BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Thursday, 25th June 2015
CONSUMER COMPLAINT No. 29/ 2015
Smt. Y. Swathi, aged about 47 years,
W/o Y.V. Deva Kumar,
D.No. 7/181-6, NGO’s Colony,
Kadapa, Pin – 516002 ….. Complainant.
Vs.
1. The Managing Director, A.P. Rajiv Swagruha Corporation Ltd.,
7th Floor, Gagan Vihar Apartments, M.J. Road, Nampally,
Hyderabad, Pin – 500 001.
2. The General Manager, A.P. Rajiv Swagruha Corporation Ltd.,
D.No. 6/700-1, Bharath Scouts & Guides, Sankarapuram,
YSR Kadapa, Pin – 516 001. ….. Respondents.
This complaint coming for final hearing on 16-6-2014 in the presence of complainant as in person and respondents also appeared as in person and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the respondents to refund an amount of Rs. 73,350/- with interest @ 15% p.a. from the date of payment and also pay Rs. 10,000/- towards compensation for mental agony and Rs. 2,000/- towards costs of the complaint.
2. The averments of the complaint in brevity are that the complainant has paid Rs. 73,350/- on 10-2-2014 by way of demand draft bearing Nos. 239743, 239739 towards application and registration fee to the respondents for allotment of plot (house site) at Bramha Nilaya Township, Proddatur towards first installment of ¼ of cost of the plot. She has to pay the remaining balance by 31-5-2014. She was prepared to pay the 2nd installment but 2nd respondent told him that the land owners approached Hon’ble High Court and obtained stay orders on 28-2-2014 and stay could not be vacated even after 9 to 11 months. In spite of several requests by the complainant to refund the 1st installment paid by him and registration fee of Rs. 3,250/- and addressing letters dt. 27-7-2014 & 30-1-2015 the respondents not refunded the amount. Hence, the complaint for the above reliefs.
3. 1st respondent not filed counter. 2nd respondent filed counter admitting that the complainant paid 1st installment amount and also registration fee etc., and stay of the High Court as pleaded by the complainant, but denied other allegations and contended that since, land owners approached the Hon’ble High Court and the stay could not be vacated, plots could not be allotted. However, the corporation already paid an amount of Rs. 70,100/- to the complainant towards installment amount through cheque bearing No. 309809 dt, 16-4-2015 through this forum after filing this complaint. As per terms and conditions of the notification of allotment of plot, if any applicant withdrawn from the scheme 10% of the tentative cost of the plot will be forfeited. Hence, the complaint is liable to be dismissed.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is deficiency of service on the part of the respondents as claimed by the complainant?
- Whether the complainant is entitled for the relief as prayed against the respondents?
- To what relief?
5. No oral evidence has been let in by the parties. But on behalf of the complainant Exs. A1 to A3 and on behalf of the respondents Ex. B1 documents are marked.
6. Heard and perused the record.
7. Point Nos. 1 & 2. There is no dispute between the parties that the complainant is one of the applicant for the plot offered by the respondents at Bramha Nilaya Township, Proddatur and she deposited total amount of Rs. 73,350/- i.e. Rs. 70,100/- first installment + Registration fee of Rs. 3,250/- on 10-2-2014 and 3-2-2014 respectively.
8. After filing of this complaint the respondents paid an amount of Rs. 70,150/- (Rupees Seventy Thousand one hundred and fifty only) on 16-4-2015 to the complainant by way of cheque towards amount claimed by the complainant in his complaint. The complainant received the same under protest stating that he is entitled for interest on par with other people to whom already the respondents have paid. This forum on 16-4-2015 recorded part satisfaction of the claim of the complainant for an amount of Rs. 70,150/- on the memo filed by the parties.
9. Now the only point for consideration is whether the complainant is entitled for interest on the amount of Rs. 70,100/- paid by him to the respondents on 10-2-2014 till 16-4-2015?.
10. The only contention that was raised by the respondents is that the plots could not be allotted to the complainant as there was land owners dispute and they got stay from the Hon’ble High Court. The above contention is unsustainable. Even the land owners approached High Court and obtained stay the same is nothing to do with the complainant who paid the amount to the respondents to pay interest on his 1st installment amount. The respondents have already refunded the first installment amount paid by some of the applicants with interest in C.C. Nos. 6/2015, 7/2015, 8/2015, 9/2015, 10/2015, 11/2015, 12/2015, and 27/2015 filed in this forum. Therefore, the complainant in this case is also entitled for refund of his amount with interest on par with other applicants who are refunded with interest. Viewed in this angle there is deficiency of service on the part of the respondents for not refunding the amount with interest to the complainant. Hence, we hold that the complainant is entitled for interest at 12% p.a. on Rs. 70,100/- from the date of payment by him i.e. 10-2-2014 till 16-4-2015 and some amount for mental agony and costs. The complainant is not entitled for refund of cost of application and registration fee, as they are nonrefundable. Accordingly, points 1 & 2 are answered in favour of the complainant.
11. Point No. 3. In the result, the complaint is allowed, directing the respondents to pay interest @ 12% p.a. on Rs. 70,100/- (Rupees Seventy Thousand One Hundred Only) from 10-2-2014 i.e. the date of deposit by the complainant till 16-4-2015 and shall also pay Rs. 2,000/- (Rupees two thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint to the complainant. The respondents shall pay the above amounts within 45 days from the date of receipt of this order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 25th June 2015
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of receipt issued by the General Manager APRSCL, Kadapa,
dt. 3-2-2014 for Rs. 73,350/-.
Ex. A2 P/c of application data of V. Bhargavi Reddy.
Ex. A3 P/c of representation issued by the complainant to R2,
dt. 27-7-2014.
Exhibits marked on behalf of the Respondents : -
Ex. B1 P/c of affidavit of V. Bhargavi Reddy issued by Notary.
MEMBER PRESIDENT
Copy to :-
1) Smt. Y. Swathi, aged about 47 years,
W/o Y.V. Deva Kumar,
D.No. 7/181-6, NGO’s Colony,
Kadapa, Pin – 516002.
2) The Managing Director, A.P. Rajiv Swagruha Corporation
Ltd., 7th Floor, Gagan Vihar Apartments, M.J. Road,
Nampally, Hyderabad, Pin – 500 001.
3) The General Manager, A.P. Rajiv Swagruha Corporation
Ltd., D.No. 6/700-1, Bharath Scouts & Guides,
Sankarapuram, YSR Kadapa, Pin – 516 001.
B.V.P.
