State Consumer Disputes Redressal Commission
Residents Welfare Association Regd ... vs Vice Chairman And Housing ... on 25 May, 2011
BEFORE THE A BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD. E.A.No.30 of 2009 in C.C.No.03/2008 Between: Residents Welfare Association Regd No.1631/2007 Block A-7, Flat 403, Sanskruti Township Hyderabad-500 088, A.P. Represented by its General Secretary Sri M.Raghava Rao Petitioner/ Complainant And Vice Chairman and Housing Commissioner, A.P.Housing Board, Gruhakalpa, M.J.Road, Hyderabad-500 001, A.P. Respondent/ Opp.party. E.A.No.31 of 2009 in C.C.No.04/2008 Between: Residents Welfare Association Regd No.1631/2007 Block A-7, Flat 403, Sanskruti Township Hyderabad-500 088, A.P. Represented by its General Secretary Sri M.Raghava Rao Petitioner/ Complainant And Vice Chairman and Housing Commissioner, A.P.Housing Board, Gruhakalpa, M.J.Road, Hyderabad-500 001, A.P. Respondent/ Opp.party. For the Petitioner: Mr. M.Raghava Rao, Party in person Counsel for the Respondent: Mr.J.Prabhakar QUORUM: THE HONBLE SRI JUSTICE D.APPA RAO, PRESIDENT AND SMT.M.SHREESHA, MEMBER
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WEDNESDAY, THE TWENTY FIFTH DAY OF MAY, TWO THOUSAND ELEVEN (Typed to the dictation of Smt.M.Shreesha, Honble Member) *** These are applications filed U/s.27 of C.P.Act, 1986 by the petitioner to pass an order against the respondent for violating the orders passed by this Commission in C.D.Nos.3/2008 and 4/2008 dated 11-2-2009 and also the order of Honble National Commission in F.A.No.110/2009 and F.A.No.113/2009.
This Commission by its order in C.D.No.3/2008 dated 11-2-2009 allowed the complaint directing opposite party to attend on the following:
Ducts:to conduct repair works on the leakages of ducts and the complainant is directed to co-operate with the opposite party and hand over one set of keys to the facilitator to enable them to attend to the repair works as and when necessary and the defects are to be rectified as stated by the High Power Committee report.
Water Tanks, gauges and ladders: Opposite party are directed to see that the ladders are fixed properly and also fix the water level gauges for each tank.
Lift: With respect to lift, the complainant is directed to submit its representation before the High Power Committee , which shall consider the matter.
Fire Fighting system: Opposite party are directed to provide fire fighting equipment at appropriate places as stated in the brochure and also obtain a fit for occupancy certificate from the statutory authorities.
Secuirty system: The brochure states that security posts will be made available at suitable locations. We direct the opposite party to provide permanent security posts.
Telephone landline cables: Opposite party admitted in the counter that work was given to M/s.Ray Consultants and Contractors and they have stopped the work midway. We direct the opposite party to complete the execution of work.
Plastering: Plastering, painting, electrical works, opposite party are directed to provide these facilities as per the specifications stated in the brochure and which are also aforementioned in the High Power Committee Report.
Common Corridors: The prayer of the complainant to lay ceramic tiles on the flooring of common corridors is dis-allowed since there is no specific mention in the brochure.
Maintenance: With respect to maintenance, since this Commission does not have jurisdiction to fix maintenance charges or to direct for payment of arrears, if any, it is open to the complainant to make a fresh representation to High Power Committee which may consider the report.
It further directed that with respect to complainants claim of incinerator, since there is no such specific provision in the brochure, it is open to the complainant to make their own arrangements for disposal of garbage. With respect to the prayer of the complainant to provide modern facilities like school, hospital, club house, shops, commercial complex etc. opposite party are directed to provide these facilities as promised by them in the brochure within a period of six months. With respect to the complainants prayer of Maintenance, elections, inclusion of township in GHMC, senior citizens day care centre, maintenance of roads, parks, illumination and sanitation, burial ground etc. the complainant is directed to make a representation to the High Power Committee for their consideration and also award a compensation of Rs.10,000/- to each of the members of the complainant association, who are members at the time of filing of the complaint for the mental agony suffered by them on account of the aforementioned deficiencies together with costs of Rs.10,000/-.
