Bangalore District Court
M/S Elita Promenade Apartment Owners ... vs Anita Malhotra on 15 February, 2025
KABC010015742020
IN THE COURT OF XXXI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU
Dated this the 15th day of February 2025
Present : SRI.VEDAMOORTHY B.S., B.A.(L)., LL.B.,
XXXI Addl. City Civil & Sessions Judge, Bengaluru (CCH-14)
O.S.No.388/2020
PLAINTIFF : M/s Elita Promenade Apartment
Owners Association,
101, 8th Main,
Beereshwaranagar Main Road,
JP Nagar 7th Phase,
Bengaluru - 560 078.
Rep. by its Secretary.
Smt.Maria Teresa George.
(By Sri.G.Hariprasad, Advocate)
V/s
DEFENDANT : 1. Smt.Anita Malhotra,
W/o Sri Adith Malhotra, Major,
R/at No.13-03 - Block A-3,
M/s. Elita Promenade,
#101, 18th Main Road,
Opp; RBI Water Tank,
Beereshwaranagar Main Road,
J.P.Nagar, 7th Phase,
Bengaluru - 560 078.
2. Sri.Adith Malhotra,
Father's name not known, Major,
R/at No.13-03 - Block A-3,
2
O.S.No.388/2020
M/s. Elita Promenade, x
#101, 18th Main Road,
Opp; RBI Water Tank,
Beereshwaranagar Main Road,
J.P.Nagar, 7th Phase,
Bengaluru - 560 078.
(Exparte)
Date of institution of the suit. 16.01.2020
Nature of the suit Recovery of Money
Date of the commencement of 27.08.2024
recording evidence
Date on which the Judgment 15.02.2025
was pronounced
Years Months Days
Total duration
05 00 30
(VEDAMOORTHY B.S.)
XXXI Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit is filed by the plaintiff against the defendants for recovery of money directing the defendants to pay to the plaintiff a sum of Rs.3,50,810/- being the maintenance charges due from 01.04.2017 to 30.01.2020 together with interest at the rate of 18% p.a. on the said amount from the 3 O.S.No.388/2020 date of suit of till the date of realization and cost of the suit.
2. The brief facts of the case of the plaintiff are that the plaintiff is Elita Promenade Apartments Owners Association incorporated under the Karnataka Apartment Ownership Act, 1972. The plaintiff is looking after the maintenance of the entire residential complex by collecting quarterly maintenance charges from the owners/residents of apartment complex for the payment of the allowances of the property management, agency, security, housekeeping personnel, operation and annual maintenance contract of diesel generator, sewage treatment plant, fire protections, intercom, swimming pool, club house amenities like gymnasium equipment, lifts, garbage collection and disposal, organic waste converter, M and E maintenance, landscaping horticulture consumables, rent and allied charged for water and common area lighting, etc. In the event of any non-payment of the maintenance charges by the owners/residents, the plaintiff cannot meet the above expenses. The defendants are regular defaulters in payment of the maintenance charges. The plaintiff sent several 4 O.S.No.388/2020 telephonic calls and issued reminders to the defendants to pay the maintenance charges. But, the defendants ignored it and failed to pay the maintenance charges. On 07.08.2019, the plaintiff issued Legal Notice to the defendants calling upon them to pay outstanding maintenance charges to the plaintiff. The defendants avoided to receive the said Legal Notice. For the quarter ending of 31.03.2020, the defendants were due to pay Rs.3,50,810/- to the plaintiff towards arrears of maintenance charges. The defendants are liable to pay it along with interest at the rare of 18% p.a. from the date of suit. Therefore, the plaintiff filed this suit.
3. After due service of summons to the defendants, the defendants have not appeared before this Court. Hence, they are placed exparte.
4. To prove the case of the plaintiff, the Secretary of the plaintiff Association by name Manish Agrawal is examined as PW1 and he has produced the documentary evidences Ex.P1 to Ex.P6. Heard the arguments of the learned 5 O.S.No.388/2020 Counsel for the plaintiff. Perused the materials available on record.
