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2025 Supreme(Online)(SCDRC) 10040
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
T.P.S. MANN, PRESIDENT, S.P. SOOD, JUDICIAL MEMBER, MANJULA, MEMBER
BHAVNA YADAV – Appellant
Versus
CLAIREHEIGHTS ESTATE SERVICES PRIVATE LIMITED – Respondent
FIRST APPEAL NO. SC/6/A/844/2023
For the Appellant: BHAVNA YADAV, VARUN MALHOTRA
For the Respondents: SHRI PANKAJ MOHAN KANSAL
Complainants must provide sufficient evidence to establish negligence in service delivery; mere allegations do not suffice.
Headnote:(A) Consumer Protection Act, 2019 - Section 41 - Appeal against dismissal of complaint - Complainant purchased flat with maintenance agreement - Allegations of negligence on part of service providers regarding security and maintenance services - Deficiency in service claimed due to damages and theft within society premises. (Paras 3, 4, 8, 11)
(B) Burden of Proof - Complainant failed to establish that the damages occurred within the society - Evidence showed possible interference by animals rather than negligence of service providers. (Paras 10, 11)
Facts of the case:
Appellant purchased flat with maintenance for services including security and has faced multiple complaints regarding service deficiencies leading to damages. Opposite parties claim compliance with obligations stated in the agreement.
Findings of Court:
The commission found no grounds to overturn the dismissal of the complaint, affirming that there was no evidenced negligence on the part of the service providers.
Issues: Whether the actions of the opposite party amounted to deficiency in service and whether the damages were due to negligence of the respondents.
Ratio Decidendi: The commission concluded that the appellant failed to substantiate the claims against the respondents per legal obligations in the maintenance agreement, thus dismissing the appeal.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. facts of the case regarding purchase and complaints. (Para 2 , 3 , 4) |
| 2. arguments surrounding the maintenance obligations. (Para 5 , 8 , 9) |
| 3. court's evaluation of evidence and dismissal rationale. (Para 10 , 11) |
| 4. final ruling and orders. (Para 12 , 13) |
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 common area, and equipment pertaining to provision of common services and facilities, including diesel and lubricants for DG sets. Payment of annual fees to the various authorities. Replacement/refurbishing/rejuvenation of supplies, material, equipment as may be considered necessary from time to time. Preservation and maintenance of property was also included in the agreement. From 2017 to till now, the client raised multiple complaints to JLL & Claire Heights Estate Services to fix basement sewerage water logging issue but no action has been taken till now. The basement was getting full with sewerage