This Commission by its order in C.D.No.4/2008 dated 11-2-2009 allowed the complaint directing opposite party to attend on the following:
Therefore, opposite party is directed to supervise the rectification work being done by the construction agency and see that they are as per the facilities promised in the brochure which are as follows:
SPEFICIATIONS Foundation & structure: R.C.C. Framed structure Walls : Brick masonry with cement mortar Plastering :Luppam finish for all inside walls & sponge finish for all external walls.
Doors :Custom designed shutters for main door, Commerical flush shutters for inside doors Windows :Glazed aluminium powder coated windows with Safety grills.
Flooring : Good quality ceramic tiles Toilets : Anti skid ceramic tiles with ceramic tile dadoing Upto 2.1 M height & sanitary fixtures Kitchen :Polished Green Marble, stainless steel sink & wall Dadoing Painting : Inside coloring with two coats of plastic emulsion. External walls with cement based paint & joinery with enamel painting. Electrical : Concealed wiring with adequate points for T.V. Telephone, Power Points & Provision for geyser in Toilets. Lift :Ten passenger automatic door lift for each block. Fire Firghting : Provision for fire fighting equipment at appropriate Places and requisite norms Security system : Security posts at suitable locations. Therefore, we are of the
considered view that the amounts prayed for by the complainant with respect to rectification to each flat cannot be allowed in view of the rectification having begun by the construction agency as observed by the High Power Committee. However, since the defects perse exist for which a committee was also appointed, we are of the view that an amount of Rs.5,000/- for each member of the complainant flat owners association, who are members at the time of filing of complaint, is to be paid by the opposite party towards compensation together with costs of Rs.10,000/-.
In the result this complaint is allowed in part directing A.P.H.B. to supervise the rectifications being done by the construction agency as stated in the High Power Committee report and see that the facilities are provided as promised by them in the brochure. The reliefs which are claimed by the complainant and do not reflect in the brochure are being disallowed by this Commission. An amount of Rs.5,000/- is being awarded to each member of the association towards compensation since admittedly there are defects for which a High Power Committee was appointed. We also award costs of Rs.10,000/- to be paid to the complainant. Time for compliance six months.
Dis-satisfied with the directions given by this Commission, the petitioner filed F.A.No.110/2009, 113/2009 and opposite party filed F.A.No.98/2009, 99/2009 against C.D.Nos.3/2008 and 4/2008. The Honble National Commission by its order dated 28-4-2009 disposed of the said appeals with further observations as follows:
On a consideration of the matter, we are of the view that once the State Commission has provided reasonable solution to the problems, in the first instance, the parties should adhere to that and realize the said directions, lest the pendency of these appeals may frustrate the object behind the said directions. Accordingly, we direct the Housing Board to carry out the rectification works as directed by the State Commission within a period of six months. It is stated that a representation in regards to wanting facilities and amenities, maintenance charges, etc. has already been made to the High Power Committee which has yet to decide the question. We direct the said High Power Committee to deal with the said representation of the complainant association expeditiously and decide the same within a period of two months. The suggestions/recommendations made by the High Power Committee shall be carried out by the Housing Board within a period of three months from the date of making of the said recommendations by the said Committee.
However, if in the reckoning of the Residents Association the High Power Committee has not dealt with the entire gamut and they are still unsatisfied it would be open for the association or the individual buyer(s) of the flat to pursue their remedy in accordance with law.
The complainant thereafter requested the opposite party through Associations resolution dt.15-2-2009, letters dated 18-2-2009, 21-2-2009, 01-4-2009, 01-6-2009 and 22-6-2009 and final notice dated 13-7-2009 and the A.P.Housing Board appointed High Power Committee members on 18-7-2009 to implement the orders of this Commission and National Commission in to-to. The complainant submitted the entire gamut of claims and issues before the High Power Committee of A.P.Housing Board as on 21-5-2009, 26-5-2009, 06-6-2009, 11-6-2009, 22-6-2009, 07-7-2009, 18-7-2009, 17-8-2009 as per directions of this Commission and National Commission in toto and also to appoint a Joint Committee in association with the Residents Welfare Association members to plan, execute and supervise the construction of the modern amenities, rectification of defects and to resolve the unsolved items. The respondent, Housing Board did not comply with the orders passed by this Commission in C.D.Nos.3 and 4 of 2008 dated 11-2-2009 and also National Commission in F.A.No.110/2009 and F.A.No.113/2009.