5. The following points that have been arisen for consideration;
1. Whether the plaintiff is entitled for the suit claim ?
2. What order or decree?
6. My answers to the above points are as follows;
Point No.1 : Partly in the Affirmative; Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- The pleadings of the plaintiff are remained undisputed by the defendants. Still, the burden is upon the plaintiff to prove its claim by producing the reliable and cogent evidences. In that regard, the Secretary of the plaintiff's Association by name Manish Agrawal has produced his oral evidences as PW1. The oral evidences deposed by PW1 in his affidavit filed by way of examination-in-chief are the reiteration of the facts averred in plaint. In support of his oral evidences, he has also produced the documentary 6 O.S.No.388/2020 evidences Ex.P1 to Ex.P6. Among them, Ex.P1 is the Minutes of Meeting, Ex.P2 Bye-Laws of the plaintiff's Association, Ex.P3 is Account Statement of the Apartment of the defendants, Ex.P4 is the office copy of the Legal Notice issued by the plaintiff to the defendants, Ex.P5 is Postal Receipt and Ex.P6 is Unserved Postal Cover. These evidences produced by the plaintiff are remained undisputed by the defendants.
8. It appears from the contents of Ex.P2 that the responsibility of the maintenance of the Apartment unit is of the plaintiff for which, it shall collect the maintenance charges from the flat owners. It appears from the contents of Ex.P3 that till 31.03.2020, the defendants are due to pay a sum of Rs.3,70,854/-. But, the plaintiff has restricted its claim for Rs.3,50,810/-. The claim of the plaintiff is within the period of limitation. Therefore, the plaintiff is entitled for suit claim of Rs.3,50,810/- from the defendants.
9. The plaintiff has claimed interest on the due amount of Rs.3,50,810/- at the rate of 18% from the date of suit till the date of realization. In Ex.P2, there is no Bye-law to pay 7 O.S.No.388/2020 interest on the maintenance dues and the plaintiff has not produced any documents to prove the liability of the defendants to pay interest as claimed in the suit. Therefore, the rate of interest claimed by the plaintiff is without any basis. Under Section 34 of the Code of civil Procedure, the plaintiff is entitled for interest on Rs.3,50,810/- at the rate of 6% per annum. Hence, I answer Point No.1 partly in the Affirmative.
10. POINT No.2 :- In view of the findings on Point No.1, the suit of the plaintiff is liable to be partly decreed with costs. In the result, I proceed to pass the following;
ORDERS The suit of the plaintiff is hereby partly decreed with costs.
The defendants are hereby directed to pay to the plaintiff a sum of Rs.3,50,810/- (Rupees Three Lakhs Fifty Thousand Eight Hundred Ten Only) together with interest at the rate of 6% per annum from the date of suit till realization.
8
O.S.No.388/2020 Draw the decree accordingly.
(Dictated to the stenographer, typed by her, printout taken, corrected and then pronounced by me in the open court today on this the 15th day of February 2025) (VEDAMOORTHY.B.S) XXXI Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE List of witnesses examined for Plaintiff :-
PW1 : Manish Agrawal List of documents exhibited for Plaintiff :-
Ex.P1 : Minutes of Meeting, Ex.P2 : Bye-Laws, Ex.P3 : Account Statement, Ex.P4 : Office copy of the Legal Notice, Ex.P5 : Postal Receipt, Ex.P6 : Unserved Postal Cover.
List of witnesses examined for the Defendants :-
NIL List of documents exhibited for the Defendants :-
NIL (VEDAMOORTHY.B.S) XXXI Addl. City Civil & Sessions Judge, Bengaluru.Digitally signed by VEDAMOORTHY
VEDAMOORTHY B S BS Date:
2025.02.15 17:15:39 +0530