MUGHAL MASKAN APTTS OWNERS ASSOCIATION Vs. MUGHAL CONSTRUCTIONS

JUDGEMENT

(1.) -APPELLANT filed O. P. No. 72 of 1995 before the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad, contending that respondent, M/s. Mughal Constructions, envisaged a scheme for construction of flats and for that purpose issued a brochure. As per the specifications, it promised one Indian W. C. with high level tank and another European W. C. with low level tank in the flats and regular water Supply throughout; bore well water for household purposes and municipal water supply for drinking purpose with separate overhead tanks. Despite the aforesaid specification, it failed to honour, the commitment and delivered the possession of the flats to the members of the appellant Association on various dates commencing from January 1993 onwards. It was pointed out that since there are 40 flats in the complex the minimum consumption of water per day would be 40,000 litres. For constructing overhead tanks the respondent collected a sum of Rs. 4,500 from each of the flat owners.

(2.) FOR the purpose of water respondent obtained three domestic water connections of half-inch from the water works department which are totally inadequate for supply of water to the 40 families. Two bore wells dug by the respondent became inoperative even before the possession of the flats was handed over to the owners. On repeated requests the respondent agreed to dig one more bore well on condition that the complainant Association meets the cost of zet assembly pipe lines, electrical wrings, etc. The Association also dug one more bore-well by its own expenses. Still however, they are unable to get sufficient supply of water. It is pointed out that if the respondent had gone for a singe bore-well of six-and-half-inches with intimation pump system, many bore wells with futile results would have been decided. Hence, the complaint.

(3.) AFTER considering the contentions raised by the parties, the State Commission by its judgment and order dated 2nd January, 2002 partly allowed the complaint for the deficiency in service in not handing over the title deeds, building permits, plans, electrical and telephone wiring, drainage lines and other papers, deeds and documents which are required for administration and control of the complex, and directed the respondent (i) to pay to the complainant a sum of Rs. 30,000 with interest at the rate of 18% p. a. from the date of filing of the complaint till realisation and (ii) to obtain municipal water connection of one-and-half-inch diameter, in case all the owners contribute the expenditure on intimation by the respondent about the approximate cost. It was also directed that the respondent shall take steps to obtain the said water connection from the Hyderabad Metropolitan Water Supply and Sewerage Board as early as possible. It was clarified that if the complainant Association does not contribute within the period of three weeks from the date of intimation about the approximate amount; the respondent will not have any further responsibility for obtaining such water connection thereafter.