CHAIRMAN SITA SMRUTI CO-OPERATIVE HOUSING SOCIETY LIMITED Vs. SIDHARTH ASSOCIATES BUILDERS AND DEVELOPERS

JUDGEMENT

(1.) THIS is a complaint filed on behalf of Sita Smruti Co -op. Housing Society through its Chairman Mr. S.S. Malvankar (hereinafter referred to as 'complainant') under the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') on 30.11.1999 and registered in the year 2000 against M/s. Sidharth Associates Builders and Developers (hereinafter referred to as 'opponent') alleging deficiency in service. Complaint is subsequently numbered as 'Complaint No.8/2000'.

(2.) THE facts leading to this complaint can be summarized as under:

(3.) AFTER taking possession of their respective flats, the flat purchasers came together and formed Co -operative Housing Society under the name "Sita Smruti Co -operative Housing Society Ltd." After taking possession, the flat purchasers noticed deficiency in service on the part of opponent. It is noticed that the Municipal Authority never assured supply of water to the project. The Municipal Authority had not assured the water supply and hence, the Society had to take water through tanker by spending money from the society. According to clause 11 of the agreement which the opponent entered into with the flat purchasers, possession was to be handed over on 31.12.1992. However, opponent actually started giving possession from 5.4.1994 and that too without obtaining Completion Certificate from the Municipal Authority. Failure to handover possession as agreed in the agreement amounts to deficiency in service on the part of opponent. The opponent has collected Rs.1,000 for legal charges for the agreement. Rs.260 for share money entrance fee of the society, Rs.500 for formation and registration of society, Rs.2,232 towards proportionate share of taxes for 12 months and Rs.2,325 for infrastructure development, thus totally opponent has collected amount of Rs.6,317 from the individual flat purchasers.