BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
C.C.180 of 2013
Between:
01.Mr. A. Srinivasa Rao
S/o Sri A. Mastan Rao
Aged about 39 years, Occ : Business
02.Mrs. A. Padmavathi
W/o A. Srinivasa Rao
Aged about 39 years, occ : Business, Indian
Both are residing at Plot o. 92, NE, H.No. 5-4-1250/5,
Phase III, Street No. 24, Sharada nagar,
Vanasthalipuram, Hyderabad .. Complainants
And
01. M/s. Aliens Developers (P) Ltd
Office at Flat No. 911, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081
Rep. by its Managing Director
Mr. Hari Challa, s/o C.V.R. chowdary.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Aged about 36 years,
Occ : Managing Director, M/s. Aliens Developers (P) Ltd
Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
35 years, Off : Director of , M/s. Aliens Developers (P) Ltd
Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
04.C.V. R. Chowdary,
S/o Narasappa,
Aged about 63 years, Occ: Director of
M/s. aliens Developers pvt. Ltd
Flat No. 910, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
05. Challa Nagaratna
W/o CVR Chowdary
Aged about 57years, Occ: Director of
M/s. Aliens Developers pvt. Ltd
FlatNo. 910, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
06. Peri Viswanath
S/o Mr. P.S. Sarma
Aged about 38 years, Occ: Vice President ( Transformation) of
M/s. Aliens Developers pvt. Ltd
Flat No. 911, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
07. Mr. N. Ashok Kumar
S/o Nageswara Rao
Aged about 31 years, Occ : executive of
M/s. Aliens Developers pvt. Ltd
FlatNo. 910, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081
08. Mr. Alaparthi Appa Rao
S/o Mr. Subbaiah,
Aged about 31 years, occ : Vice President of
M/s. Aliens Developers pvt. Ltd
Flat No. 910, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081
09. Mr. P. Panduranga Rao
S/o P. Ekambareswara Rao
Aged about 40 years, Occ : Asst. Manager ( Finance & Accounts )
Flat No. 910, Teja Block
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081
Counsel for the Complainant : Mr. K. Visweswara Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.139 of 2013
Between:
01.Bappaditya Sarkar, S/o Uday Narayan Sarkar,
Aged 49 years, Occ : private employee
R/o Falt No. 307, keerthi Sudarshan Apartments
Street No. 5, West Marredpally, Secunderabad
02.Mrs. Diya Sarkar, W/o Bappaditya Sarkar,
Aged 44 years, occ ; Housewife
R/o Flat No. 307, keerthi Sudarshan Apartmnts
Street No. 5, West Marredpally, Secunderabad .. complainants
And
M/s. Aliens Developers (P) Ltd
Having its registered office at
Aliens Group Corproate Office
Aliens Space Station, Gachibowli, Tellapur
Hyderabad rep. by its Managing Director
Sri By Hari Challa .. opposite party (OP)
Counsel for the Complainant : M/s. A.M. Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.203 of 2013
Between:
01.Sri Metta Sudhakar, S/o M. Vishnu Murthy,
Aged 42 years, occ : Service
02.Smt. Metta Vijaya Lakshmi,W/o M. Sudhakar,
Aged 38 years, occ : Service
(both are presently residing at Flat No.3E/Block II,
Ramaniyam “ Gauravv” Apartment, Model school Road
(behind Aavin Milk Factory ), Old Mahabalipuram road,
Sholinganallur, Chenai – 600 119, Tamil nadu
Permanent ouse at Plot no. 3-183, near NH -5,
Kesavaraopeta (v), S.M. Puram Post. Srikakulam district .. Complainants
And
M/s. Aliens Developers (P) Ltd
Having its registered office at
Flat no. 911, Tejablock,
Aliens Group Corporate Office
Aliens Space Station, Gachibowli, Tellapur
Hyderabad - 502032
rep. by its Managing Director
Sri By Hari Challa
Aged about 35 years, S/o Sri CVR Choudhary .. opposite party
Counsel for the Complainant : M/s. A. Sanjeeva Narayana
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.245 of 2013
Between:
01.Ranjeet Sharma
S/o Mr. Ram Bahadur Sharma, aged about 30 years,
02.Surbhi Sharma
W/o Mr. Ranjeet Sharma, aged about 30 years
Both are R/o F-103, Raycon Residency-1, Madinaguda, Hyderabad – 500 050
At the time of agreement.
( present address Flat no. 007,
Block -1, pariwar palace Apartments,
Devarachikanahalli,
near Devarachikanahalli Bus Stop,
Bommanahalli, Bangalore – 560 076 ) .. complainant
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station,
Tellapur post, Ramachandrapuram Mandal, Medak Dist,
Hyderabad Pin – 502 032. .. Opposite parties
Counsel for the Complainant : Mr. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.134 of 2013
Between:
Rachamallu Pramod Kumar Reddy
S/o Mr. Sudarshan Reddy
Aged about 42 years, Occ : Govt. employee
R/o H.No. 6-2-961, Flat no. 205,
Asara Apartments, Beside Hindi Prachar Sabha
Khairatabad, Hyderabad – 500 004. .. complainant
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02 Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03 Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.136 of 2013
Between:
01. Katakam Srinivasa Rao, S/o Veerabhadra Rao
Aged about 46 years, Occ ; Private Service
R/o plot no. 34, Phase -1
Vyshali nagar, champapet, Hyderabad – 500 079.
