BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.30 OF 2018 Between:

M/s. Habitat Elite Apartments Residential, Flat Owners Welfare Association, Rep. by its Secretary, Mr. Mahender Baid, Aged about: 55 years, Occ: Business, R/o. Flat No.208, 6-6-33 A, B, C, Habitat Elite Apartment, Kavadiguda, Secunderabad 500080.

… Complainant And

1. M/s. New Habitat Infracon (India) Pvt. Ltd., Rep. by its Director Pavan Kothari, 15-01-503/B12/1, 1^st Floor, Ashok Market, Old Feelkhana, Hyderabad – 500012.

2. Sri Pavan Kothari, S/o. Parassmal Kothari, Aged about: 41 years, Occ: Director of Opposite Party No.1, R/o. H.No.3-5-106/2, Himayathnagar, Hyderabad – 500029.

3. Sri G. Venkatesh Reddy, S/o. G. Saya Reddy, Aged about: 36 years, Occ: Director of Opposite Party No.1, R/o. Flat No.301, Omsai Enclave, Street NO.8, Habsiguda, Hyderabad – 500007.

4. Sri Subhash Chand Lonawat, S/o. Shankarlal, Aged about: 55 years, Occ: Director of Opposite Party No.1, H.No.1-11-121, Station Road, Kama Reddy, Nizamabad.

5. Sri J. RajasekharRao, S/o. J. LaxmaRao, Aged about: 32 years, Occ: Director of Opposite Party No.1, Flat No.401, Dream Home Residence, Hanuman Nagar, Chaitanyapuri, Dilsukhnagar, Hyderabad.

6. Sri R. Harish, S/o. Rangachar, Aged about: 33 years, Occ: Director of Opposite Party No.1, H.No.11-15-55/1, Plot No.57, Road No.2, Doctors Colony, L.B. Nagar, Hyderabad – 500035.

…Opposite parties Counsel for the Complainant : M/s. Ramu & Associates Counsel for the Opp. Party No.1 & 2 : M/s. Bisawa & Associates Counsel for the Opposite Party No.3 : Deemed Served Counsel for the Opp. Party No.4 to 6 : Notice Served QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL).

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL).

WEDNESDAY, THE TWENTY THRID DAY OF APRIL, TWO THOUSAND TWENTY FIVE ORDER:(PERHON’BLE SMT. R.S. RAJESHREE, MEMBER, NON-

JUDICIAL)

1. This is a complaint filed by the Complainants U/s. 17(1)(a)(i) of Consumer Protection Act,1986 on 22.01.2018 against the Opposite Parties to direct him as follows:-

(i) To complete all the pending works. In alternate direct the Opposite Party to pay Rs.57,51,000/- for complete of all pending works. (ii) To pay a sum of Rs.40,00,000/- (@Rs.50,000/- per flat) to the members of the Complainant Association towards mental agony and harassment. (iii) To obtain NOC and occupancy certificate from the competent authority in accordance with the terms and conditions of approved construction plan. (iv) Costs of the complaint. (v) And pass such other order or orders as this Hon’ble Forum deems fit and proper in the circumstances of the case.

2. Brief facts of the case:- The Complainant, association submits that there are 80 flats in the residential complex “Habitat Elite Apartment” and the owners have formed an association for the welfare of the flat owners and to address all the issues concerning the residential complex collectively and resolved in a meeting held on 05.11.2017 that it should be represented by its secretary, who has been authorised to file the present complaint. The case of the Complainant association is that the Opposite Party No.1 had undertaken to construct a residential apartment at premises bearing number 6-6-221/1, 222/1, 224/33/A, 6-6- 221/1, 222/1, 224/33/B and 6-6-221/1, 222/1, 224/33/C in Sy. No.221/1, 222/1 and 224/1 situated at Kavadiguda, Secunderabad. survey number 221 situated at Kavadiguda, secunderabad. That the members of the association being attracted by the advertisements, representations, and assurances & promises made by the Opposite Parties agreed to purchase the flats in the said venture; that the Opposite Parties had promised to provide superior quality apartment complex, timely completion of the project with all amenities such as safety measures, EPABX, power backup etc. and issued a brochure. Being attracted by the promises and assurances made by the Opposite Party the members have purchased the flats. The Opposite Parties have registered th