The respondent resisted the application and denied the allegations made by the petitioner. It submitted that it had taken all the steps to implement the orders of this Commission as well as National Commission and submitted that it is filing the correspondence after disposal of the matter which show the efforts and actions taken.
It also filed the proceedings of the High Power Committee and submitted that it is pursuing steps to implement the recommendations of the High Power Committee.
Consequent to the disposal of the appeals by the Honble National Commission, the learned counsel for the respondent submitted that respondent is taking steps to carry out the rectification as directed by this Commission in C.D.s 3 and 4 of 2008 and accordingly addressed letters to the Joint Secretary on 21-5-2009, 26-5-2009, 6-6-2009, 11-6-2009, 22-6-2009, 30-6-2009, 10-8-2009 and 28-10-2009 and carried out the repair work as directed by this Commission. However, the works in respect of some of the flats could not be done on account of non delivery of keys relating to the other flats (source of leakages) and the owners have been addressed to ensure that locks are opened.
It submitted that in the meeting held by the High Power Committee on 11-8-2009, it is brought to its notice that rectification works have been completed in (81) flats in the presence of the owners, which was recorded and further work was directed to be completed.
It submitted that it is also maintaining a register where under the rectification particulars are being noted.
Out of (84) complainant in C.D. 4 of 08, they completed rectification in respect of (60) members. (20) members have not co-operated on the ground that the respondent should replace the CPVC pipes with G.I. popes demanding to replace toilet floor tiles. Four complainants have not responded even over phone when contacted on their doors, found to be locked.
Soon after receipt of the copy, A.P. Housing Board addressed a letter to the erst while counsel to file necessary application for extension of time, however due to communication gap, the rectification application has not been filed though the affidavit in support of the application for extension was already forwarded to him. However recently there was a change of counsel and Mr.Manohar Saxena after collecting all the files from the previous counsel and as there has been some delay in filing the rectification application. Notwithstanding the same, it is taking all possible steps to ensure speedy, redressal of the genuine grievances to the extent possible.
Further, the vice chairman and Housing Commissioner was transferred and in his place another Vice Chairman & Housing Commissioner was posted on 24-12-2009 and the fresh incumbent was posted as Principle Secretary of Finance Department, Government of Andhra Pradesh on 01-1-2010 while continuing the post of Vice Chairman as Housing Commissioner as additional charge upto 27-1-2010 and thereafter the Government has ordered the Managing Director, A.P.State Housing Corporation to take over the charge of Vice Chairman & Housing Commissioner as additional charge.
Subsequently the Government has posted a regular Vice Chairman & Housing Commissioner to A.P.Housing Board on 15-2-2010 and further detailed steps shall be initiated after discussing with the regular Vice Chairman and the same shall be filed and it also reserved its right to file additional counter. It submitted that there had been no defect on its part in complying with the directions of this Commission as modified by the Honble National Commission and submitted that the petitioner is raising demands afresh and insisting the respondent Board to carry out the same, which is not possible and prayed for dismissal of the E.A. The complainant, PIP, filed the statement of Joint inspection done on 12-12-2010 depicting the works. We observe from the document No.9 filed in Para A of E.A.No.30 and 31 of 2009 that the notice dated 21-12-2010 given by the party in person for joint inspection shows that he made a request for serial numbers 2 to 6 to participate in the joint inspection as third parties who are as follows:
2.
The Executive Officer, Pocharam Grama Panchayat
3. The Sarpanch, Pocharam Grama Panchayat
4. The President & Secretary & Treasurer Sanskruti Township Flat Owners Welfare Association
5. The Members of the Sanskruti Township Advisory Committee
1. K.Sudhakar Reddy, 2. Ranjita Reddy 3. B.Ranga Reddy 4.Sharma Sundara Reddy 5. K.Rami Reddy.
6. The flat owners
1. M.Ravindra Reddy, 2. V.Nageswara Rao 3. B.Venkateswarlu
4. Manohara Reddy JOINT INSPECTION ON 24-12-2010 AT SANSKRUTI TOWNSHIP S. No. Honble Commission Order Complainant Contention Respondent contention
1. DUCTS: In view we are of the considered opinion that rectification and modification of the ducts/leakages are to be done as observed by High Power Committee report. Complainants are to be co-operate with opposite party Respondnets or his contractor not complied with the High Power ommittee instructions.