02.Katakam Arunasri, W/o K. Srinivasa Rao
Aged about 41 years, occ ; govt. service
R/o plot no. 34, Phase -1,
Vyshali nagar, champapet, Hyderabad – 500 079… complainants
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.157 of 2013
Between:
01.OVS Nagendra Kumar
S/o Mr. Suryanarayana
Aged about 34 years, occ: Private Employee
R/o H No. 6-1-245, Varadaraj nagar
Kt Road, Tirupathi 517 507
02.OV suryanarayana
S/o Mr. Ramaswamy Setty
Aged about 73 years, Occ ; Retired Employee
R/o H.no 6-1-245, Varadaraja nagar
KT road, Tirupati 517 507 .. complainants
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.161 of 2013
Between:
Rishi Kapoor
S/o Mr. Pradeep Kapoor aged about 36 years,
occ : Soft ware Engineer, R/o 507, Venkata kalian Residency
Nizampet road, KPHB colony, Hyderabad – 500 072.. Complainant
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari Challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.174 of 2013
Between:
Phani kumar Bommadevara
S/o Chatrapathi Bommadevara
Aged about 38 years, occ: Private employee
R/o 19/244-4, Bethavolu village and Post
Gudivada – 521 301, Krishna Dist.A.P. .. complainant
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.175 of 2013
Between:
01 Parikshit Shukla, S/oDr. HK Shukla
Aged about 32 years, Occ : Business
R/o 1004, Garnet block
My Home Jewel, Miyapur
Hyderabad – 500 049.
02Shilpi Tyagi, W/o Parikshit Shukla
Aged about 33 years, Occ : Business
R/o 1004, Garnet Block
My Home Jewel, Miyapur
Hyderabad – 500 049. .. Complainants
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.176 of 2013
Between:
01.Gadagoju Gopi
S/o G. Krishna Murthy, aged about 36 years,
Occ : Private employee,
R/o Plot No. 155, Neelima Greens
Pragathi Enclave, Miyapur,
Hyderabad – 500 049
02.K. Bhagya Lakshmi
W/o G.Gopi, aged about 35 years
Occ : House wife, R/o plot no. 155, Neelima Greens
Pragathi Enclave, Miyapur
Hyderabad – 500 049 .. complainants
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are
at Aliens space station, Tellapur post,
Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.196 of 2013
Between:
Thippareddy Venkat Reddy
S/o Mr. Sambi Reddy, aged about 38 years
R/o E-31, Ground Floor, Madhuranagar
Hyderabad – 500 038. .. complainant
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.213 of 2013
Between:
Naga Ramesh Kuruba Buchannagari
S/o Mr. Lakshmanna Kuruba Buchannagari
Aged about 31 years
R/o B1, 1st floor, P.No106/2, Moti nagar,’
Hyderabad – 500 018 .. complainant
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari Challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.214 of 2013
Between:
01.Ashok john Koshy
S/o Mr. Enchakatodil John Koshy
Aged about 43 years
02.Mrs. Deepthi Koshy
w/o Mr. Ashok John Koshy,
aged about 35 years
both are R/o Flat no. 602, Blue Block
My home Rainbow Apartments,
Tolichowki, Hyderabad – 500008
( present address Flatno. 3 C
Jains PCH rock Garden-3, Gafoornagar
Madhapur, Hyderabad – 500 081. .. complainants
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.215 of 2013
Between:
01.Chandan Varshney
S/o Mr. Ashok Kumar Varshney, aged about 28 years
Occ : Private employee, R/o Flat no. 203,
Sun valley Apartments
Silpa Park, Kondapur, Hyderabad – 500 084.
02.Shilpi Varshney
W/o Chandan Varshney, aged about 29 years
Occ : Private employee, R/o Flat no. 203,
Sun Valley apartments,
Silpa Park, Kondapur, Hyderabad – 500 084. .. Complainants
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032. .. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.216 of 2013
Between:
Santosh yadawar
S/o Mr. Ramanayya yadawar, aged about 34 years,
R/o 8-3-228/916, Rahmat nagar
Hyderabad – 500 045.
( present address plot no. 699, Ground floor, Ayyappa society
100 feet road, Madhapur, Hyderabad – 500 081…… Complainant
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.237 of 2013
Between:
Nirmala Tammineni
D/o Mr. Narayana Tammineni,
Aged about 43 years,
R/o Flat no. 202, Sri Sai Nivasam,
H.No. 12-13-528,529, Plot no. 41 & 42
Street no.1, Tarnaka, Hyderabad – 500 017. .. complainant
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.238 of 2013
Between:
Gaurav Chakraborty
S/o Mr. Barun Chakraborty, aed about 33 years,
R/o 215, Lekshmi Narayan Villa,
Opp. Aram Ghar, Shivarampally, Hyderabad .. complainant
And
01. M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties S.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
C.C.239 of 2013
Between:
01.Dr. Chitore Kumar Guha Sarkar
S/o Mr. Chandan Kumar Guha Sarkar, aged about 40 years.
