NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member
Sunrise Park Owners
Welfare Association – Appellant
versus
M/s. Sunrise Builders &
Developers and Anr. – Respondents
First Appeal No.188 of 2013
(Against the Order dated 21/01/2013 in Complaint No.97/2011 of the State Commission Andhra Pradesh)
Decided on 16.2.2022
Consumer Protection Act, 1986 – S.21 [Consumer Protection Act, 2019 – S.58] – A.P. Apartments (Promotion of Construction and Ownership) Rules, 1987 – Rule-15 – A.P. Fire Service Act, 1999 – S.13 – Services – Real Estate – Appeal has been filed against order of State Commission whereby Compliant was dismissed – In the appeal deficiency in respect of (i) non-installation of fire safety equipment, (ii) tiles flooring of car parking area (iii) rain water harvesting system, (iv) separate static water storage tank and (v) certificate of architect for wiring, have been pressed – Whether deficiency of Service can be fastened upon Builder for various amenities which were neither compulsory under the law nor commitment at the time of agreement – In the Brochure, there was no commitment for installation of fire safety equipment. Thus, there was neither statutory compulsion nor commitment as such it cannot be counted as deficiency in service – Further, the complainant was demanding for tiles flooring of parking space. It is not mentioned in the Brochure that there would be tiles flooring of the parking space – Thus, The competent authority has already issued “Occupation Certificate”, which is a prima-facie proof that construction was found as per specification and certified to be as such by the Civil Engineer – Also, as maintenance of the building, is concerned, the builder is not liable for maintenance after handing over possession to the buyer – Therefore, the buyers have not made any complaint that the builder has not completed the building in all respect at the time of taking possession. The complaint has been filed for various amenities which were neither compulsory under the law nor commitment at the time of agreement – Appeal dismissed. [Paras 7 to 9].
Result: Appeal dismissed.
ORDER
Heard Mrs. K. Radha, Advocate, for the appellant, and Mr. Suyodhan Byrapaneni, Advocate, for the respondents.
2. Aforementioned appeal has been filed from the order of State Consumer Disputes Redressal Commission Andhra Pradesh, Hyderabad, dated 21.01.2013, passed in Consumer Complaint No. 97 of 2011, dismissing the complaint.
3. Sunrise Park Owners Welfare Association (the appellant) filed C.C. No. 97 of 2011 for directing the opposite parties, (hereinafter referred to as the builder) (i) to reimburse Rs.1313546/-, incurred for carrying out the pending works, (ii) to provide fire safety equipment to Sunrise Park Apartment, (iii) to provide solar fencing and rainwater harvesting pits, (iv) to provide lightening arrestor/ conductor, (v) to provide proper electrical cabling and safety earthing for each flat, (vi) to provide alternative bore-well with 6.5” diameter, (vii) to provide automatic sprinklers in the parking area, (viii) to construct jogging track, (ix) to construct rainwater drainage lines in the cellar and plastering of the duct, (x) to arrest water seepages & leakages of water in all the flats and common area, (xi) to rectify the wall cracks developed in all the flats, (xii) to carry out terrace water proofing works, (xiii) to fix sheets to the railing for the safety of the kids, (xiv) to apply final coat of painting in the corridors, (xv) to clean and polish the corridors (xvi) to put Name Boards for the apartments, (xvii) to replace the existing defective lift, (xviii) to change cellar parking tiles, (xix) to provide office room and visitor car parking (xx) to segregate various cable like power, TV, telephone and replacement of TV & telephone cable to Sunrise Apartment (xxi) to replace flush doors of flat No.403, with B.T. wood, Or in alternative to pay Rs.8100000/- towards prayer Nos.-2 to 21, (xxii) to furnish GHMC approved plans, design of water, drainage and electrical lines, link documents, warrantee/guarantee cards of the equipment & instalments, (xxiii) to demark the car parking areas as GHMC approved plan, (xxiv) to pay compensation of Rs.200000/-, (xxv) to pay cost of Rs.25000/- and (xxvi) any other relief which is deemed fit and proper, in the circumstances of the case.
4. The facts, as stated in the complaint and emerged from the documents attached with it, are that Sunrise Park Owners Welfare Association (the appellant) is a residents association of flat buyers in “Sun Rise Park” and was registered on 02.12.2010, under the provisions of Andhra Pradesh Society Registration Act, 2001. M/s. Sunrise Builders & Developers (respondent-1) (hereinafter referred to as the builder) was a partnership firm, constituted on 15.06.2006, of 7 partners, who were landowners of the land on which “Sun Rise Park” was constructed. P. Srinivas was its Managing Partner and Manish Kanchal was Working Partner of the builder. The builder launched a group housing project of total 40 flats, in the name of “Sun Rise Park”, each flat consists of 3 bed rooms, at Bunglow No.23/A, Czech colony, Sanathnagar, Hyderabad, in the year 2008. The members of the complainant were allured with colourful brochure and the representations of the builder. The members of complainant booked flats in 2008 and they were given possession of their flats from July, 2010 to May, 2011. After taking possession, they noticed that the work of several common facilities were incomplete. On several occasions, the buyers individually and jointly made requests to the builder for completing those works but of no effect. On 16.08.2010, the buyers gave representation for providing municipal water connection, to install 80 KVA DG set, to replace bore-well and sump motors, not to permit any flat to be used for commercial purpose, to provide office space for the association, to replace the lift with six passenger capacity lift, cable trunking between DB in the flat up to Meters JB as per norms, to provide intercom facility, air conditioned gym, jogging track etc. The
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