Bangalore District Court
M/S Elita Promenade Apartment Owners ... vs Kunal Mahesh on 22 June, 2024
KABC010016852020
IN THE COURT OF THE X ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH-26)
Dated this the 22nd day of June, 2024
Present
Sri Vijaya Kumar Rai, B.Com., LL.B.,
X Addl. City Civil & Sessions Judge,
Bengaluru.
O.S.No.422/2020
Plaintiff: M/s Elita Promendade Apartment
Owners Association
101, 18th Main,
Beereshwaranagar Main Road,
JP Nagar 7th Phase,
Bengaluru-560 078.
Rep. By its Secretary
Smt. Maria Teresa George.
(By Sri Hariprasad Y., Adv.)
Vs.
Defendants: 1. Sri. Kunal Mahesh,
R/at No.16-04-Block A-08
M/s.Elita Promendade
#101, 18th Main Road,
Opp. RBI Water Tank,
Beereshwaranagar Main Road,
JP Nagar, 7th Phase,
Bengaluru-560 078.
2. Smt. Anita Mahesh,
W/o Sri.Kunal Mahesh,
R/at No.16-04-Block A-08
M/s.Elita Promenade
#101, 18th Main Road,
Opp. RBI Water Tank,
2 OS No.422/2020
Beereshwaranagar Main Road,
JP Nagar, 7th Phase,
Bengaluru-560 078.
(Placed Exparte)
Date of institution of the suit 16.01.2020
Nature of the suit For recovery of money
Date of the commencement 03.11.2022
of recording of evidence
Date on which the judgment 22.06.2024
Pronounced
Total duration Years Months Days
04 05 04
(Vijaya Kumar Rai)
X Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit is filed by the plaintiff association for recovery of Rs.4,57,290.92/- along with interest at the rate of 18% p.a. from the defendants.
2. The case of the plaintiff in brief is as here under:-
The plaintiff is an association incorporated under the Karnataka Apartment Owners Act, 1972 and the defendants are the owners of Flat No.16-04 in Block A-7 3 OS No.422/2020 situated in the residential complex of the plaintiff. As per the Bylaws of the association the residents who have occupied the Flat is required to pay maintenance charges to meet the expenses of management, agency, security housekeeping personal, annual maintenance contracts, diesel to the generator, expenses of sewage treatment plant, fire protection, swimming pool, clubhouse, amenities, including Gymnasium equipments, lifts, garbage collection, disposal, organic waste converter and common area lighting etc., The defendant being a owner of the occupant has failed to pay the maintenance amount and become a chronic defaulter. Therefore, the plaintiff has issued a notice demanding to pay the amount of Rs.4,57,290.92/- but the defendants have not responded and therefore filed this suit for recovery along with interest at the rate of 18%.
3. Inspite of the service of the suit summons, the defendants have remained exparte and the Secretary of the plaintiff association is examined as P.W.1 and got marked as Ex,.P.1 and Ex.P.5.
4. Heard the counsel for the plaintiff.
5. The points for determination of this court are- 4 OS No.422/2020
1) Whether the defendants are liable to pay a sum of Rs.4,57,290.2/- along with interest of 18% p.a?
2) What order?
6. The findings of this court on the above points are as under:-
Point No.1 : In the affirmative Point No.2 : As per final order, for the following:
-: REASONS :-
7. Point NO.1:- As per the case of the plaintiff, plaintiff is an association incorporated under the Karnataka Apartment Owners Act, 1972 and the defendants are the owners of Flat No.16-04 in Block A-7 situated in the residential complex of the plaintiff. As per the Bylaws of the association the residents who have occupied the Flat is required to pay maintenance charges to meet the expenses of management, agency, security housekeeping personal, annual maintenance contracts, diesel to the generator, expenses of sewage treatment plant, fire protection, swimming pool, clubhouse, amenities, including Gymnasium equipments, lifts, garbage collection, disposal, organic waste converter and common area lighting etc., The defendant being a owner of the occupant has failed to 5 OS No.422/2020 pay the maintenance amount and become a chronic defaulter. Therefore, the plaintiff has issued a notice demanding to pay the amount of Rs.4,57,290.92/- but the defendants have not responded and therefore filed this suit for recovery along with interest at the rate of 18%.
8. In support of the case of the plaintiff association in addition to the oral evidence of P.W.1 who is the Secretary of plaintiff association, he has produced the Bye- laws and owners manual of the association at Ex.P.3 which obligates the occupants of the apartments to pay the maintenance charges. In addition to that the plaintiff association has also produced the statement of accounts asper Ex.P.2. It reflects the balance as claimed by the plaintiff. The plaintiff association has also sent notice to the defendants as per Ex.P.5, still the defendants have not paid the amount. The entire evidence of the P.W.1 remains uncontroverted. Therefore, there are no reasons to distrust the evidence of P.W.1 and the documents produced by him. Having regard to these aspects in the opinion of the court, the plaintiff has proved that the defendants are in due of Rs.4,57,290.92/-
6 OS No.422/2020
9. The plaintiff has claimed interest at the rate of 18%. But having regard to the nature of the due amount it would be appropriate to direct the defendants to pay interest at the rate of 10% p.a from the date of suit until the realization. On these observations, the above point is answered partly in the affirmative and the following order is passed:-
ORDER Suit is decreed in part with costs. The defendants are directed to pay a sum of Rs.4,57,290.92/-to the plaintiff association along with interest @ 10% per annum from the date of suit until its realisation.
Draw decree accordingly.
(Dictated to the Stenographer Grade-III through Dictaphone recorded by me, transcribed by her on Computer, carried out corrections, print out taken and then pronounced in the Open Court on this the 22nd day of June, 2024) (Vijaya Kumar Rai) X Addl. City Civil & Sessions Judge, Bengaluru.7 OS No.422/2020
ANNEXURE List of witnesses examined for the plaintiff:
P.W.1 : B.R. Venkatanarayana Dixit List of documents exhibited for plaintiff:
Ex.P.1 : Authority letter Ex.P.2 : Account statement with regard to maintenance Ex.P.3 : Aadhar card Ex.P.4 : Owners' manual Ex.P.5 : Legal notice dated 08.08.2019 Ex.P.5(a): Postal receipt
List of witnesses examined and documents exhibited for defendants:
NIL (Vijaya Kumar Rai) X Addl. City Civil & Sessions Judge, Bengaluru.