02.Mrs. Keka Guha Sarkar
W/o Dr. Chitore Kumar Guha Sarkar, aged about 39 years,
Both are R/o Flat no. 605, Green My home Rainbow apartments,
8-1-329/1, Tolichowki, Hyderabad – 500 008
( present address Flat # 305, Tulip, Krishna Kunj Gardens,
Quthbullapur, GHMC, RR Dist. Hyderabad) .. complainant
And
01 M/s. Aliens Developers (P) Ltd
Rep. by its Managing Director & Joint Managing Director
Mr. Hari Challa, S/o Mr. CVR Chowdhary &
Mr. C. Venkat Prasanna, S/o Mr. CVR Chowdhary,
Respectively, O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
02. Mr. Hari Challa, S/o Mr. CVR Chowdhary,
Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
03. Mr. C. Venkat Prasanna, , S/o Mr. CVR Chowdhary,
Joint Managing Director, M/s. Aliens Developers (P) Ltd
O/o Flat No. 910, Teja Block,
My Home Navadeepa Apartments, Madhapur,
Near Hitech City, Hyderabad - 500081.
(present addresses of parties s.no. 1 to 3 are at Aliens space station, Tellapur post, Ramachandrapuram Mandal, Medak Dist, Hyderabad
Pin – 502 032.
.. Opposite parties
Counsel for the Complainant : M/s. V. Appa Rao
Counsel for the Opposite parties : M/s. Alluri Krishnam Raju
QUORUM:
HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT
AND
SRI R. LAKSHMINARASIMHA RAO, HON’BLE MEMBER
MONDAY, THE FOURTH DAY OF AUGUST
TWO THOUSAND FOURTEEN
Oral Order : ( As per Sri R. Lakshminarasimha Rao , Hon’ble Member )
****
1. The complaints arise out of identical facts and similar circumstances and as such they are disposed of by common order. The complaint, C.C.No.180 of 2013 is taken as lead case.
2. The case of the complainants in brief is that the opposite party no.1-company,represented to them that they are engaged in the business of multistoried apartments and entered into development agreement with the owners of the land comprised in survey nos. 384, 385 and 426/A situate at Tellapur village ,Ramchandrapur Mandal, Medak district to construct high rise apartments under the name and style of ‘Aliens Space Station’ and obtained permission bearing number HUDA/621/P4/PLG/HUDA/2008 and they would provide all amenities therefor, by the end of December, 2011 with a grace period of 9 months and on such representation of the opposite parties, the complainants entered into agreement of sale for purchase of two Flats, one Flat individually and the other jointly in the first floor of the building.
3. The complainants entered into agreements of reservation in respect of Flat No.154 on 13.06.2010 and Flat No.155 on29.05.2011 including common area and one car parking space together with undivided share of land to the extent of 34.34 sq.yards and 30.79 sq.yards respectively. The basic cost of the Flat No.154 is Rs.24,19,322 and that of the Flat No.155 is Rs.35,13,400/- and the complainants paid a sum of Rs.18,00,000/- in respect of Flat No.155 on 07.07.2011 and they had paid an amount of Rs.12,94,678/- in respect of Flat No.154.The opposite parties had not commenced construction of the Flats even after the stipulated period is expired and there is no possibility of the construction of the Flats as also the opposite parties had not supplied the copies of title deeds and permission. The complainants had sought for return of the amount with interest @18% p.a. and a sum of Rs.2,00,000/- towards compensation and costs of Rs.40,000/-.
4. The opposite parties no.4 to 9 are set exparte.
5. The opposite parties no.1 to 3 resisted the claim on the premise that the complainant filed the complaint to gain out of them breach of contract and the complaint is not maintainable in view of there being no consumer dispute and the arbitration clause in the agreement of sale providing for arbitration. It is contended that the complaint is filed for recovery of money which is not a consumer dispute and that once the agreement is cancelled and account is settled there is no relationship between the parties.
6. The opposite parties submitted that on their application for conversion of agricultural land into non-agricultural land and FTL clearance, permission was granted for conversion of agricultural land into non-agricultural land on 14.04.2007 and FTL clearance was granted on 30.12.2006 and thereafter HUDA earmarked the land as agricultural zone and the opposite patties have filed application for change of use of the land as commercial use zone. The Municipal Administration and Urban Development (I) Department notified the land in survey number 384 as residential use zone. The project could not be commenced in view of proposed road under Master Plan, until realignment of the proposed road without affecting the land in survey number 384 is made. Realignment of the proposed road was approved on 3.04.2008 and the permission was accorded approving the building plan on 11.04.2008. The opposite parties have obtained NOC from the AP Fire Services Department on 15.12.2007 and permission was granted in respect of the building with height of 90.40 meters. The opposite parties obtained NOC from Airport Authority on 10.07.2009.
7. The opposite parties have submitted that HUDA accorded technical approval on 14.10.2009 for ground +20 upper floors and release of building permission up to 29 floors is awaited. The opposite parties have taken all necessary steps to complete the project at the earliest and the project being massive and due to the reasons beyond the control of the opposite parties, the opposite parties could not complete the project within the time frame. The opposite partied informed the complainants about the delay in completion of the project due to delay in clearance from the authorities concerned. In view of arbitration clause the complaint is not maintainable before this Commission.
