NFG FLAT OWNERS WELFARE ASSOCIATION Vs. ROYAL PROJECTS

JUDGEMENT

(1.) Complaint filed under section 15 and 17 of the Consumer Protection Act, 1986.

(2.) The case of the complainants is as follows:- 1st complainant is the North Fort Garden (NFG) Flat Owners Welfare Association represented by its President and 2nd complainant is the present President of the 1st complainant association. 2nd complainant is also owner of one flat in North Fort Garden (NFG). The opposite parties are the promoters and builders of NFG, a multi storied building consisting of 32 flats. 1st respondent is the partnership firm by name M/s Royal Projects represented by its Managing Partner and opposite parties 2 to 5 are the partners of the 1st opposite party firm. The complaint is filed for and on behalf of NFG and for the benefit of the flat owners in NFG flats. The said 32 apartments in the building are situated on the land comprised in survey No.983/03 of Nadama village having an extent of 24.476 cents. The owners of the aforesaid 32 apartments have purchased 1/32 undivided share in the aforesaid property. The individual flat owners had entered into separate agreements with the opposite parties and have purchased the aforesaid undivided share in the land. They also entered into separate construction agreements for construction of the said apartments in NorthFort Garden. The opposite parties had also given brochure and leaflets containing the terms and conditions regarding execution of the agreements and specifications of the flats with the facilities and amenities to be provided to the flat owners. Among other things, the opposite parties agreed for construction of sump tanks and overhead tanks for Municipal Water Supply and also for ring water supply. They also agreed to provide modern fire fighting systems and fire escape staircase for the aforesaid multi storied building in NFG. The amenities like common chute for garbage disposal and provision for septic tanks with sewage treatment system had been assured. The opposite parties had also collected Rs.10,000/- each from the flat owners for payment of sales tax, workers welfare fund, building charge, KSEB charges etc. They also collected Rs.5000/- each from three flat owners by way of association fund. But the same is not yet paid to the 1st complainant association. The opposite parties also failed to provide security cabin for security staff on duty. The opposite parties committed deficiency in service on their part in providing the assured amenities and facilities. The opposite parties failed to provide fire escape stair case and facilities for modern fire fighting system. The opposite parties have also reduced the plinth area and carpet area for the flats. They also failed to provide sump tank and over head tank for municipal water supply and thereby the 1st complainant/association constructed sump tank and over head tank by spending a sum of Rs.35,000/-. The opposite parties are bound to refund the said sum of Rs.35,000/-. The exhaust pipe provided for diesel generator has not been fixed properly and the same was rectified by the 1st complainant/ association by spending Rs.15,000/-. The opposite parties have not constructed fire escape staircase as stipulated in the Kerala Municipality Building Rules. A small staircase constructed inside the building and very close to the main staircase will not serve the purpose of fire escape stair way. There is no provision for passage of air at the common corridors of floors 1 to 7. In case of a fire incident, there is no way for the smoke to escape. For making the common corridors by providing openings a sum of Rs.30,000/- is required. The fire fighting installation is not complete and a further sum of Rs.1,75,000/- is required to provide fire extinguishers and other accessories. The chute for garbage diesel is not done till date for construction of the same a sum of Rs.1000/- is estimated. Plain water is entering in the lift cabin causing thread to the safety of the inmates. Rubber beadings have not been provided for glass panel of the lift. A sum of Rs.25,000/- is estimated for rectifying the said defects. Thus the complainants have requested to provide the assured amenities and to rectify the defects in the construction of the multi storied building in NFG flats. The complainants have also claimed an alternative relief for payment of Rs.19,94,000/- by the opposite parties.

(3.) The opposite parties entered appearance and filed joint written version contending as follows:- The complaint is highly barred by limitation. The complainants have not locus-standi to file the present complaint. The 1st opposite constructed 32 apartments comprised in survey No.983/3 of Nadama village. The extent of the land shown as 24.476 cents in the complaint is not correct. It is true that sale deeds and construction agreements have been executed between the purchasers and the 1st opposite party/M/s Royal Projects. The 1st opposite party constructed 32 flats according to the approved plan issued by the competent authority. The Tripunithura Municipality has also issued completion certificate. The construction of the apartments was according to the brochure and the approved plan. Fire force department inspected the apartments and issued no objection certificate. Fire escape stair case and garbage chute had been constructed as provided in the building plan and the same have been approved by the authorities. The local authority had also conducted inspection and issued occupancy certificate etc. The flat owners have been paying property tax for their respective apartments for the last 4 years. Sanction has also been obtained from the Electrical Inspectorate certifying the provisions provided for electricity. The building is constructed in accordance with the provisions of the Kerala Building Rules. Open ventilation has been provided for the stair case landing. The fixtures and fittings are installed as directed by the Fire Force Department. The 1st opposite party provided 2 lifts for the said building and the same have been working properly. There was no provision for security cabin; but the 1st opposite party has provided a security cabin in the said building. The 1st opposite party constructed sump tank and over head tank. But the 1st complainant association constructed an additional tank above the building against the provisions contained in the approved plans. The 1st opposite party has also constructed septic tank, sock pits, sewage treatment system for the said building. Exhaust pipe and diesel generator have been installed and fixed properly. The amounts collected from the flat owners have been properly accounted. In fact amounts were due to the 1st opposite party from the flat owners and the same have been settled. The 1st complainant association have allotted car park to 2 flats owners viz; Sri.Paul Kuriakose and Sri.Saratchandran and that in fact the said car parks were provided for the 2nd and 4th opposite parties who are having 2 flats in the said building. The 1st complainant association apprehended legal action for their unauthorized construction and thereby the 1st complainant association filed a caveat petition against the opposite parties before the Munsiff Court, Ernakulam. There was no deficiency in service on the part of the opposite parties. Thus, the opposite parties prayed for dismissal of the complaint with exemplary costs.