IMPORTANT POINT
Co-operative Society - Cooperative Society is not entitled to file a complaint under Section 12(1)(c) of the Consumer Protection Act unless the cooperative society itself is a Consumer.

ORDER

The Complainant is a registered Co-operative Housing Society, bearing Registration No.MUM/WR/HSG/TC/14327/2008-09. The Opposite Party is the Promoter/Developer of the land bearing C.T.S.No.1456, Survey No.327, Hissa No.6 and C.T.S. No.1455A, Survey No.327, Hissa No.7.

2. The case of the Complainant is that its members had purchased flats with stilt parking places from the Opposite Party in 2006-2007 by executing individual flat purchase agreements and separate agreements for stilt parking places. As per agreement, Opposite Party was to handover possession by 30.12.2007, which they failed to do. The Opposite Party, vide letter dated 04.01.2008, informed the flat purchasers that the construction of Bhagirath building was complete but due to cumbersome process adopted by Brihan Mumbai Mahanagarpalika, the Occupancy Certificate could not be obtained. The Opposite Party, vide letter dated 04.04.2008, intimated the purchasers that completion certificate of the building had been received by the Opposite Party on 11.03.2008 and the water connection was obtained on 27.03.2008 but due to dispute between Reliance Energy and Tata Power Company, electricity supply could not be provided. Possession of the flats was, however, handed over to the members of the Complainant Society only on 01.06.2008, after a delay of about 5 months.

3. The Complainant found that the Opposite Party had not applied for Occupancy Certificate till due date of possession and finally obtained the same on 11.03.2008. They also came to know that the Opposite Party applied for electricity connection in December, 2007, whereas Reliance Energy required at least 6 months to supply electricity. The Opposite Party forced and coerced the flat purchasers to pay additional amounts over and above the amounts agreed in the agreement and further compelled to sign unjust undertakings. The amounts collected by the Opposite Party included Corpus Fund, advance maintenance from 01.06.2008 to 31.05.2009, interest for late payment @ 26% p.a. and Interest Free Service Tax. The flat purchasers had to sign the undertakings and pay the amounts demanded by the Opposite Party under duress and coercion in order to receive possession of the flats. An amount of Rs.25,000/- collected by the Opposite Party as per Clause 6 of the agreement was retained by them and later adjusted the said amount against frivolous expenditures without consent of the Complainant.

4. The Complainant also noticed following defects in the flats:—

• Leakages, seepages, especially in wet area provided in many flats.

• Overhead tank is improperly designed, resulting in frequent overflows.

• Concealed pipes, sink drain pipes, bathroom drain pipes involve frequent flooding and leakages.

The defects were brought to the notice of Opposite Party, but in vain. Despite repeated requests, the Opposite Party had not handed over complete charge of the property to the Managing Committee of the Complainant Society. They also failed to execute conveyance deed in favor of the Complainant Society. Alleging deficiency in service on the part of the Opposite Party, the Complainant Society approached this Commission with following prayer:—

“(a) To allow the above numbered Complaint.

(b) To hold and declare that Opposite Party to be guilty of deficiency in service and unfair trade practice under the provisions of Consumer Protection Act, 1986.

(c) To direct Opposite Party to complete its title and execute conveyance deed in favor of the Complainant Society, in respect of the land bearing C.T.S. No. 1456, Survey No.327. Hissa No. 6 & C.T.S. No. 1455A, Survey No.327, Hissa No. 7 along with the Complainant Society building, open space, appurtenant land, etc. within a time bound schedule as may be decided by this Hon’ble Commission.

(d) To direct Opposite Party to pay to the respective flat purchasers through the Complainant Society interest @ 26% p.a. on the amounts paid by them towards their respective flats/stilt parking place