8. The opposite parties submitted that the opposite parties agreed to pay Rs.3/- per sqft in terms of Clause VIII(g) of the Agreement for the delay caused in completing the project and adjust the amount towards dues payable by the complainants. The opposite parties completed some of the Towers and delivered them to the customers. Unexpected global recession, separate Telangana Agitation and the mass people strike effected the construction which is beyond the control of the opposite parties no.1 to 3.The complainants not bearing with the opposite parties taking advantage of the situation opted to take back their amounts instead of the Flats.
9. The complainants failed to pay balance sale consideration as per the terms of the Agreement. If the complainants cancel the agreement and take back their money, they will forego amount towards cancellation charges and to avoid the loss , they approached this Commission. The opposite parties had taken every care as to the benefit of their customers and incorporated clause in the Agreement as to their liability to pay damages @Rs.3/- per sq.ft. which would show their fairness and the complainants are not entitled to any money or compensation. Hence, the opposite parties prayed for dismissal of the complaint.
10. The first complainant filed his affidavit and the documents, ExA1 to 13. On behalf of the opposite parties, the Joint Managing Director of the opposite parties no.1 to 3 filed his affidavit. The opposite parties had not chosen to file any documents.
11. The points for consideration are:
i)Whether the compliant is maintainable in view of arbitration clause in the agreement of sale?
ii)Whether the complaint is not a consumer dispute?
iii)Whether there is any deficiency in service on the part of the opposite parties?
iv)To what relief?
12.POINT NO.1: The complainants entered in to “Agreement for reservation of Flat” with the opposite party no.1 for purchase of Flats bearing number 154 and 155 in the first floor of ‘Station-9’ proposed to be constructed by the opposite parties no.1 to 3. The Agreements were entered into between the complainants and the opposite parties no.1 to 3 in respect of the Flat No.154 on 13.06.2010 and in regard to the other Flat, viz., flat No.155 the agreement was entered into on 29.05.2011.The agreement of sale provides for reference to arbitration. The learned counsel for the opposite parties has contended that in view of the arbitration clause in the agreement, the complainants cannot maintain the complaint before this Commission. Clause XVIII of the Agreement of Sale provides for deciding the disputes arising under the agreement by arbitration process reads as under:
- This agreement shall be construed according to the laws of India and the legal relations between the Parties hereto shall be binding accordingly.
- That all disputes/issues arising out of and/or concerning this transaction will be subject to the exclusive jurisdiction of the Courts at RANGA REDDY DISTRICT, A.P.
- That all disputes or differences relating to or arising out of or in connection with this agreement shall be mutually discussed and settled between the Parties.
- However, disputes or differences arising out of and or in connection with and or in relation to this transaction/agreement, which cannot be amicably settled, shall be finally decided and resolved by an Arbitrator appointed by Developer in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration as aforesaid shall be a domestic arbitration under the Applicable Laws.
- That the venue of arbitration shall be at Hyderabad andthe language for the Arbitration proceedings shall be English.
13. In terms of the agreement of sale, the dispute has to be decided by means of arbitration. However, remedy provided under the provisions of Consumer Protection Act is an additional remedy and in the light of law laid in “National Seeds Corporation Ltd. Vs. M. Madhusudhan Reddy reported in (2012) 2 SCC 506 wherein the maintainability of the complaint before consumer forum prior to the complainant having exhausted the other remedy was considered as under:
“The remedy of arbitration is not the only remedy available to a grower. Rather, it is an optional remedy. He can either seek reference to an arbitrator or file a complaint under the Consumer Act. If the grower opts for the remedy of arbitration, then it may be possible to say that he cannot, subsequently, file complaint under the Consumer Act. However, if he chooses to file a complaint in the first instance before the competent Consumer Forum, then he cannot be denied relief by invoking Section 8 of the Arbitration and Conciliation Act, 1996 Act. Moreover, the plain language of Section 3 of the Consumer Act makes it clear that the remedy available in that Act is in addition to and not in derogation of the provisions of any other law for the time being in force.”
Thus, in view of the ratio laid in aforementioned decision, the consumer has two options, either to proceed for arbitration process or to invoke the provisions of the Consumer Protection Act. As such it can not be said that the complaint is not maintainable before this Commission in view of the arbitration clause in the Agreement. The point is answered against the opposite parties.
14.POINTSNO.2&3: The opposite parties no.1 and 2 entered into development agreement with the land owners of the land admeasuring 07.10.2006 in survey number 383, 385 and 426A situate at Tellapur village of Ramachandrapurami Mandal, Medak District and they entered into agreement for construction of residential flats in accordance with the terms and conditions contained therein and as per specifications annexed to the Agreement. The Development Agreement is not merely an agreement and in fact it is “Development Agreement –cum-Power of Attorney”.
