becomes
legally entitled and authorised recipient and custodian of the common facilities giving
it independent standing as consumer. Further, it is contended that possession ... hence require dismantling.
2. common open area:
I. Car Parking allotted in common area without any legal approval, hardly any
common open area is left
notice the deficiency in service, construction defects and non
provision of common facilities in the township etc. The Residents represented to the Vice Chairman ... facilities to
come up over which they have no control.
Moreover in the brochure the statement is about the facilities being
provided and several facilities
held that the cooperative societies who have
entitlement for conveyance of common facilities and obligation of maintenance of such
facilities under the provisions ... deficiency in
its own right as a beneficiary qua such common facilities and conveyance and related
services. On facts, it is urged that
depicting the shortcomings and irregularities in the entire project,
especially in common facilities;
l) to pay compensation of ₹5,00,000/- on account of deficiency ... shortcomings
and irregularities in the entire project, especially in the
common facilities; and
l) any other relief, as deemed fit in the interest of justice
making emergency repairs therein ------."
15. Thus so far as common areas and common facilities are
concerned, it is the association of apartment owners ... absence of any such declaration, it
is difficult to hold that common facilities or common areas, as declared
by the owners, have not been provided
till date power
backup facility has not been started even for common
facilities like Lifts/Street lights/corridor lights etc due to which
the complainants ... restrictions/charges imposed by the respondents
company for use of common areas and common facilities
are in gross violation of agreement.
(xxii) It was also
name & style of
"Genesis Apartments" with Common Facilities & Amenities viz.
Swimming Pool, Club House, comprising of Ground & 3 upper Floors ... required
tomaintain the "Genesis Apartment" Complex's common facilities &
amenities atleast till the end of April 2015 andOP called upon
common areas of Siddhi Vinayak Apartment. The complainants has alleged that on several occasions they requested the OPs for providing the common facilities and amenities ... Land, complainant is not entitled to any reliefs relating to common areas and common facilities etc without initiating any 'class action'.
In that
delivered, after completion of
all the infrastructural work including provision of common facilities and after
obtaining the completion & occupation certificates from the competent Authorities ... convincing evidence to controvert the contention of
the complainants that many common facilities were incomplete and construction
activity being on, the place was not livable
obligation on the opposite party to upkeep and maintain the common areas and common facilities until a society or association or other body capable ... share of charges for the upkeep and maintenance of common areas and common facilities and agreed to entrust the construction company with the amounts required