1. Water sewerage pipelines pressure test not yet done.
2. Rehabilitation not Yet done.
3. Under Modifica-
tion 64 blocks ducts are not done, size of the duct to access for maintenance ,height of the trap door should be 6 Not done.
4. Under Rehabilitation 64 Blocks defective bad Workmanship CPVC pipes are to be replaced with G.I. pipes from out side of the 64 blocks to access for mainte-
nance works and avoid dampness Not done.
As per respondent memo dt.13-12-2010.
1. Ducts leakages identified 47 nos.
2. 1. Ducts leakages rectified 31 Nos.
3.1 Ducts leakages to be rectified 16 no lack of keys
2. Water Tanks, Gauges and ladders:These ladders are to be fixed for each tank.
1. sufficient slanting Ladders are to be Fixed on roof top to Water tank.
2. Gauges are not yet Fixed.
3. Balt cocks are not Fixed to arrest the Over flow of the Water.
1. The ladders were fixed with an anchoring hook to the tank wall properly and
2. fixing of gauges is nearing completion will be completed in 10 or 15 days.
3. Fire Fighting System fit for occupancy certificate from the statutory authorities.
1. Not provided outside staircase to the Multistoried 14 Blocks C1-C10 and D1- D4.
2. All statutory permissions certificates are not yet produced.
1. The Director General Fire and Emergency Services have issued Fire safety clearance certificate and recommended the HMDA for issue of occupancy certificate
4. Fit for occupancy certificate issued by the Local Body Pocharam Grama Panchayat.
1. This only procured certificate from the Executive Officer with out doing any stage inspection during the construction as per the HMDA rules. It is null and void document.
2. Now physical verification is required on ground all the construction/ all materials defects pointed by the Local body Pocharam/flat owners association are to be make good by the respondent cost
5.
1. Approval of Revised Final Layout plan Dt.8-12-2010 change of land use in the revised layout
2. 64 blocks, 2080 flats Building approvals and
1. Green Parks and children parks can not be converted in to club house.
2. As per the 1st brochure and original layout.
a) 7 acres of land community center.
b) 3 acres school
c) 11 acres for central park and club house cannot be changed in the revised layout.
d) 21 acres of land as per 1st brochure and all the utility areas as per the order of this Commission to be handed over to the complaint association.
6. Security System: We direct the opposite party to provide permanent security posts
1. Builing Plan is not approved till date.
2. Claiming one post completed is wrong that is constructed by the flat owners Association. The cost is to be reimbursed to that association.
1. Main entrance is nearing completion.
2. Another C1-Block tenders called for.
7. Telephone Land line cables: We direct the opposite party to complete the execution of this work.
Ray construction mild way stopped and abanded the work due to respondent failure since 1.7.2005 to 2008 residents suffered. We association members approached BSNL in the year 2007 and got it done in the year 2008.
BSNL has provided Hence complied.
8. With respect to other prayers of the complainant i.e. to provide modern club, school, hospital, commercial complex, the learned counsel for the opposite party has submitted that work has been started and land has been allotted for some of these facilities as mentioned in his affidavit which is as follows:
Not in Existence on ground as on 24-12-2010.
9.
a) school 7 acres was handed over to Srividya Niketan Education Trust and the plans were already approved by HUDA and it is function since 2006 academic year.
b) Hospital:An extent of 2 acres of land is allotted to NIMS for construction of hospital
c) Club House:has come forward yet an extent of Ac.8-00 is allocated for club house and swimming pool and no bidder
d) Commercial complex
e) Shops:10 temporary shops are provided on the temporary space in the stilt foor for grocery etc. Ac.3.00 of land was
1. Building plans not yet approved.
Unauthorised construction.
