STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/662/2022 OMAXE HEIGHTS RESIDENT WELFARE ASSOCIATION PRESENT ADDRESS - SECTOR 86, OMAXE HEIGHTS FARIDABAD ,HARYANA.

.......Appellant(s)

Versus VISHAL JINDAL AND OTHERS PRESENT ADDRESS - FLAT NO. 1202/2, MANTOVA OMAXE HEIGHTS SECTOR 86, ,HARYANA.

DR. B.K. SINGH S/O SH. KEDAR SINGH PRESENT ADDRESS - FLAT NO. 1201/MANTOVA, OMAXE HEIGHTS, SECTOR 86, ,HARYANA.

SHEKHAR BUDHANI PRESENT ADDRESS - FLAT NO. 1202 A/MANTOVA, OMAXE HEIGHTS, SECTOR 86 ,HARYANA.

PARUL SETHI PRESENT ADDRESS - FLAT NO. 1201/A MANTOVA OMAXE HEIGHTS SECTOR 86, ,HARYANA.

LEELA WATI SUMAN W/O SH. SUBHASH SUMAN PRESENT ADDRESS - FLAT NO. 1201A SIENA OMAXE HEIGHTS SECTOR 86, ,HARYANA.

.......Respondent(s)

BEFORE:

MR. NARESH KATYAL , PRESIDING MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT:

MR. DENSON JOSEPH, COUNSEL FOR APPELLANT.

FOR THE RESPONDENT:

MR. ANJANEYA MISHRA, PROXY COUNSEL FOR MR. HIMANSHU JOSHI, COUNSEL FOR RESPONDENTS DATED: 10/06/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 15.11.2022 Date of final hearing: 02.05.2025 Date of pronouncement: 10.06.2025 First Appeal No.662 of 2022 IN THE MATTER OF:-

Omaxe Heights (Faridabad) Resident Welfare Association, Sector-86, Omaxe Heights, Faridabad-121002, Email: omaxeheights@ohrwa.in, Phone No.:

9810091389 (through its General Secretary).

.....Appellant Versus

1. Sh. Vishal Jindal, Flat No. 1202/Mantova, Omaxe Heights, Sector-86, Faridabad-121002.

2. (i) Dr. B.K. Singh S/o Kedar Singh (ii) Babita Singh W/o Dr. B.K. Singh, both residents of Flat No. 1201/Mantova, Omaxe Heights, Sector-86, Faridabad-121002.

3. Sh. Shekhar Budhani, Flat No. 1202A/Mantova, Omaxe Heights, Sector-86, Faridabad-121002.

4. Mrs. Parul Sethi, Flat No. 1201A/Mantova, Omaxe Heights, Sector-86, Faridabad-121002.

5. Mrs. Leela Wati Suman W/o Sh. Subhash Suman, Flat No. 1201A/Siena, Omaxe Heights, Sector-86, Faridabad-121002.

…..Respondents CORAM: Sh. Naresh Katyal, Judicial Member.

Sh. S.C. Kaushik, Member Argued by:- Mr. Denson Joseph, counsel for appellant.

Mr. Anjaneya Mishra, proxy counsel for Mr. Himanshu Joshi, counsel for respondents.

ORDER

NARESH KATYAL, JUDICIAL MEMBER Challenge in this Appeal No.662 of 2022 has been invited by OP No.1 against order dated 11.10.2022 passed by learned District Consumer Disputes Redressal Commission-Faridabad (In short “District Consumer Commission”) in complaint case No.289 of 2021, vide which complainants’ complaint has been allowed with direction to appellant, inter-alia, not to charge CAM charges (Common Area Maintenance Charges) from complainants, more than 4 BHK unit as mentioned in letter dated 28.03.2016 of the builder. Appellant has been directed to charge same charges, which they are charging from 4BHK unit members, from complainants.

2. Factual matrix: Amongst 40 towers of Omaxe Heights, Sector-86, Faridabad; two towers namely: Mantova and Siena have duplex units. It is worth mentioning that 4 BHK units of Omaxe Heights have area measuring 2350 sq. ft. whereas Duplex (Penthouse) has an area measuring 4700 sq. ft. Complainants are residents of “Mantova” tower and “Siena” Towers. The two towers namely “Mantova” tower and “Siena” consist of 15 floors. Number of Duplex units are 16 in both towers. Initially, top four floors were also 4 BHK flats; however, same were later on converted into Duplex after making mechanical changes. At the time of handing over of possession of subject property, it was unequivocally confirmed and assured by Management to some of members of Duplex residents that CAM (Common Area Maintenance Charges) and other incidental charges would always be charged on 4 BHK basis only (i.e. on the area of approx. 2400 sq. ft.). As per plea; Management in this regard, had also issued letters to some of Duplex owners separately. However, in that case ground of parity would prevail and for that purpose all the Duplex residents would be entitled to seek benefit of same. As p