charges to provide extra facility viz. installation of Boom Barrier in the complex, CCTV’s, Fencing, Grills, DG set chimney etc.

The complainant again filed a complaint before the Mediation Centre stating not to have received dedicated car parking at the time of handing over possession of flat, and as such the possession was not complet. The OP through maintenance contractor had disconnected complainant’s electricity connecting for non-payment of maintenance charges. The matter could not be resolved there.

It is stated by the OP as per settlement dated 28/09/2015 The OP was allotted car parking vide letter dated 12/07/2016. It is also stated that as per rights/obligation/duties of the buyers the complainant agreed to handover the maintenance agency and also under take to pay a maintenance bills/charges etc. The maintenance charges would become applicable/payable after 30 days from the date of issue of notice of possession. Prayer to dismiss the complaint has been made.

The complainant as well as OP filed their respective evidence by way of affidavit. Written arguments were also filed on behalf of complainant as well as the OP. The OP has also placed on record true copy of the “Mediation report” dated 28/09/2015, duly signed by both the parties.

The complainant during oral arguments pointed out that the possession of the allotted unit was incomplete as the car parking being integral part of the flat was handover only on 28/09/2015 and therefore, the maintenance charges allegedly paid since September, 2014 should be returned and that the no objection certificate for obtaining independent water and electricity connection be directed to be issued by the OP to the complainant. Admittedly, the possession of the flat was handed over on 17/10/2015 as per the Possession Handing Over Certificate placed by the OP on record. Further, the settlement arrived between the parties before mediation centre on 28/09/2015 regarding the disputed amount of Rs. 75,000/- and possession of car parking has also been admitted by the complainant.

 The issued  thus remain confined to the maintenance charges allegedly paid since September-2014. The amount of maintenance charges has not been quantified by the complainant, however the OP in its evidence has stated that the interest free maintenance security deposit of Rs. 35/- per sq. ft shall be paid by the complainant to the developer before possession. Further the general maintenance charges of Rs. 1.25 per sq. yd.  shall be payable by the complainant to the developer/maintenance agency every month. The said maintenance charges had been fixed in the context of prices prevailing as on 31/03/2010 and same would enhance @ 15% every year. It is further also stated and argued that the complainant was being charged with agreed rates of electricity and maintenance charges. The complainant though was given maintenance agreement for signature/execution but despite several reminder, complainant did not return the same duly signed.

 We have considered the material placed before us and the submission made by the parties.

The issue of Rs. 75,000/- since already settled before the Mediation Centre on 28/09/2015 does not sustain and is liable to be  rejected.

So far as the NOC in independent Electricity and Water connection, we are of the considered view that in the Multi Storey Complex Project, the water & electricity connections are provided to all the allotees while executing the internal/ external development of the project. In towers, the provision of connections are made to each unit connected with the main source for water and electricity supply. Each flat buyer thus has to bear its expenses for consumption of water and electricity. As such permission/NOC as prayed by complainant cannot be directed to be issued against the OP and the prayer of complainant is rejected.

So far as the maintenance charges, we are of the considered view that the OP can charge the maintenance charges only after handing over the possession of the flat with car parking. The date of handing over possession is 17/10/2015  and as such the maintenance charges recovered by the OP from the complainant are unjust and arbitrary. However, refund of the amount cannot be allowed.

In view of the above, It is clear that levy of maintenance charges by the OP for the period before the date of possession i.e. 17/10/2015 was unjustified arbitrary and therefore we hold the OP to have adopted unfair trade practice and being deficient in service, accordingly, we hold that OP cannot change maintenance charges till the date of handing over possession i.e. 17/10/2015. We also direct OP to pay litigation charges of Rs. 2,000/- to the complainant.

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy each of this order each be sent to both parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 20/05/2019.           

 

 

                                                        (ARUN KUMAR ARYA)

                                                                 PRESIDENT

(NIPUR CHANDNA)                                                                         (H M VYAS)

            MEMBER                                                                                      MEMBER