ORDER

1.      Heard Ms. Nikita Sharma, Advocate, for the complainants and Ms. Haripriya Padmanabhan, Advocate, for the opposite parties.

2.      92 flat buyers of the project “Casa Paradiso” have filed above complaint for directing the opposite parties to (i) refund Rs.25000/- with interest @18% per annum from the date of collection till the date of refund to each of them; (ii) pay maintenance charges with interest @18% per annum, of unsold flats on pro-rata basis; (iii) rectify/replace the sewage treatment plant installed in the north part of the project and install another sewage treatment plant in the south part of the project; (iv) pay Rs.200000/-, to each of them, as compensation for mental agony and harassment; (v) pay Rs.500000/-, as litigation costs; and (vi) any other relief which is deemed fit and proper in the facts of the case.

3.      The complainants stated that M/s. Sanathnagar Enterprises Limited and Macrotech Developers Limited (OP-1 and 2) (the developer) were companies of Lodha Group and registered under the Companies Act, 1956. The developer got sanctioned Building Plan of the project “Casa Paradiso”, at Fatehnagar Railway Station, Sanathnagar, Hyderabad, being No.8067/HO/CZ/Cir-P/2011 dated 27.01.2012, from Greater Hyderabad Municipal Corporation and developed the group housing project consisting 719 flats of 4 different sizes. The complainants booked their respective flats in the year 2012 onward and deposited booking amount. The developer executed agreement to sell in favours of the complainants of their respective flats in 2012 onward. As per agreement to sell, payment plan was ‘construction link payment plant’ and date of ‘fit-out possession was 31.03.2014. The complainants made payments as per demand of the developer and the developer offered ‘fit-out possession’ in July, 2014 onward till 2017. Although the developer completed the project and handed over possession but possession of car parking, club house and water supply etc. were completed only after litigation in this respect. The buyers of the flat formed Casa Paradiso Owner’s Welfare Association (OP-3) on 10.12.2012, for raising their grievances, in relation to common amenities and facilities. The developer collected Rs.25000/- from every flat owner for formation of the flat owner’s welfare society. The developer handed over the project to OP-3 on 18.12.2018 but did not refund the amount collected from the buyers for formation of the flat owner’s welfare society. The developer is in possession of unsold 91 flats in the project “Casa Paradiso” and is liable to pay ‘common area maintenance charges’ of these flats on pro-rata basis but the developer is not paying it, in spite of demand of OP-3. The developer constructed ‘sewage treatment plant’ in north block of the project. Most of the pumps of ‘sewage treatment plant’ are not functional and lying defective. Due to defective design of ‘sewage treatment plant’, untreated water with foul smell is coming back into supply, thereby causing health hazard to the residents. A report obtained from an independent agency namely M/s. Revolve Engineers Private Limited dated 27.01.2017, pointing the snags in ‘sewage treatment plant’ has been given to the developer but they did not take any step for its repairs. On these allegations, the complaint was filed on 18.09.2019.

4.      The complainants filed IA/15239/2019, under Section 12(1)(c) of the Consumer Protection Act, 1986, for grant of leave to file the complaint in representative capacity on behalf of numerous flat buyers of the project, having same interest. The developer filed their reply to this IA and stated that there are total 12 Towers in the project “Casa Paradiso”. There is no complaint from any resident of Tower- Eden-A. Large number of the flat buyers filed their individual complaints before District Forum and State Commission, which are pending either before original forum or in appeal. Total 125 complainants are the owners of 92 flats and they took