2. Respondent cannot sell/lease to third parties.
3. To be cancelled and to be handed over to claimant association in the interest of the township in line with C.D. No.52 of 2003 of this Commission order dt.136-2006 and Criminal petition No.3564 of 2007 decided on 22-11-2010 A.P.(enclosed) 10 With respect to the complainants prayer of Maintenance, elections, inclusion of township in GHMC, senior Citizens day care centre, maintenance of roads, parks illumination and sanitation, burial ground etc. the complainant is directed to make a representation to the high-power committee for their consideration since their claims do not fall within the preview of jurisdiction of this commission
a) senior Citizens Multi services center
1. The High Power Committee Minutes of the Meeting on 32 issues dt 24.6.2009 is null and void with application of mind and 3rd member only respondent engineers who is having dual duties in this project not acceptable to the complaint.
2.As per the NCDRC order dt 28.4.2009 this 32 issues are to be decided by this honble commission in the same case.
Land is to be allotted at utilities (U-4) are 3300 sqmtrs @ Rs 1,00,000 for the development of senior Citizens Multi services center At the time of arguments respondent council mentioned these are to be adjudicated in separate Case.
11C.C 4 of 2008 Therefore, opposite party is directed to supervise the rectification work being done by the construction agency and see that they are as per the facilities promised in the brochure which are as follows Toilets : Anti skid Ceramic tiles
b) Therefore, we are of the considered view that the amouns prayed for by the complainant with respect to rectification to each flat cannot be allowed in view of the rectification having begun by the construction agency as observed by the High power Committee.
c) in respect of change of flats vide Falat No.A7-403, A45-202, C2-401, C5-301, A32-403, C7-202.
1.Not provided Anti skid Tiles
2.Civil Aids test certificate not submitted
3.Pipe lines pressur test not done
4.Rehabilitation not done
5.Only Maintenance work attended
6.Dampness, leakages prese Exist.
7.Permanent rectification not done
8.Declined to pay compensation as prayed by the complaint in the judgment.
Respondent failed to make good of flats and not providing the amenities since 1.6.2005. No hope when he will be completed. 6 members dissatisfied and separate request made to respondent to allot alternative flats. Others are not requested.
1.Maintenance work attended.
2.No direction in the orders to attend the 74 complainants request letters as on 7.7.2009 4.64 flats completed signatures obtained. Hence complied.
12On 04-07-2008 and 20.10.2008 in the same report para 6 General observations made in the flats are
a)Dampness on the surface walls of the toilets, ducts partly
b)Inadequate slopes in toilet flooring
c)Similarly kitchen ducts are observed with same dampness on the surface of surrounding wall areas., Not complied by the respondent and his contractor till date 13 Para 7 plumbing system: APHB have to conduct random test to Identify the standards and specifications of CPVC Pipes for pressure rating once again. At para 13a) The Only expected problem is due to defective joints i.e.Tees/Elbow7s/reducers which are jointed with solvents. In case after testing the pipes if severe leakages are persisting, then rehabilitation work to the pipes in the walls to be taken up. The A.P.H.B has axed the Agency to carryout pipeline pressure test and rectifications if any.
Not complied by the respondent and his contractor till date.
14Para 10 in the said Report Terrace: this can be rectified by providing proper water proofing treatment. In Not complied by the respondent and his contractor till date.
15Para 11 Toilets: The Specification of toilet floor is anti skid ceramic tiles of size 200X200X6 MM thick of Romano or approved make. Advised the A.P.H.B. to conduct the floor type testing as per IS Code 13830 to examine the specification of tiles with a notified parameters. Eported that tiles are sent for testing by civil Aids specific report can be submitted on receipt of report.
Not complied by the respondent and his contractor till date We observe from the aforementioned table that the third parties Sl.Nos. 2 to 6 who participated in the joint inspection include the complainant and the report of Members who are parties to the complaint cannot be relied upon. There is a direction from the National Commission that the the High Power Committee has to deal with the representation and this statement shows works have already begun by the respondent and further the High Power Committee has given its decisions with respect to various recommendations placed before it.
Party in person filed his reply to written arguments on 21-1-2011 in which he sought for a direction to punish the officers involved in the project, to direct the respondents to deposit Rs.35,83,75,200/- with this Commission and to allot and register 3,300 sq. mtrs. at Rs.1,00,000/- in favour of Sri N.Raghava Rao to construct Senior Citizens Multi Services Centre at the area ear marked for utilities (U4) which is the vacant place at Sanskruti township. To direct the respondents to pay damages of Rs.3,000/- per month to each flat owner from the date of sale deed till full pledged facilities are provided by the opposite party, to pass appropriate orders based on High Power Committee decision decided on 24-6-2009.
