COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

V

VPSingh1972

New member
Dealer Name
ATS Dolce
Company Name
ATS Dolce
Loss Amount
170000
Ratings
1.00 star(s)

Complainant:​


Name: Virender Pratap Singh
Address: House No. 8242, ZETA -1, ATS Dolce , Greater Noida , UP
Mobile: UP
Email: virender.singh1972@gmail.com


Opposite Party:​


ATS Infrastructure Ltd / ATS Dolce Maintenance Team
Registered Office Address:
Project Address: ATS Dolce, ZETA 1, Greater Noida



Most Respectfully Submitted:​


1. The Complainant​


I am a resident and consumer of the ATS Dolce housing project at ZETA 1, Greater Noida. I have been regularly paying Common Area Maintenance (CAM) charges as per the builder’s demand.


2. The Opposite Party​


The Opposite Party is responsible for providing Common Area Maintenance, facility management, electricity backup services, water, sanitation, security and adherence to all maintenance obligations as per the maintenance agreement.



3. Background and Payments Made​


  • I have been paying Rs. 7,500 per month towards CAM charges.
  • Despite timely payments, the quality of maintenance services has consistently deteriorated.
  • Several emails and communications have been sent to ATS regarding lapses and unresolved issues.

(You may list attachments as Annexure A, B, C etc. I can prepare this list if you want.)



4. Deficiency in Common Area Maintenance Services​


There is clear and continuous deficiency in service including:


a. Severe shortage of manpower leading to poor housekeeping, inadequate security coverage and unmaintained common areas.
b. No transparency in maintenance accounts, no audited financials shared, no cost breakup for services.
c. STP excess water disposal issues, causing hygiene concerns, foul smell and operational lapses that have been repeatedly highlighted to ATS.
d. Common facilities like lifts, lighting, parking areas, pathways, DG backup, sanitation and waste management remain below committed standards.


These lapses show clear violation of the maintenance agreement and constitute deficiency in service under Section 2(11) of the Consumer Protection Act.



5. Unfair and Arbitrary Charging Practices​


The Opposite Party is charging:


a. Excessive DG back-up charges, without any logical calculation or cost breakup.
b. Inflated and unjustified CAM charges that do not match actual service levels or manpower deployed.
c. Charges that are not verified, audited or presented to the residents.


This falls under unfair trade practice and lack of transparency.



6. Harassment and Pressure Tactics​


Residents, including myself, have been pressured to continue paying unjustified charges without any improvement in services.
On multiple occasions, the Opposite Party has indirectly indicated that essential services may be affected in case of non-payment.


Disconnection or threat to disconnect electricity or water, over a billing dispute, is illegal and constitutes harassment.



7. Communications Sent to ATS (Emails & Complaints)​


I have repeatedly written to ATS regarding:


  • Poor CAM services
  • Lack of manpower
  • STP water disposal issues
  • Non-transparency of CAM accounts
  • Excessive DG charges
  • Safety and hygiene lapses
  • No actionable response from the Estate Manager or ATS team

These emails clearly show my attempts to resolve the issue amicably, but ATS has failed to provide effective solutions.


(If you want, share the email dates and I’ll list them as Annexures.)



8. Decision to Stop CAM Payment​


Because of the continuous deficiency in services and no improvement despite multiple complaints, I have decided not to pay CAM charges from November 2025 onwards until services are restored to agreed standards.


This is not a default but a justified consumer action due to breach of contract by the Opposite Party.



9. Cause of Action​


The cause of action began from the date services started deteriorating and continues every month as the Opposite Party fails to rectify issues or provide transparent accounts.



10. Prayer / Reliefs Sought​


The Complainant respectfully requests the Hon’ble Commission to:


  1. Direct the Opposite Party to immediately rectify the deficiency and provide maintenance services as per the agreement.
  2. Order an audit of CAM accounts, manpower deployment and DG cost breakup since commencement of maintenance.
  3. Refund or adjust excessive charges, including unjustified DG backup amounts.
  4. Compensate the Complainant for mental harassment and inconvenience.
  5. Provide litigation costs for this complaint.
  6. Pass any other order the Hon’ble Commission deems fit in the interest of justice.


11. Declaration​


I declare that the facts stated above are true and correct to the best of my knowledge and belief.
 
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