15. In pursuance of the development agreement, the opposite parties have obtained permission for construction of the residential building in the land and admittedly there has been delay in completion of the project. The opposite parties have attributed the delay on the part of the authorities concerned in granting permission and NOC etc. as the cause for the delay in completion of the project. The opposite parties would contend the cause for delay is beyond their control which is Force Majeure. The first opposite party has stated;
‘The above referred facts clinchingly reveal that the opposite party is committed to the project and taking all necessary steps to complete the project at the earliest. The Project itself is massive project and due to the reasons beyond in its control, the opp. Party could not complete within the time frame. The reasons for delay is project required clearance from statutory bodies which are necessary for execution of the project. The said fact was informed to the complainant and even mentioned in the agreement of sale under clause no. XIV an described as ‘force majeure’ . The above referred facts mentioned squarely fall under the said clause”
16. The Force Majeure Clause in the Agreement of Reservation does not include within its ambit the delay caused in granting permission, NOC etc.,.The opposite parties failed to explain how they could take shelter under the cover of Force Majeure Clause which is extracted below:
THAT if the completion of the apartment is delayed for reasons of “ Force Majure’ which inter alia include delay on account of non-availability of steel, cemnt or any other building material or water supply or electric power back up or slow down, strike or due to dispute with the construction agency employed by the developer , civil commotion or war or criminal action or earthquake or any act of God, delay in certain decision/clearances from the statutory bodies or any notice, order, rule or notification of the Government or any other public or competent authorities or any change in the policy of the Government/statutory bodies or for any other reason beyond the control of the Developer and in any of the aforesaid events, the Develop shall be entitled to a reasonable tension fo time stipulated for delivery of possession fo the apartment. The Developer also reserves the right to alter any other term or condition of allotment in the event of any such contingencies, as aforesaid, and if the circumstance is beyond the control of the Developer”.
The delay caused in obtaining permission or NOC etc cannot be considered as Force Majeure. The opposite parties ought to have informed the complainants about the delay likely to be caused in obtaining the permission. For that matter, the opposite parties cannot receive any sale consideration from any person in respect of any Flat unless they have obtained permission from HUDA or HMDA.
17. The opposite parties have promised to complete construction of the Flat and hand over its possession to the complainants within three years with a grace period of 6 months from the date of the booking. The complainants got issued notice through their advocate on 29.05.2013 with a request to the opposite parties to return the amount. The amount that the opposite parties received from the complainants towards part sale consideration was kept by the opposite parties with them without commencing the construction work of the building.
18. The opposite parties can only receive such amount of sale consideration which would be in accordance with the payment schedule and correspond to the stage of construction of the Flats. However, the opposite parties had received the sale consideration in excess of what was to be received from the complainants particularly the construction of the building was not yet commenced. Not keeping the promise to complete construction of the Building and failure to deliver possession of the Flat as also not keeping promise to refund the amount as per the terms of the repayment schedule constitutes deficiency in service on the part of the opposite parties.
19. The complainant claimed interest @15% p.a. and claim for compensation to the tune of Rs.10,00,000/-. The complainants paid the part sale consideration to the opposite parties with the hope that the would be living in their house; The opposite parties not obtaining the approval of the layout in time as promised their collecting the sale consideration and delaying commencement of construction of the Flats would certainly cause mental tension to the complainant. Taking into consideration the totality of circumstances, this Commission is of the view that the complainants are entitled to refund of the amount with interest thereon and compensation. We are inclined to award interest @15% p.a. on the amount paid and an amount of Rs.1,00,000/-towards compensation to the complainants. However, the complaint against is liable to be dismissed against the opposite parties no.7 and 9 as they are only employees of the opposite party no.1-company.
20. In CC 139 of 2013 the learned counsel for the complainant has placed reliance on the decision of this Commission in CC no. 119 of 2012 dated 18.10.2013 wherein this Commission awarded interest @ 15% pa and an amount of Rs.1,00,000/- towards compensation.
21. In the result, the complaint CC No.180 of 2013 is allowed directing the opposite parties no.1 to 6,and 8 to pay an amount of Rs.30,94,678/- with interest @ 15% p.a from the date of filing the complaint till payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Complaint against the opposite parties no.7 and 9 is dismissed. Time for compliance four weeks.
22. CC No.139 of 2013:
In the result, the complaint is allowed directing the opposite party to pay an amount of Rs.32,50,000/- with interest @ 15% p.a from the date of filing the complaint till payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
23. CC No.203 of 2013: In the result, the complaint is allowed directing the opposite party to pay an amount of Rs.31,31,751/- with interest @ 15% P.A. from the date of filing the complaint till payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
24. CC No. 245 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.22,41,500/- with interest @ 15% p.a from the date of filing the complaint till payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
25. CC No.134 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.32,80,872/- with interest @ 15% p.a from the date of filing the complaint till payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
26. CC No.136 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.14,12,535/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
27. CC No.157 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs. 28,82,601/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
28. CC No.161 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.20,31,231/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
29. CC No.174 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.20,46,409/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
30. CC No.175 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs. 28,74,000/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
31. CC No.176 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs. 28,26,860/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
32. CC No.196 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.18,80,827/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
33. CC No.213 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.28,94,983/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
34. CC No.214 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.19,08,682/- with interest @ 15% p.a from the date last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
35. CC No. 215 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.22,93,887/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
36. CC No.216 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.22,50,000/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
37. CC No.237 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.21,19,085/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
38. CC No.238 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.20,95,501/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
39. CC No.239 of 2013:
In the result, the complaint is allowed directing the opposite parties to pay an amount of Rs.20,15,329/- with interest @ 15% p.a from the date of last payment and a sum of Rs.1,00,000/- towards compensation together with costs of 5,000/-. Time for compliance four weeks.