We observe from the record that the prayer in the main complaint i.e. C.D. 3/2008 and C.D.4/2008 does not value the incomplete works at Rs.35,83,75,200/- or at Rs.86,28,000/- respectively and there is no valuation to that effect done by any Government approved civil Engineers in the main C.D. At the P.P. stage, he seeks such a direction in E.A.30/2009 and this is even beyond the pecuniary jurisdiction of this Commission. The proposal made by the party in person with respect to allotment of alternative flats and also to allot and register 3,300 sq. mtrs. in his favour to construct a Senior Citizens Multi Services Centre are also not a part of the prayer in the main CD and therefore cannot now be considered. The proposal offered by the party in person was also not accepted by the respondent and the same was recorded before this Commission.
Keeping in view the order of the National Commission, we confine our observation to whether the respondent has complied with the directions of the National Commission in its order dated 28-4-2009. The High Power Committee after examination of the whole issue in detail gave some directions as per the minutes of the High Power Committee meeting held on 24-6-2009 and 11-8-2009 as follows:
DUCTS:
By the order of the State Commission, the respondent was directed to conduct repair works on the leakages and the complainant was directed to co-operate with the respondent and handover one set of keys to the facilitator to enable them to attend to the repair works as and when necessary and the defects are to be rectified as stated by the High Power Committee report. The party in person submitted that the ducts work was not completed and that the pressure work and the rehabilitation test was not done inspite of their co-operation by handing over the keys. The learned counsel for the respondent contended that the leakages were identified in 47 ducts and registered notices were served for obtaining the required flat keys to 147 flats for repair of ducts and the response from the flat owners in arranging the flat keys was from 23 flat owners only. The learned counsel for the respondent contended that there was no response from the 111 owners even after serving final notice for want of keys of their flats for duct leakage rectifications. The respondents also filed a statement showing the action plan for rectification of the defects pointed out by the High Power Committee.
The respondent has also filed the correspondence dated 28-10-2009 addressed to the General Secretary calling upon the flat owners to hand over the keys for block wise rectification. It is apparent from the record that there has been an attempt by the respondent to rectify the ducts as seen from the registered notices sent by them and also the correspondence. The High Power Committee in its report dated 11-8-2009 has clearly stated that the keys were not made available and that rectifications in balance 55 flats will be taken up. At the request of the complainant, the respondent also furnished the particulars of the flat owners including their phone numbers to enable the complainant to organize the keys and also filed the relevant statement before this Commission. As work has commenced and the High Power Committee is supervising the completion of the balance works, we are considered view in view of this allegations and counter allegations with respect to availability of keys and co-operation between the two parties, we direct the respondent to complete the works and the complaint to co-operation and both parties to report to the High Power Committee works with respect to completion of ducts.
Water tanks, gauges and ladders: The learned counsel for the respondent filed a memo/written submission stating that they have fixed the ladders properly and provided the gauges and submitted that the High Power Committee also reported the same. The complainant submits that in the joint inspection dated 24-12-2010 that sufficient slanting ladders are to be fixed on the roof top to each water tank and that gauges and balt cocks are not fixed to arrest the over flow of the water. As against this the respondents submit that the ladders were fixed with an anchoring hook to the tank wall properly and the fixing of gauges is nearing completion and we also observe from agenda item No.19 of the minutes of the High Power Committee held on 24-6-2009 suggested that this work should be completed within the time frame. The time frame suggested by the respondent is only 10-15 days and we are of the considered view that the submission of the respondent that the work has been completed can be relied upon and this direction is complied with Lift: This Commission in its order directed the complainant to submit their representation before the High Power Committee which will consider the matter. In agenda item no. 24 of the minutes of the High Power Committee meeting dated 24-6-2009, the committee held that the elected body should decide the aspect of lift and therefore this does not warrant our interference.
Fire fighting system: This Commission has directed the respondent to provide fire fighting system at appropriate places as per the brochure. The respondent provided the fire fighting system and also obtained certificate from the fire department and fit for occupancy certificate from the concerned authorities. (Annexure 11 and Annexure 12).
Annexure 12 dated 08-12-2010 evidences that the flats are completed and FIT FOR OCCUPATION. Keeping in view the certificate from the fire department, we are of the considered view that this direction has been complied with.
