BALACHERUVU LAYOUT (VUDA) FLAT OWNERS ASSOCIATION Vs. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY & ORS

JUDGEMENT

(1.) THE short point raised by the complainant for consideration in this case is that the opposite party had agreed to handover the management and maintenance of the water supply system to the complainant (Owners Association) but subsequently they had backed out of this commitment in violation of the statutory right of the Owners Association to handover the manage and maintenance of the water supply system to 368 flats for which the owners had made a deposit of Rs. 1,000/ - and water connection charges of Rs. 150/Rs. 100/ -. After perusing the record and after hearing the Complainant, the Commission at the very outset, came to the conclusion that the complaint was not maintainable for the following reasons : -

(2.) THE substantive complaint is the failure of the Opposite Party -No. 1 (VUDA) to honour its commitment to the Owners Association that it would handover the management and maintenance of the water supply system. But for the purpose of the jurisdiction it is essential for the Complainant to value the goods or services which the Opposite Party had provided or agreed to provide and the compensation, if any, claimed by the Complainant. But the ˜valuation has not been done in the petition. Prima facie the complaint has to be made at the lower levels of the Consumer Protection Forum.

(3.) FAILURE to handover management and maintenance of the water supply system to the Owners Association may constitute a breach of understanding or of a statutory right but does not lead to any deficiency in service which would have been provided after the management and maintenance of the water supply system was taken over by the Owners Association.