PRESIDENT
MEMBER
Dated 04.08.2014
( to be continued )
APPENDIX OF EVIDENCE
CC. 180 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 Copy of the agreement for reservation of flat dt. 29.05.2011
Ex.A2 copy of receipt for Rs.3,00,000/- dt. 23.03.2011
Ex.A3 copy of receipt for Rs.5 lakhs dt. 14.5.2011
Ex.A4 copy of receipt for Rs.6,00,000/- dt. 04.06.2011
Ex.A5 copy of receipt for Rs.4,00,000/- dt. 07.07.2011
Ex.A6 copy of statement acknowledging receipt of amounts for Rs.18,00,000/[-
Ex.A7 copy of legal notice dt. 29.05.2013
Ex.A8 copy of agreement of reservation dated 13.06.2010
Ex.A9 copy of receipt for Rs.1,00,000/- dated 08.04.2010
Ex.A10 copy of receipt for Rs.1,50,000/- dt. 05.05.2010
Ex.A11 copy of receipt for Rs.13.06.2010 for Rs.4,4,678/-
Ex.A12 copy or receipt for Rs.6,00,000/- dt. 08.08.2010
Ex.A13 copy of receipt acknowledging the amount of Rs.12,94,678/-
Ex.A14 copy of legal notice dated 29.05.2013
Ex.A15 copy of incorporation certificate dated 21.3.2006
For opposite parties : NIL
C. C. 139 of 2013
WITNESSES EXAMINED
For complainant : None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 Copy of the receipt No. 06649 dated 17.04.2011
Ex.A2 copy of the receipt no. 07672 dated 15.05.2011
Ex.A3 copy of agreement of reservation of flat
Ex.A4 copy of agreement of sale dated 07.09.2011
Ex.A5 customer information sheet
Ex.A6 Tripartite agreement dated 29.11.2011
Ex.A7 sanction letter and loan agreement
Ex.A8 demand letter for release of first disbursement datd 29.11.2011
Ex.A9 e-mail correspondence
Ex.A10 legal notice dated 19.07.2013
Ex.A11 returned RPAD cover dated 25.07.2013
Ex.A12 copy of order in CC No. 119 of 2012 dated 08.10.2013
For opposite parties ; nil
C. C. 203 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 : customer information sheet dated 05.02.2011
Ex.A2 : Receipt dated 05.02.2011 for advance of Rs.12,5,701/- paid by complainant
Ex.A3 : Letter by e-mail dated 07.02.2011by complainant confirming to pay the Principal email after 18 months when opted for SBI Magnum Housing loan
Ex.A4 : agreement of sale deed dated 09.02.2011
Ex.A5 : Memorandum of understanding dated 19.03.2011
Ex.A6 : letter dated nil from opposite party accepting responsibility of bank loan
Ex.A7 : Tripartite agreement dated 02.04.2011
Ex.A8 : payment advice to bank requiring disbursement of part amount of Rs.18,79,050/-.
Ex.A9 : SBI Home loan sanction letter
Ex.A10 : SBI General Long term Home Insurance Policy taken on the flat
Ex.A11 : SBI Home loan Bank statement dated 18.04.2013
Ex.A12 : SBI Home loan Bank statement from 13.4.2013 to 12.09.2013
Ex.A13 : SBI Saving Bank statement up to date up to 09.02.2013
Ex.A14 : SBI Saving Bank statement from 13.03.2013 to 12.09.2013
Ex.A15 : Computation sheet showing interest paid by complainant and part pre-emi interest refunded by opposite party
Ex.A16 : e-mail letter dated 08.06.2011 and 01.12.2011 by complainant on only part
emi interest being refunded by opposite party
Ex. A17 : e-mail letter dated 13.06.2011 by opposite party confirming delayed emi refund and trailing mails
Ex.A18 : e-mail letter dated 19.12.2011 by complainant intimating delayed emi refund and trailing mails
Ex.A19 : e-mail letter dated 01.10.2012 by complainant intimating delayed emi refund and trailing mails
Ex.A20 : e-mail letter dated 20.11.2012 by opposite party accepting cheque bounce
Ex.A21 : e-mail letter dated 01.01.2013 by opposite party confirming delayed emi refund and trailing mails
Ex.A22 : e-mail letter dated 21.12.2012 by complainant protesting telephonic intimation of opposite e party’s intention to stopl re emi from Dec 2012
Ex.A23 : e-mail letter dated 24.12.2012 by complainant responding to first incomplete mail fo opposite party intimating stopping of emi refund as per MOU.
Ex.A24 : e-mail letter dated 21.01.2013 by complainant intimating the applicable emi with interest shall be recovered while making payments
Ex.A25 : e-mail letter dated 23.01.2013 by opposite eparty intimating closure of EMI/ROLI shceme.
Ex.A26 : e-mail letter by complainant 15.7.2013 asking delivery or appropriate action against opposite party
Ex.A27 : e-mail letter dated 18.07.2013 by opposite party confirming commencement after Dec 2014 and offering option to move to other flat
Ex.A28 : e-mail letter by complainant dated 19.07.2013 asking for details of flats available
Ex.A29 : e-mail letter dated 21.7.2013 by opposite party intimating list of flats available for shifting
Ex.A30 : e-mail letter dated 22.7.2013 by the opposite party with the enclosure showing shift cost calculation sheet. Present flat to new proposal flat against request for information on procedure by complainant
Ex.A31 : e-mail letter dated 29.08.2013 sent by complainant to opposite party
Ex.A32 : e-mail by the opposite party informing change of address
Ex.A33 : construction update giving by opposite party in March 2011, February 2012, June, July 2012 and April, May , June 2013.
