BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

C.C.04/2018 Between :

TATAJI’S Creative Heights Welfare Association, Regd. No. 65 of 2014, Rep. by its General Secretary, Mr. R.V.S. Siva Kumar, S/o. R. Sree Rama Murty, Aged about: 35 years, Having Society Office in Ground Floor, TATAJI’S Creative Heights, H. No. 1-3/125 & 144 TCH, Masidbanda, Kondapur, Serilingampally, Hyderabad - 500084 … Complainant And

1. Creative Constructions, Rep. by its Managing Partner, K. Prema Chandra Reddy, S/o. Late. K. Gopal Reddy, R/o. H.NO. 12-13-677/65/A, Street No. 1, Tarnaka, Secunderabad – 500017.

2. Smt. Swapna R. Mehtha,, W/o. Sri Ramesh Mehta, Aged about: 56 years, R/o. Plot No.67, H.No. 10-2-117, Road No.2, West Maredpally, Secunderabad – 500026.

.… Opposite parties Counsel for the Complainant : M/s. Gopi Rajesh & Associates Counsel for the Opposite Party No. 1 : B. Rajasekhara Reddy, Advocate.

Counsel for the Opposite Party No. 2 : Mr. Suri Sravan Kumari, Advocate.

QUORUM: HON’BLE SRI V.V.SESHUBABU, MEMBER &

HON’BLE SMT R.S. RAJESHREE, MEMBER MONDAY, THE TWENTY SENCOND DAY OF MAY TWO THOUSAND TWENTY THREE Order : (PER HON’BLE SMT. R.S. RAJESHREE, MEMBER)

1. This is a complaint filed by the Complainant under Section

17 (1) (a) (i) the Consumer Protection Act, 1986, praying this Commission to direct the Opposite Parties:

(i) To provide Municipal Water connection of 2 Diameter to complainant premises i.e., TATAJI’S CREATIVE JHEIGHTS H.No. 1-3/125 & 144, TCH. Masidbandla, Kondapur, Serilingampally, Hyderabad – 50084.

(ii) To provide |Municipal Sewerage connection to complainant premises i.e., TATAJI’S CREATIVE JHEIGHTS H.No. 1-3/125 & 144, TCH. Masidbandla, Kondapur, Serilingampally, Hyderabad – 50084.

(iii) To complete the A.C. Gym equipment/establishment.

(iv) To complete Multi-purpose hall construction.

(v) To provide painting/wall care putty for those areas that were not completed.

(vi) To provide fire pumps/STP with working condition. (vii) To provide Protection/Shield for electric meter area.

(viii) To provide Name plates.

(ix) To provide Parking slots & Markings documents to be handed over.

(x) To handed over the original and ling documents of the said Apartment.

(xi) To pay compensation of Rs.10,00,000/- for 48 flats by the opposite party builder to the complainant towards mental agony and loss,.

(xii) To pay punitive damages caused by the acts of the opposite party and pay damages U/s. 14 (1) of the Consumer Protection Act.

(xiii) To award costs of Rs.10,000/- and pass such further or other orders as this Hon’ble Commission deems fit and proper in the circumstances of the case.

1. The case of the complainant is that he is the Secretary of the flat owners Welfare Association which is formed for the welfare of flat consisting of 48 flats. And in the year 2014 all the flat owners have formed an association and registered the same under the co- operative societies act vide registered No. 65/2014 dated 22.01.2014 by name and style “TATAJI’s Creative Heights Welfare Association”. The opposite party No.1 is the builder having its office at Tarnaka, Hyderabad by the name and style “Creative Constructions”. Opposite party No.2 is the land lady of the said apartment who resides at West Marredpally, Secunderabad. The opposite party No. 1 started above venture in the year 2011 hence started selling the flats from 2013 onwards and the all the flat owners have taken the possession of flats by 2015. And the opposite party No. 1 promised to provide minimum common amenities such as water connection and sewerage connection within a short period but has been postponing the same on one of the other pretext, as such, the complainant association in its general body meeting has resolved to file a consumer complaint against the opposite party and authorized the general secretary of the association to sign all the necessary papers and passed a resolution to that effect.

2. The opposite party had issued colourful broucher stating tha