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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. B.C. Gupta, Presiding Member
Bharadwaja Complex Welfare Association
& Anr. —Petitioners
versus
B. Vijay Bhaskar —Respondent
Revision Petition No.2514 of 2014
(Against the Order dated 01/05/2014 in Appeal No. 674/2013 of the State Commission Andhra Pradesh)
Decided on 29.8.2016
For the Petitioners:Mr. M.S. Vishnu Sankar, Advocate for Mr. David Rao, Ms. Athira G. Nair, Advocates
For the Respondent:Mrs. S. Nanda, Mr. R.P. Singh, Advocates
IMPORTANT POINT
There is duty cast upon OP Association to raise funds from members and then provide facilities as stated in bye-laws.
Headnote:Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Cooperatives—Alleged suffering and harassment at hands of Association—District Forum directed to remove water regulator device attached to pipeline supplying water—In addition, OP Association was directed to pay sum of Rs.3 Lakhs as compensation for mental agony and Rs.5,000/- as litigation cost—There is duty cast upon OP Association to raise funds from members and then provide facilities as stated in bye-laws—Complainant, being a beneficiary of these services, falls under definition of ‘consumer’—Had complainant paid usual charges to Association, whole issue might not have arisen—OP Association shall be liable to pay sum of Rs.50,000/- to complainant for alleged mental harassment and agony caused to his family—Orders passed by Consumer Fora below modified to the extent that compensation of Rs.3 Lakhs shall stand reduced to Rs.50,000/-. (Paras 9 to 11)
Result: Revision Petition dismissed.
Dr. B.C. Gupta, Presiding Member—This revision petition has been filed u/s 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 1.05.2014, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in FA No. 674/2013 in “Bhardwaja Complex Welfare Association & Anr. Vs. Sri B. Vijay Bhaskar,” vide which, while dismissing appeal, the order passed by the District Forum Ranga Reddy in consumer complaint No. 184 of 2011, allowing the said complaint, was upheld.
2. Briefly stated, the facts of the case are that the present respondent/complainant B. Vijay Bhaskar is owner of flat No. 120, Bharadwaja Complex, Gaddiannaram, Dilsukhnagar, Hyderabad. The OP/Petitioner is the Bharadwaja Complex Welfare Association, represented by its General Secretary and Manager. There are total number of 105 members of the said Association. It has been stated in the consumer complaint that on 01.10.2009, the OP demanded a sum of Rs.4,000/- from the complainant for carrying out the colouring of the exterior of the apartment complex. Since the complainant did not pay the said amount, the electric supply to the complainants flat was allegedly cut-off partially on 04.10.2009. Further, on 31.10.09, the Association announced the cut-off of total electricity of the complainant’s apartment on a black-board located near the entrance of it, although at that time, his wife, 3-year old daughter and 70-years old mother were present in the flat. The complainant’s wife made a written complaint to the local police on 1.11.2009, alleging suffering and harassment at the hands of the Association. The said electricity was restored after a period of one month. Subsequently, the Association installed a water regulator device on the pipe leading to water-supply in the complainant’s bath room. It is further alleged that since January 2010, the letters addressed to the complainant’s house were also intercepted by the watchman on the instructions of the manager of the Society. The Association again demanded a sum of Rs.4,000/- from the complainant on 04.01.2010. The complainant borrowed monies from his relative and paid a sum of Rs.4,000/- to the OPs. It is stated in the complaint that on account of mental harassment, humiliation and agony caused by the OPs, the complainant’s wife was forced to consume poison, whereupon she had to be admitted to the hospital for treatment and had to remain in the intensive care unit for some time. The complainant had to incur a huge expenditure on her treatment. The complainant also alleged that there had been damage to their bath room due to action of the OP Association to install regulator on the water pipe. The consumer complaint in question was filed, seeking directions to the OPs as follows:-
“(a) To rectify the leakages in the complainant’s flat No. 120,
(b) To pay a sum of Rs.1,25,000/- alongwith interest 24% for p.a. from 18/03/2010 towards Hospital Expenditure caused by the Opp. Party.
(c) To reimburse Rs.4,000/- towards collecting painting charges with interest 24% p.a. from till the date of realisation.
(d) To pay an amount of Rs.2,00,000/- towards damages and for mental agony sustained by the Complainant and his family specifically his wife,
(e) To award costs of Rs.50,000/- for this Complaint,”
3. The complaint was resisted by the OP Association by filing a written statement before the District Forum, in which they stated that payment of Rs.4,000/- for colouring/painting of the exterior of the building and repair of civil works was being made by all the flat owners without any dispute. The action of the complainant in refusing to make the payment was, therefore, not justified. On the other hand, the complainant instituted criminal action against the OPs which was pending before the Metropolitan Magistrate. The complainant even filed a writ petition against the OPs, seeking directions to the Police authorities to register complaint aga