For opposite parties ; nil
C. C. 245 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement dated 12.05.2012
Ex.A2 copy of home loan APPA 2012-13/SHL dt. 25.5.2012
Ex.A3 coy of receipt dt. 25.5.2012
Ex.A4 copy of g-mail dt.7.10.2013
Ex.A5 latest offer documents made available to the public by the 1st opp. Party
Ex.A6 office copy of legal notice and addendum served n the Ops dt.21.10.2013 & 23.10.2013.
Ex.A7 original copies of registered post receipts & acknowledgeent cards & return cover
Ex.A8 copy of letter of incorporation dt. 21.3.2006.
Ex.A9 Form no. 32
For opposite parties ; nil
C. C. 134 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement dated 22.2.2011
Ex.A2 original cash receipt dt. 2.1.2011
Ex.A3 original cash receipt dt. 17.1.2011
Ex.A4 original cash receipt dt. 21.1.2011
Ex.A5 original cash receipt dt. 11.2.2011
Ex.A6 Mail addressed to complainant dt. 21.2.2012
Ex.A7 photograph of station 11 with compact disc.
Ex.A8 latest offer documents made available to the public by the OP.1
Ex.A9 office coy of legal notice served on the Ops dt. 7.7.2013
Ex.A10 copy of letter of incorporation dt. 21.3.006.
Ex.A11 form no. 32
Ex.A12 original copies of Registered post receipts & acknowledgement cards
For opposite parties; nil
C. C. 136 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 13.06.2009
Ex.A2 copy of receipt dt. 22.7.2007
Ex.A3 copy of receipt dt. 08.10.2007
Ex.A4 copy of receipt dt. 03.06.2009
Ex.A5 copy of receipt dt. 30.06.2009
Ex.A6 Latest offer documents made available to the public by the OP.1
Ex.A7 office coy of legal notice served on the Ops dt. 9.7.2013
Ex.A8 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A9 copy of letter of incorporation dt. 21.3.2006.
Ex.A10 form no. 32
For opposite parties ; nil
C. C. 157 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement dated 23.05.2008
Ex.A2 Copy of receipt dt. 30.05.2008.
Ex.A3 Copy of letter dated 12.05.2009
Ex.A4 Latest offer documents made available to the public by the OP.1
Ex.A5 office copy of legal notice served on the Ops dt. 13.7.2013
Ex.A6 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A7 copy of letter of incorporation dt. 21.3.2006.
Ex.A8 form no. 32
For opposite parties ; nil
C. C. 161 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement dated 29.04.2013
Ex.A2 photostat copy of cash receipts dt. 8.6.2010
Ex.A3 photostat copy of receipts dt. 15.6.2010
Ex.A4 photostat copy of receipt dt. 15.7..2010
Ex.A5 photostat copy of receipt dt. 14.08.2010
Ex.A6 photostat copy of receipt dt.15.09.2010
Ex.A7 photostat copy of receipt dt. 25.09.2010
Ex.A8 Agreement Home loan dt. 8.6.2010
Ex.A9 Latest offer documents made available to the public by the OP.1
Ex.A9 office coy of legal notice served on the Ops dt. 7.7.2013
Ex.A10 copy of legal notice served on the Ops dt. 3.8.2013.
Ex.A11 Original copies of Registered post receipts & acknowledgement cards
Ex.A12 copy of letter of incorporation dt. 21.3.2006.
Ex.A13 Form no. 32.
For opposite parties ; nil
C. C. 174 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement dated 12.06.2008
Ex.A2 Latest offer documents made available to the public by the OP.1
Ex.A3 office copy of legal notice served on the Ops dt. 27.7.2013
Ex.A4 Original copies of Registered post receipts & acknowledgement cards& returned covers
Ex.A5 copy of letter of incorporation dt. 21.3.2006.
Ex.A6 Form no. 32.
For opposite parties ; nil
C. C. 175 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 12.07.2011
Ex.A2 photostat copy of statement of account dt. 30.09.2011
Ex.A3 copy of receipt dt. 01.08.2011
Ex.A4 photostat copy of home loan sanction letter dt. 01.11.2011
Ex. A5 photostat copy loan statement dt. 12.7.2013
Ex.A6 Latest offer documents made available to the public by the OP.1
Ex.A7 office coy of legal notice served on the Ops dt. 23.7.2013
Ex.A8 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A9 copy of letter of incorporation dt. 21.3.2006.
Ex.A10 form no. 32
For opposite parties ; nil
C. C. 176 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 12.07.2011
Ex.A2 photostat copy of statement of account dt. 30.09.2011
Ex.A3 Latest offer documents made available to the public by the OP.1
Ex.A4 office coy of legal notice served on the Ops dt. 23.7.2013
Ex.A5 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A6 copy of letter of incorporation dt. 21.3.2006.
Ex.A7 form no. 32
For opposite parties ; nil
C. C. 196 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 11.11.2011
Ex.A2 photostat copy of letter dated 26.03.3012.
Ex.A3 copy of receipt dt. 26.03.2012
Ex.A4 Latest offer documents made available to the public by the OP.1
Ex.A5 office coy of legal notice served on the Ops dt. 19.08.2013
Ex.A6 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A7 copy of letter of incorporation dt. 21.3.2006.
