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2025 Supreme(Online)(SCDRC) 2865

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BHAVNA YADAV – Appellant
Versus
CLAIREHEIGHTS ESTATE SERVICES PRIVATE LIMITED – Respondent
SC/6/A/844/2023



STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/844/2023 BHAVNA YADAV PRESENT ADDRESS - FLAT NO - 001, TOWER- B 10, RPS SAVANA, SECTOR 88 ,HARYANA.

.......Appellant(s)

Versus CLAIREHEIGHTS ESTATE SERVICES PRIVATE LIMITED PRESENT ADDRESS - RPS SAVANA, RPS CITY, SECTOR 88 , STATE OFFICE ,HARYANA.

CLAIREHEIGHTS ESTATE SERVICES PRIVATE LIMITED PRESENT ADDRESS - 24/12A, SF, BLOCK - 24, DOUBLE STORY, MOTI NAGAR ,HARYANA.

JLL PRESENT ADDRESS - LEVEL 16, TOWER C, EPITOME, BUILDING NO 5, DLF CYBER CITY, PHASE 3 ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

APPELLANT-BHAVNA YADAV IN PERSON WITH HER HUSBAND VARUN MALHOTRA.

FOR THE RESPONDENT:

SHRI PANKAJ MOHAN KANSAL, COUNSEL FOR THE RESPONDENT NOS.1 AND 2.

SERVICE OF RESPONDENT NO.3 ALREADY DISPENSED WITH DATED: 17/03/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.844 of 2023 Date of Institution:08.06.2023 Reserved for Orders:-17.03.2025 Date of Pronouncement:25.04.2025 Bhavna Yadav Power of Attorney Holder RPS Savana Sector 88 Tower B-10 Flat No-001 Faridabad 121002. …..Complainant-Appellant Versus

1. M/s ClaireHeights Estate Services Private Limited RPS Savana, RPS City Sector-88, Faridabad Haryana 121002.

2. M/s ClaireHeights Estate Services Private Limited, 24/12A, SF, Block-24, Double Story, Moti Nagar, Delhi. Pin Code 110015.

3. JLL, Level 16, Tower C, Epitome, Building No.5, DLF Cyber City Phase 3 Gurgaon, Pin Code:-122002.

..…Opposite Parties-Respondents CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- Appellant-Bhavna Yadav in person with her husband Varun Malhotra.

Shri Pankaj Mohan Kansal, counsel for the respondent Nos.1 and 2.

Service of respondent No.3 already dispensed with.

O R D E R

T.P.S. MANN J.

Appellant-complainant Bhavna Yadav, alongwith her husband Varun Malhotrahas filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 18.04.2023 passed by learned District Consumer Disputes Redressal Commission, Faridabadwhereby complaint filed by complainant-appellantwas dismissed.

2. Brief facts of the case are that the Opposite Party (OP) No.1 was a company registered under the Indian Companies Act, 2013 and was carrying on the business of real estate, renting, Maintenance and Services under the banner of Claire Heights Estate Services Private Limited” in India since the year 2013. OP No.2 was the real estate services and maintenance company appointed by OP No.1 having registered office at JLL, Level 16, Tower C , Epitome Building No.5 DLF Cyber City Phase 3 Gurgaon 122002 and carries on the business of real estate services, maintenance and services.

3. In June, 2017, the complainant purchased RPS Savana Tower B-10, Flat No.001, which includes car parking (basement parking H-22), club membership, security and maintenance etc. She made advance payments for maintenance charges of Rs.5374/- every month since July 2017 till date. The maintenance agreement, covers:- Open Area Facilities and maintenance, common areas facility & maintenance, provision of security services provided for savana colony complex (covers Gate Security, Tower Security, parking security open, stilt and basement, club house security and market security etc.), service contracts, operation and maintenance of all electric-mechanical equipment and/or any other equipment installed for rendering maintenance services, including generators, telephone/intercom lines, equipment, etc. Distribution and/or wherever required generation of electricity for all maintenance services including external common areas and twenty four hour backup. Supply of water, maintenance of landscaping and open areas. Maintenance of designated common car parking areas. Supply of administrative staff and maintenance staff for savana colony complex. Supply for consumables for all services in commo

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