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Sri Sai Venkateswara Builders, Rep. by Managing Partner v/s T. Praveen & Others


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- SAI INDIA LIMITED [Active] CIN = U29120KA1989FLC010358

Company & Directors' Information:- SAI BUILDERS PVT LTD [Strike Off] CIN = U45202ML1983PTC002100

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

Company & Directors' Information:- SRI VENKATESWARA BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TZ1992PTC003636

Company & Directors' Information:- SRI BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TG1998PTC028655

    F.A.No. 1002 of 2013

    Decided On, 28 April 2017

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE B.N. RAO NALLA
    By, PRESIDENT & THE HONOURABLE MR. PATIL VITHAL RAO
    By, JUDICIAL MEMBER

    For the Appellant: M/s. Manne Hari Babu, Advocate. For the Respondents: R1, Y. Ravindra Prasad, Advocate.



Judgment Text

Oral Order : (B.N. Rao Nalla, President)

This is an appeal filed by the Opposite party no.1 aggrieved by the orders of District Consumer Forum, Ranga Reddy dated 30.08.2013 made in CC No.10 of 2013 in allowing the complaint and directing the Opposite parties to provide specific car parking area to the complainant along with clear demarcation together with compensation and costs of Rs.10,000/- within a period of one month.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint.

3. The case of the complainant, in brief, is that the Complainant purchased residential flat from the opposite parties in the years 2007 and took possession of the same in the year 2011. Though the opposite parties assured to provide car parking but they postponed the same on one pretext or the other. Therefore, the complainant got issued legal notice to the opposite parties calling upon them to provide with specific parking space as per the rules and regulations of the Apartments and Flats Act. Hence, the complaint with the prayer to direct the opposite parties to allot and provide specific car parking together with compensation of Rs.50,000/- and costs.

4. Despite receipt of notices and a paper publication for the appearance of the opposite party no.2, the opposite parties no.1 to 3 remained absent and hence they were set exparte.

5. During the course of enquiry before the District Forum, in order to prove his case, the Complainant filed his evidence affidavit and got Exs.A1 to A8.

6. The District Forum after considering the material available on record, allowed the complaint bearing CC No.10 of 2013 by orders dated 13.08.2013 granting the reliefs, as stated in paragraph No.1, supra.

7. Aggrieved by the said decision, the opposite party no.1 preferred the appeal contending that the Dist. Forum did not appreciate the facts in correct perspective. It is contended that the opposite party no.2 who is looking after the day to day affairs of the firm had promised to look after the present case but in collusion with the complainant he had not taken proper steps to represent the case. It is also contended that it filed Exs.B1 and B2 before this Commission which proves that the appellant/opposite party no.1 is only a signatory to sign the documents along with other Managing Partners. Lastly, the appellant/opposite party no.2 submitted that without prejudice to his rights he is ready to execute the order if the other opposite parties come forward to execute the order of the District Forum.

8. The counsel for the appellant/opposite partyno.1 and the counsel for the complainant had advanced their arguments reiterating the contents of the complaint and the written version in addition to filing written arguments on behalf of both the parties. Heard both sides.

9. The point that arises for consideration is whether the impugned orders as passed by the District Forum suffer from any error or irregularity or whether they are liable to be set aside, modified or interfered with, in any manner? To what relief ?

10. It is the case of the complainant that he is the absolute owner and possessor of the flat No.102 including Car parking space in Sri Venkateshwara Residency, Nizampet, Ranga Reddy District. He purchased the flat in the year 2007 and took the possession in the year 2011. Though the complainant was in possession of the flat, the opposite parties postponing the allotment of car parking space on one pretext or the other. The complainant claimed the car parking slot as common area in terms of Sec.9 of the A.P. Apartment Act and also as per the terms of the Sale Deed. The complainant got issued Ex.A1 legal notice dated 03.12.2012 stating that contrary to the sale deed, the opposite parties did not provide any car parking even though they were bound to provide car parking slot to the complainant.

11. Ex.A1 is the Copy of Sale Deed dated17.03.2008 executed by the opposite parties in favour of the complainant with regard to Flat No.102, First Floor in the building complex of 'Venkateswara Residency' of Nizampet Village, R.R.District. At page 7 of the Sale Deed under the caption of Second Schedule of Property it is clearly mentioned as:

All that Semi-finished Residential Flat no.102 in First Floor along with undivided share of land 34.0 sqa.yds along with its built up area of 1180 sq.ft ( including common area and car parking) in building complex ' Venkateswara Residency' on plot Nos.38 & 39 in Survey Nos.251/A & 251/B situated at ' Sri Venkata Sai Enclave' Nizampet Vilalge, Mandal Quthbullapur, R.R.Dist…

12. From the above it is clearly specify the allotment car parking slot in favour of the complainant. Moreover, there is no denial on the part of the opposite party no.1 that the complainant is not liable for car parking space, he only taken plea that he is only the signatory to sign the documents along with Managing Partner and he is also ready to execute the order of the District Forum if the other opposite parties come forward to execute the order. Admittedly, all the opposite parties were parties to the Sale Deed and they executed sale deed in favour of the complainant. Therefore, all of them are bound by the terms and conditions of the said sale deed and accordingly, under a contractual obligation, to allot car parking space to the complainant. Ex.B1 is the copy of Acknowledgement of Registration of Firm wherein it is mentioned that the statement has been filed and the name of the firm of the opposite party no.1 has been entered in the registrar of Firms as No.5129/2007 at O/o District Registrar Ranga Reddy Dist., A.P. Ex.B2 is the copy of Deed of Partners wherein the names of all the opposite parties were mentioned as the partners of the firm. It is also well settled principle under the Indian Partnership Act, 1932 that one of the partners of the firm can enter into an agreement with third parties for and on behalf of the partnership firm and such an agreement is binding on all the partners of the firm. Admittedly, all the opposite parties executed registered sale deed in favour of the complainant and, therefore, said document is binding on all the partners of the firm. Ultimately viewed from any angle registered sale deed executed by all the opposite parties is binding even as against the present Appellant though he denied that he is the only signatory and the opposite party no.2 is only looking after the day to day affairs of the firm. Moreover, the appellant had acquiesced to the order passed by the District Forum, as observed in his written arguments and it is well settled principle of law that if one of the partners of the firm acquiesce to an order it is an acquiescence for and on behalf of the firm and it is binding on all

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the other partners of the Sri Sai Venkateswara Builders. 13. In view of the above, it is clear that the opposite parties agreed to allot the car parking to the complainant and failure to allot car parking despite receipt payment of the amount is deficiency of service on the part of the opposite parties. Therefore, we do not see any mis-appreciation of fact or law by the Dist. Forum in this regard. We do not see any merit in the appeal. Hence, the point framed at para No.9, supra, is answered accordingly in favour of the respondent/complainant. In the result this appeal is dismissed confirming the order of the District Forum. There shall be no order as to costs. Time for compliance four weeks from the date of receipt of the order.
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