Dakshina Kannada District Consumer Disputes Redressal Forum has directed builder Ramesh Kumar, R K Developers and Maurishka Park Apartment Owners’ Association (MPAOA) to provide separate electrical meters to apartment owners.
In 2016, 17 apartment owners – led by former Superintendent of Police K S Ibrahim – had filed a case in the consumer court accusing builder Ramesh and Kumar and MPAOA of having failed to provide separate electricity meters as well as of encroachment of common area for formation of car parking area, among others. The forum, during trial, had appointed Rachana, consulting engineers and architects, as commissioner to make a spot inspection a submit a report on the facilities in the apartment.
Exclusive rights
The consumer forum, on the basis of commissioner’s report, had observed that over 35 illegal car sheds had been constructed in the common area. The forum had also found that, under the deed of declaration (DoD), the builder had exclusive rights over the terrace and common area.
The builder had plans to develop the common area as parking space, party hall or gymnasium. The forum, however, upheld the argument of the complainants and ordered that consumers with connection to the Mescom grid should have separate meters.
Vishweshwara Bhat D, president of the consumer forum, also declared that the builders should take steps on activating the sewage treatment plant (STP). The forum disposing the case here recently directed builder Ramesh Kumar and R K Developers to pay the complainants an amount of Rs 50,000 as compensation and Rs 20,000 as cost of litigation. The forum also directed that the orders should be implemented within March 2019.
Sub-meters
The forum’s order is being regarded as a setback to the apartment owners’ association – which had asserted that installation of a single meter was not illegal.
The association had also claimed that, under the DoD, it is empowered to instal sub-meters. It had made a claim on such grounds while disconnecting the electricity supply to Shantaram Prabhu and Veena Shantaram’s apartment in October 2018.
MPAOA president K Dayananda Pai, when contacted, said that the builder and R K Developers had made an appeal against the forum’s verdict.