STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Consumer Complaint No.56 of 2021 Date of Institution : 22.11.2021 Date of Reserve : 04.04.2024 Date of Decision : 30.04.2024 Resident Welfare Association/Riverdale Aquagreens (RWA), Riverdale Apartments, Village Nabha, Municipal Council Zirakpur, Highland Marg, Patiala Road, Zirakpur-Mohali, through:

1. Mr.Gulshan Sehgal, son of Late Sh.K.K.Sehgal, Resident of H.No.6602, Riverdale Apartment, Highland Marg, Zirakpur, Patiala Road, Punjab. M.No.9779141469.

2. Mr.Rajbir Singh Kothari, son of Sh.Risal Singh, R/o H.No.4602, Riverdale Apartment, Highland Marg, Zirakpur, Patiala Road, Punjab. M.No.8587899006.

.….Complainant Versus

1. Barnala Realtech, office at Riverdale Business Centre, SCO 8-

9, Highland Marg, Patiala Road, Zirakpur, through its Partner/Director/GM/Authorized Signatory. Email IDs: info@riveraleindia.com, help@riverdaleindia.com, sanjeev@reiverdaleindia.com.

2. Jiwan Jindal, Partner/Director, M/s Barnala Realtech, Office at Riverdale Business Centre SCO 8-9, Highland Marg, Patiala, Road, Zirakpur, through its GM/Authorized Signatory.

3. Vijay Garg, Partner/Director, M/s Barnala Realtech, Office at Riverdable Business Centre, SCO 8-9, Highland Marg, Patiala Road, Zirakpur through its GM/Authorized Signatory.

4. Sanjeev Jindal, CEO/GM/Authorized Signatory/Partner/Director, M/s. Barnala Realtech, office at Riverdale Business Centre, SCO 8-9, Highland Marg, Patiala Road, Zirakpur, through its GM/Authorized Signatory.

5. Bharti Airtel, Plot No.21, IT Park, Chandigarh, through Manager Mr.Rajnish Dutta, M.No.9815049059 and Mr.Himanshu Sheoran. Email ID: Rajneesh.Dutta@airtel.com, himanshu.sheoran@airtel.com.

……Opposite parties Consumer Complaint under Section 47 of the Consumer Protection Act, 2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the Complainant : Sh. Sunil Mallan, Advocate For OPs No.1-4 : Sh. Manoj Vashishtha, Advocate For OP No.5 : Sh. Abhishek Sharma, Adv. for Sh. Vishal Gupta, Advocate SIMARJOT KAUR, MEMBER The Complainants i.e. Resident Welfare Association/Riverdale Aquagreens (RWA) through Mr.Gulshan Sehgal and Mr.Rajbir Singh Kothari have filed this Complaint against the Opposite Parties (hereinafter referred as OPs) under Section 47 of the Consumer Protection Act, 2019 (for short ‘the Act’).

2. The facts of the Complaint are that the Complainant is an Residential Welfare Association (RWA) having its address at Riverdale Apartments, Village Nabha, Municipal Council Zirakpur, Highland Marg, Patiala Road, Zirakpur, Mohali. The OPs are the promoters/developers of a Group Housing Project, namely Riverdale Aquagreens, Highland Marg, Patiala, Road, Zirakpur, District SAS Nagar (Mohali), Punjab. It has been averred that on different dates agreements(s) were signed between individual household owners including RWA and the OPs but they did not comply with the terms and conditions of the agreement. The sanctity of the said agreement with RWA was not maintained. In the agreement, the OPs had signed the agreement with the residents/flat buyers and had promised to provide and extend all the basic facilities having high class material to RWA members/Complainants. It has been alleged that OPs wrongly charged the Service Tax from residents at varying rates. It has further been alleged that OPs did not transfer the Interest Free Maintenance Security (IFMS) charges collected @ 37,600.00 Per flat since the initial booking of each flat from the respective buyer/resident. The ownership of IFMS charges belongs of RWA/members which was to be transferred to the RWA Bank Account bearing number 110410100041730 along with interest from the date of respective collection till the actual payment in the RWA account. Further, OPs did not suppl