Security system: The respondent has provided one security post at the entrance which is nearing completion and another post is under construction (Annexure 13). Annexure 13 filed by the respondent is dated 24-11-2010 and is the short tender notice calling for tenders for construction of one number of security post at C1 block. This evidences that the respondent has taken steps for compliance of the order. The respondent has already provided the compound wall and barbed wire fencing to the boundary wherever necessary of the entire layout approved. The learned counsel for the respondent contended that the order of this Commission has been complied with respect to security system and that they are nearing completion. In view of this submission, the Housing Board is directed to confirm the completion before the High Power Committee.
Telephone, landline cables: The complainant submitted that Ray construction has stopped the work midway and the association members approached BSNL in 2007 and got the work done in 2008. The respondent contended that they got the works executed through BSNL and provided telephone landline cables, free intercom facility and internet as evidenced under Annexure 14 and 15. The respondent filed a sealed cover containing the work orders issued to Ray contractors and also Mahalakshmi Cable net work. Taking into consideration that steps have been taken by the respondent to comply with the direction of this Commission. We are of the view that it is in the process of completion. Any further grievance as observed by the National Commission, the complainant can proceed in accordance with law.
Plastering: The learned counsel for the respondent submitted in his written arguments that plastering, painting and electrical works were completed as per the brochure. With respect to electrical cables in agenda 20 of the High Power Committee meeting dated 24-6-2009, the committee ascertained that the underground cables used are ISI standard and armored and hence ducks are not mandatory. We are of the view that this is complied with.
Maintenance: 1. The High Power Committee based on the representation of the complainant recommended through agenda No.13 to 16 to conduct regular elections and handover the maintenance to that elected body. Regular elections were conducted under the aegis of APHB and the maintenance was handed over to the elected body on 20-6-2010 as per the proceedings under Annexure 17.
2. Respondent was directed to ensure transfer of balance funds in the maintenance account to the account of the elected body which was transferred as evidenced under Annexure
18.
3. Respondent was directed to transfer the corpus fund to the elected body which was also done and the order of this Commission was complied i.e. as per the recommendation of the High Power Committee.
Burial Ground: The complainant made a representation to the High Power Committee to allot land for burial ground and the respondent made a representation to the District Collector for allotment of land for burial ground as evidenced under Annexure 19, hence the order of this Commission has been complied with.
Other facilities: 1.This commission has also directed the respondent to provide other facilities like school, hospital, club house, shops, Commercial complex as specified by the respondent in their brochure within a period of six months. The complainant submits that as on 24-10-2010, these facilities were not in existence.
Building plans of the school have not yet been approved.
Respondent filed Annexure 20 which evidences that the respondent handed over 7.5 acres of land to Srividya Niketan Education Trust and the respondents contention is that this school is running since 2006 and we see no reason to construe the order has not been complied with.
2. With respect to hospital, respondent filed Annexure 21 which evidence that Ac.2.00 of land has been allotted to NIMS on 31-5- 2005 to construct a health centre which also concludes that steps were taken by the respondent to construct a hospital.
Therefore, this direction also can be construed to be complied with.
With respect to hospital and school if they are any grievances, the complainant is directed to approach the High Power Committee or proceed in accordance with law as directed by the National Commission.
3. With respect to provision of shops, respondent vide Annexure 22 submitted that 10 shops were already provided on temporary basis and the complainant association filed W.P.57/2011 and W.P.M.P.No.60/2011 and obtained stay of the construction in the area earmarked for club house in the revised approved layout.
With respect to construction of club house in the area construed to be used by the respondent it is subject to the result of the Writ Petition in the High Court.
Payment of compensation and costs: This Commission has directed the respondent to pay Rs.10,000/- towards compensation to each of the members of the complainant association, who were members at the time of filing of the complaint together with costs of Rs.10,000/-. The learned counsel for the respondent submitted that there is a clarification pending before the National Commission with respect to compensation and costs and both parties shall abide by the decision of the National Commission.
