2025 Supreme(Online)(SCDRC) 26838
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Lake Vihar II Residents Welfare Associat – Appellant
Versus
M/s JJC Developers and Constructions Pvt. Ltd. – Respondent
SC/29/CC/233/2016
Date of filing: 03.10.2016 Date of disposal: 23.05.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:23.05.2022 PRESENT Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER Mrs. DIVYASHREE M : LADY MEMBER CONSUMER COMPLAINT NO.233/2016 Lake Vihar II Residents Welfare Association, Registered under the provisions of Karnataka Societies Registration Act, 1960, Lake Vihar II Apartments, T.C Palya Main Road, Near Kristu Jyoti College, K.R Puram, Bangalore-560036.
Rep. by its President P. Prabhakar Reddy, S/o P.Raja Reddy, Aged about 38 years, Residing at Flat No.T-015, 3rd Floor, E Block, Lakh Vihar II, Bangalore – 560036. …..Complainant/s (Advocate – Sri.G.V Anjaneya Gowda)
V/s
1) M/s. JJC Developers and Construction Pvt Ltd., A Company incorporated under the Companies Act, 1956, Having its registered office at No.28/772/A2/5, Lalitha Nagar, Nandyal, Kumool district, Andhrapradesh, Rep. by its Managing Director, Sri.Atla Venkata Subbareddy.
2) M/s.JJC Developers and Construction Pvt Ltd., A Company incorporated under the Companies Act, 1956, Having its branch office at E-Block, Pent House, Lake Vihar-II, T.C Palya, K.R Puram, Bangalore-560036.
Rep. by its Managing Director, Sri.Atla Venkata Subbareddy.
3) Mr.Muniraju, S/o Late Annyappa, Construction Engineer-Cum-Project Coordinator, With M/s. JJC Developers and Construction Pvt. Ltd., Residing at #39, 5th Cross, Narasimaiah Layout, Vijinapura, Bangalore-560016. …..Opposite Party/s
ORDER
Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER This is a complaint filed U/s.17 of C.P Act, 1986. The complainant is a registered Welfare Association under the provisions of Karnataka Societies Registration Act, 1960. The registered welfare association is registered under the name and style Lake Vihar-II is represented by its Secretary Mr.Vikas Kumar and the OPs.1 to 3 are developers and Construction Engineer-Cum- Project Coordinator. This complaint is received on 03.10.2016 through advocate Mr.P.H Raghupathi came to be admitted. OP-1 is a Company represented by its Managing Director Sri.Atla Ventaka Subbareddy and he refused to receive the notice. As such on 25.07.2017 Commission held service of notice on OP-1 is held sufficient and is place ex-parte. While OP-3 is duly served is remained absent, is also placed ex-parte. OP-2 is deleted on the ground that OP-2 is branch of OP-1.
2. The Welfare Association as complainant sought for the following reliefs.
a) Direct Opposite Parties to carry out the following pending work in the apartment Building:
(i) Children play area.
(ii) Community Hall/functional hall with necessary approval along with shuttle court and construction of quality stair case.
(iii) Replacement of three sub-standard lift/elevator along with erection certificate.
(iv) Safety fencing of electrical boards from all sides.
(v) Construction of security outpost near main gate along with electrical connection.
(vi) Replacement of defective main gate.
(vii) Provision of fire extinguisher at basement, plinth, car parking and floor wise in all the six blocks.
(viii) Water purifier to be fitted at all water tank out-let.
(ix) Other miscellaneous infrastructural deficiencies.
(x) Provision for intercom in each flat.
(xi) Provision for billiard table.
(xii) 100 mtrs long jogging track.
(xiii) Cauvery water connection to be given.
(xiv) Completion Certificate Occupancy certificate from BBMP in respect of Lake Vihar II project.
(xv) Obtain ‘A’ Katha for individual flat owners.
(xvi) Hand over all original documents of title deeds of land where Lake Vihar-II is constructed land to the registered Association.
(xvii) Hand over books of accounts pertaining to maintenance of apartment building for the period the Opposite Party was maintaining the lake vihar-II building.
(xviii) Allot car parking to twelve flat owners who have not yet been allotted car parking but paid Rs.1,00,000/- to Opposite Party No.1.
Further sought for Rs.66,71,964/- with applicable interest or fine etc., that may be chargeable