PHIROZ SAVAKSHA GREEN Vs. BLUE FOUNTAIN ENTERPRISES

JUDGEMENT

(1.) The complainant has joined a scheme known as " Aarsi Corner Flats" organised by the opposite parties. The scheme considered both commercial and residential premises. The complainant has purchased a flat No.403 on 4th floor for the price of Rs.350 lakhs. There is no dispute that the scheme is completed and possession was handed over in the year 1988. The society was also formed and registered in February 88 under the provisions of Gujarat Co-op. Societies Act. The complainant has also become the member of the said society. The society is supposed to provide the members water supply, lift maintenance, general lights maintenance, parking plot, sanitation, security etc.

(2.) The opposite party No.1 is the scheme organiser and opposite party No.2 is the Chairman of the society and opposite party No.3 is the member of Flat No.404 and opposite party No.4 is also a member of flat No.401. The complainant has alleged that the opposite party No.4 is also the owner of flat No.402 but this fact does not appear to be true. The complainant has apprehended that the owner of flat No.404 the opposite party No.3 herein and his wife Minaxiben were likely to transfer this flat to one Devendrabhai Shah, a well-known Ayurvedic practitioner for the purpose of his clinic for the ailments like Haras, masa, bhagandar and such allied diseases. According to his information the banakat was also executed by the opposite party No.3 in favour of the said vaidya who has roaring practice and if this purchase is completed the said vaidya will use this residential premises for practice and will cause great nuisance to the complainant and other members of the residential flats on 4th floor.

(3.) The complainant alleged that the opposite party No.2, the Chairman did not take steps to check the usage of flat Nos.401 and 402 which are also alleged to be used for non-residential purposes. According to the complainant number of persons are visiting non-residential premises resulting into increase in cost of service and electrical burning charges and other expenses which have to be borne by other members including the complainant.