V. Muthukrishnan - Appellant
Versus
K. Ponnuswamy - Respondent
Decided On : 09/01/1994
O. P. No. 146/92, 201/92 and 264 and 278 of 1992
Advocates Appeared :
Veera Raghavan,K. Doraisamy, N. Chinnu, R. Jayaseelan Pasubatheeswaran. A. Chellakumar. R.P. Kabilan
Held: The non-availability of car parking space is a matter which is patent and apparent and could have been discovered or found out even at the time of the occupation of the flats. There is no need to look into the lay-out plans to find out whether there is on ground sufficient, space for parking 26 cars. Limitation must therefore run from the date of the occupation of the flats in May 1987 when the non-availability of sufficient parking space could have been discovered. Exh. A1 brochure on which much reliance is placed by the complainant clearly says that the sanctioned plan and title deeds arc available for inspection. The complainants if necessary could have perused the sanctioned plans at or immediately after taking possession of the flats and it is not the case of the complainants anywhere that the opposite parties failed to produce the plans for perusal. At any rate they could have applied to the Corporation of Madras and got the copies of the plans immediately but nothing has been done till 1991 to secure the plans. It is nobodys case that the complainants were fraudulently prevented from obtaining the copies of the plans. Hence as per Sec. 17 of the Limitation Act the fraud relating to the failure to provide sufficient car parking space must have been discovered or with reasonable diligence could have been discovered at the time of the occupation of the flats or soon after. The claims are made more than years later and they are stale. The bar of limitation cannot be pleaded even in respect of the car parking space. As already pointed out all the other deficiencies are patent and the claims must have been preferred within 3 years from the dale of the occupation of the flats in May 1997. The present claims filed in 1991 arc hopelessly barred. (Para 17)
(ii) Consumer Protection Act, 1986 - Section 2(1)(d)(ii) - Consumer - Complaints filed by allottees of flats - Complainants have not paid any consideration to Corporation for rendering any of services alleged as deficient Claimants are not consumers as regards Corporation, (para 19)
Result: Complaints dismissed accordingly
S.A, Kader, President - These complaints arc filed under Section 17 read with Section 12 of the Consumer Protection Act of 1986 hereinafter referred to as the Act. Items 1 to 16 above are complaints filed by individual allottees of the flats while item No. 17 is filed by the Association of flat owners knows as Ragamalika Apartment Association. The opposite parties are referred to as arraigned in the individual complaints. In fact in the complaint filed by the Association in O.P. 201/92(item No. 17 above) tile builders who arc the opposite partied 1 & 2 in tile other O.Ps. are not impleaded as parties, but the complaint is a replica of the other complaints and the relief’s are claimed against all the complainants including the builders, who are referred to as the opposite parties 1 & 2 in the said O.P. also.
2. The opposite parties 1 and 2 are the builders of the multi-storeyed building complex at Jeevarathinam Nagar, Adyar, Madras known as Ragamalika apartments. This complex consists of three blocks namely A, Band C adjacent to each other. There is a total of 109 apartments in these 3 blocks and they have been allotted to 109 persons, of whom I G allottees have filed O.P.146/ and O.Ps. 264/92 to 278/92. Of those 16 allottees 5 relate to block ‘A’. 3 relate to block' B' and 8 relate to block ‘C’ As already pointed out the association of the allottees is the complainant in O. P. 201/n. The avennents in all these complaints including the complaint in O.P. 201/92 arc identical and various acts of deficiencies arc alleged against the opposite parties.
3. The allegations against the builders opposite parties 1 & 2 are failure to provide sufficient parking space For the apartment owners for their cars, failure to install common antenna for each of the three blocks, failure to install generator and generator room in each block, transformer room in each block, a separate overhead tank for block ‘C’ separate metro-water supply to block ‘C’ separate sewerage connection to block ‘C’ Failure to provide lifts with solid doors, failure to procure and provide electric lighting to the 30 ft. road in front of the three blocks, leaving concrete pillars at a height of 3 f1. on the terrace of Block ‘C’ construction of the basement just about two inches above the ground level instead of 2 ft. above the ground level, the laying of the water lines on the terrace of block ‘C’ in criss-cross manner, inadequacy of 4 bore-wells to supply water, failure to give mosaic finish to the steps, failure to give a second coat of painting to outer walls of the block ‘C’ and failure to put up fire resistance tanks on the terrace and Failure to provide fire lift.
4. The third opposite party is the Corporation of Madras and the allegation there against is the failure to provide water connection, and drainage services, Failure to provide the road work including the earth work metalling of the 30 f1. road in the layout, failure to provide street light to the said 30 ft. road and failure to close the road on the western end and laying of swears, provision of culverts and construction of storm water drain.
5. The allegation against the 4th opposite party which is the Madras Metropolitan Development Authority is irregularity in issuing of a planning permit dated 9/4/87 to the builders with provision for parking space on the 30 ft. road and a claim to close the road on the western end.
6. The 6th opposite party is the Madras Metropolitan Water Supply and Sewerage Board and the allegation is that it has failed to provide and arrange water supply directly and sewerage connection to the three blocks.
7. The 6th opposite party is the State of Tamilnadu and the allegation is that it has acted negligently in granting building exemption to the builders.
8. The first opposite party has filed a detailed counter which has been adopted by the second opposite party. While strongly refuting all the allegations and deficiencies levelled against them it is contended by the opposite parties
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