As per the orders of the National Commission, the High Power Committee is directed to deal with the representations of the complainant association and the suggestions made by the Committee should be carried out by the respondent within a period of three months. In the instant case, the High Power Committee has recommended certain suggestions which the respondent Housing Board has taken steps to comply. The High Power Committee has also addressed with respect to maintenance, elections, shopping mall, etc. and the respondent is directed to adhere to the recommendations. As per the orders of this Commission and confirmed by the National Commission, we observe that most of the directions have been complied with and if there is any grievances with respect to the execution of work, the complainant is directed to approach the High Power Committed and if still unsatisfied, pursue their remedy in accordance with law.
Hence this P.P. is closed with the aforementioned directions. To reiterate, as per the orders of the National Commission, if the complainant is of the opinion that the High Power Committee has not dealt with the entire gamut and still they are unsatisfied, it is open for the association or the individual buyer of the flat to pursue their remedy in accordance with law.
E.A.No.31/2009:
In E.A.No.31/2009, the complainant has sought for a direction to the respondent to pay an amount of Rs.86,28,000/- to the complainant or deposit the amount in the Commission and to pay damages of Rs.12,60,000/- awarded by this Commission and also seeks direction for allotment of alternative six flats in another sector i.e. Kukatpally, to further direct the respondent to issue allotment letters for six flats within one week from the date of order and to execute sale deeds within 18 months and also to charge Rs.1250 per sq ft.
for any additional plinth area and if this is not acceptable to the respondent, the complainant seeks direction to the respondent to refund the originally paid amounts together with the registration charges, maintenance charges, cost of wood works, repair costs with interest together with compensation of Rs.5,00,000/- for each flat.
Since in the main C.D. does not include any such prayer and the learned counsel for the respondent did not agree for the said course, we cannot go behind the decree at this stage and give a direction to the respondent to accept the said course when the learned counsel for the respondent opposed it. Hence the contention of the complainant, party in person that six flats have to be allotted to him and also the rate at which it is to be allotted, is unsustainable.
The orders of this Commission in C.C. 4/2008 is with respect to anti skid ceramic tiles, toilets, leakages in CPVC pipes, ducts wash basins and top marble slabs. The direction to deposit 86,28,000/- cannot be given as most of the works have been complied with. The respondent filed a memo with respect to the status of the works undertaken by A.P.Housing Board as follows:
Status of the works undertaken by A.P.Housing Board
1) In all, there are 84 members in C.C.No.4 of 2008. The Housing Board carried out rectification in respect of 40 flats and also obtained signatures of the parties concerned prior to the previous date of hearing i.e 29.09.2010.
2) Between 29.09.2010 and this date of hearing, the Housing Board undertook rectification works in respect of 44 flats, out of which 29 flats are the flats in which no rectification works were carried out earlier, and in the remaining 15 flats ( for which works were already done), the works are re-examined and wherever necessary repairs are carried out afresh. Thus, out of 44 flats, 27 flat owners have signed in token of completion of the work to their satisfaction. Works in respect of six flats could not be undertaken as the doors were locked and the officials could not get the keys in spite of best of their efforts. Registered notices were issued to the parties to their known addresses and one copy was affixed to the doors of the flats duly obtaining the endorsement of the witness to that effect.
The learned counsel for the respondent also filed a detailed statement of rectifications of defect concerning flat numbers as follows:
A) Flat No.A27-201. B) Flat No.A30-208 C) Flat No.C7-202 D) Flat No.A13-307 E) Flat No.C6-702 F) Flat No.A32-403 & Flat No.A32-303 G) Flat No.A45-202, Flat No.C2-401, Flat No.C5-301 H) Flat No.A45-101.
With this statement the respondent submits that they have almost complied with the orders and the remaining works shall be completed shortly.
Since there are allegations and counter allegations with respect to keys being not made available and rectifications not carried out in those flats, we direct both the parties to appear before the High Power Committee and the High Power Committee shall supervise the rectifications of these defects identified as per the orders of this Commission in C.C.4/2008. With respect to compensation and costs awarded by this Commission, The learned counsel for the respondent submitted that there is a clarification pending before the National Commission and both parties shall abide by the orders of the National Commission.
Hence this P.P. is closed with the aforementioned directions. To reiterate, as per the orders of the National Commission, if the complainant is of the opinion that the High Power Committee has not dealt with the entire gamut and still they are unsatisfied, it is open for the association or the individual buyer of the flat to pursue their remedy in accordance with law.
Sd/-PRESIDENT.
Sd/-MEMBER.
JM Dt.25-5-2011