Ex.A8 form no. 32
For opposite parties ; nil
C. C. 213 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 15.03.2011
Ex.A2 photostat copy of cash receipts dt. 21.4.2011
Ex.A3 copy of receipt dt. 09.06.2011
Ex.A4 photostat copy of agreement home loan 19.4.2011
Ex. A5 Latest offer documents made available to the public by the OP.1
Ex.A6 office coy of legal notice served on the Ops dt. 02.09.2013
Ex.A7 original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A8 copy of letter of incorporation dt. 21.3.2006.
Ex.A9 form no. 32
For opposite parties ; nil
C. C. 214 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 18.04.2009
Ex.A2 photostat copy of receipt dt. 12.04.2009
Ex.A3 copy of receipt dt. 18.04.2009
Ex.A4 copy of receipt dt. 18.04.2009
Ex. A5 copy of receipt dt. 20.05.2009
Ex.A6 copy fo receipt dt. 23.05.2009
Ex.A7 copy of receilpt dt. 28.05.2009
Ex. A8 copy of statement of account
Ex. A9 copy of home loan letter dt. 23.05.2009
Ex. A10 Latest offer documents made available to the public by the OP.1
Ex.A11 office coy of legal notice served on the Ops dt. 08.10.2013
Ex. A12 Original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A13 copy of letter of incorporation dt. 21.3.2006.
Ex.A14 form no. 32
For opposite parties ; nil
C. C. 215 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 copy of agreement of sale dated 02.10.2011
Ex.A2 Photostat copy of letter dt. 23.5.2013
Ex.A3 copy of home loan no.32060040875
Ex.A4 copy of home loan statement of account
Ex. A5 Latest offer documents made available to the public by the OP.1
Ex.A06 office copy of legal notice served on the Ops dt. 29.09.2013
Ex. A7 Original copies of Registered post receipts & acknowledgement cards & returned cover
Ex.A8 copy of letter of incorporation dt. 21.3.2006.
Ex.A9 form no. 32
For opposite parties ; nil
C. C. 216 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 photostaat copy of agreement dated 10.03.2011
Ex.A2 photostat copy of cash receipts dt. 16.2.2011
Ex.A3 photostat copy of receipt dt. 16.2.2011
Ex.A4 photostat copy of home loan agreement dt. 14.5.2011
Ex.A5 home loan statement of account 14.12.2012
Ex.A6 Latest offer documents made available to the public by the OP.1
Ex. A7 office copy of legal notice served on the opposite parties dt. 3.10.2013.
Ex.A8 Original copies of Registered post receipts & Acknowledgement cards & return cover
Ex.A9 copy of letter of incorporation dt. 1.3.2006.
Ex.A10 form no. 32.
For opposite parties ; nil
C. C. 237 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 photostaat copy of agreement for reservation of flat dt. 22.11.2006
Ex.A2 photostat copy of agreement of sale dt. 15.6.2006.
Ex.A3 photostat copy of receipt dt. 17.08.2006.
Ex.A4 photostat copy of receipt dt. 22.11.2006
Ex.A5 photostat copy of cash receipts dt. 28.22.2006.
Ex.A6 photostat copy of receipt dt. 13.1.2007.
Ex.A7 Latest offer documents made available to the public by the OP.1
Ex.A8 office copy of legal notice served on the opposite parties dt. 12.10.2013.
Ex.A9 Original copies of Registered post receipts & Acknowledgement cards & return cover
Ex.A10 copy of letter of incorporation dt. 21.3.2006.
Ex.A11 form no. 32.
For opposite parties ; nil
C. C. 238 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 photostat copy of agreement of sale dt. 15.42009
Ex.A2 photostat copy of cash recepts dt. 31.3.2009
Ex.A3 photostat copy of receipt dt. 09.04,.2009
Ex.A4 photostat copy of receipt dt. 13.5.2009.
Ex.A5 Home loan agreement dated 8.6.2009
Ex.A6 Home Loan statement of account dt. 13.5.2013
Ex.A7 Latest offer documents made available to the public by the OP.1
Ex.A8 office copy of legal notice served on the opposite parties dt. 11.10.2013.
Ex.A9 Original copies of Registered post receipts & Acknowledgement cards & return cover
Ex.A10 copy of letter of incorporation dt. 21.3.2006.
Ex.A11 form no. 32.
For opposite parties ; nil
C. C. 239 of 2013
WITNESSES EXAMINED
For complainant ; None
For opposite parties : None
EXHIBITS MARKED
For complainant
Ex.A1 photostat copy of agreement of sale dt. 11.5.2009.
Ex.A2 photostat copy of receipt dt. 04.05.2009
Ex.A3 photostat copy of receipt dt. 16.11.2009
Ex.A4 copy of home loan letter dt. 16.06.2009
Ex.A5 copy of home loan statement dt. 03.07.2010
Ex.A6 Latest offer documents made available to the public by the OP.1
Ex.A7 office copy of legal notice served on the opposite parties dt. 09.10.2013.
Ex.A8 Original copies of Registered post receipts & Acknowledgement cards & return cover
Ex.A9 copy of letter of incorporation dt. 21.3.2006.
Ex.A10 form no. 32.
For opposite parties ; nil
PRESIDENT
MEMBER
Dated : 04.08.2014.
