BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.
E.A.No.52/2013 against C.C.No.49/2010
Between:
Sri D.Venkateswara Reddy,
S/o. Srinivas Reddy,
Age : 33 years, Rep. by its GPA holder
Sri D.Sreenivasa Reddy,
S/o. Pulla Reddy, Plot No.38,
Sri Balaji Swarnapuri Colony,
Motinagar, Hyderabad. ….. Petitioner /Complainant
AND
1. M/s. Hill Country Properties Ltd.,
(Formerly known M/s. Mytas Properties Ltd.,
Rep. by its nominee
D.V.S.Subba Raju,
S/o. D.Krishnam Raju,
Reg. Office: 6-3-1186/5/A,
III Floor, Amogh Plaza, Begumpet,
Hyderabad – 500016,
2. M/s. Swarnamumkhi Green Fields (P) Ltd., Hyderabad
3. M/s. Himagiri Bio-tech P Ltd., Hyderabad
4. M/s. Sindhu Green Lands Pvt., Ltd., Hyderabad
5. M/s. Goman Agro Farms P Ltd., Hyderabad
6. M/s. Himagiri Green Fields (P) Ltd., Hyderabad
7. M/s. Swarnagiri Green Fields (P) Ltd., Hyderabad
8. M/s. Konar Green Land Pvt. Ltd., Hyderabad
9. M/s. Medravati Agro Farms P. Ltd., Hyderabad
10. M/s. Yamuna Agro Farms P. Ltd., Hyderabad
11. M/s. Wardha Green Fields P. Ltd., Hyderabad
12. M/s. Vidya Green Lands Pvt. Ltd., Hyderabad
13. M/s. Vamsadhara Agro P. Ltd., Hyderabad
14. M/s. Uttarashad Bio-Tech P. Ltd., Hyderabad
Rep. by GPA D.V.S.Subba Raju,
S/o. D.Krishnam Raju,
Reg. Office: 6-3-1186/5/A,
III Floor, Amogh Plaza, Begumpet,
Hyderabad – 500016,
15. D.V.S.Subba Raju,
S/o. D.Krishnam Raju,
Flat No.102, Plot No.97,
Dhanunja Nest,
Raju Nagar, Yusufguda,
Hyderabad – 500045.
16. The Branch Manager,
M/s. BHW Home Finance Ltd,
3rd Floor, Saeed Plaza, 6-1-73,
Besides Central Court Hotel,
Lakadikapool,
Hyderabad – 500004. …Respondents / Opposite parties
Counsel for the Petitioner /Complainant: Sri V.Appa Rao & B.Srinivas
Counsel for the Respondents / Opposite parties
: Sri K.Visweswar Reddy
Hon’ble Sri Justice B.N.Rao Nalla … President
&
Sri Patil Vithal Rao … Member
WEDNESDAY, THE FIFTH DAY OF JULY,
TWO THOUSAND SEVENTEEN. .
Oral Order : (Per Hon’ble Justice Sri. B.N.Rao Nalla, President).
***
The Petitioner is the complainant and the respondents are the opposite parties in C.C.No.49/2010 on the file of this Commission. This commission allowed the complaint in part by the order dated 27.04.2012 directing the developer to hand over the finished flats under sale by executing registered sale deeds or in the alternative refund the sale consideration with interest, besides penalty amount @ Rs.5/- per sft of the super built up area together with compensation and costs and also against BHW Home Finance Ltd., (hereinafter called the “Finance Company”) for refund of the amount disbursed by the finance company to the developer together with penal interest and credit into their loan account etc., u/s. 17 of the C.P. Act, 1986.
To execute the said order, the petitioner / complainant has preferred this application, praying to initiate proceedings against the respondents for non-compliance of the order.
Heard.
The learned counsel for the Respondent No.1 / opposite party No.1 filed a Compromise Memo stating a under:
“It is humbly submitted that in compliance of this Hon’ble State Commission order dated 26.08.2016, to refund of Equated Monthly Installment (E.M.I) amounts including 12% interest on it. The Respondent No.1 / opposite party No.1 herein has refunded ‘E.M.I. amount’ as well as ‘interest on E.M.I. amount’ as per below two cheques:
(I) Rs.17,48,243/- vide Ch.No.190319 dated 19.08.2016 drawn on Indian Overseas Bank, Somajiguda Branch, Hyderabad.
(II) Rs.17,16,156/- vide Ch.No.184312 dated 21.09.2016 drawn on State Bank of India, Kukatpally Road Branch, Hyderabad Copies of cheques are enclosed as an annexure.
The Respondent No.1 / opposite party handed over the two Cheques to Complainant’s Counsel and as per information received from respective Bank, the Petitioner / Complainant has received and encashed the amounts on 31.08.2016 and 28.09.2016 respectively, but did not report before this Hon’ble Commission for such a long period.
In view of the said fact of compliance of the orders by this Respondent No.1 / opposite party No.1 it is humbly prayed that the Honble Commission may be pleased to pass necessary orders dismissing / closing the above Execution Application No.52/2013 in C.C.No.49/2010 filed by the Petitioner / Complainant, in the interest of justice.
The said memo is recorded.
In the circumstances, the E.A.52/2013 is disposed of accordingly.
PRESIDENT MEMBER
Dt. 05.07.2017
