Telangana

Khammam

CC/45/2014

Kalathoti Grace, W/o. S.P.N. Kishore Kumar, khanapuram haveli, Khammam - Complainant(s)

Versus

1. M/s. Sree Sree Constructions, Sree Sree Plaza, Opp H.no.4-2-688/2, Mamatha Hospital Road, Khana - Opp.Party(s)

Sri.Patibandla sanjaykumar

02 Jul 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

Dated this, the 2^nd day of July,2018

                                 CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc. LL.M.,}– President

                             2. Sri. Kiran Kumar_{, B.Sc., LL.M.} – Member

C.C. No.45/2014

Between                              

Kalathoti Grace, W/o. S.P.N. Kishore Kumar, Age: 55 years,

Occu: Teacher, R/o. H.No.4-2-310, Srinagar Colony, 2^nd lane,

Khanapuram Haveli, Khammam, Khammam District.                …Complainant

 

                             And

1. M/s. Sree Sree Constructions, Sree Sree Plaza,

Opp: H.No.4-2-688/2, Mamatha Hospital Road,

Khanapuram Haveli, Khammam Corporation.

 

2. Donthamala Sudha Rani, W/o. Ramakrishna,

Age: 40 years, Occu: Business, R/o. Flat No.301,

Sree Apartments, Opp: H.No.4-2-688/2, Beside Sree Sree Plaza,

Mamatha Hospital Road, Khanapuram Haveli, Khammam Corporation, Khammam District.

 

3. Gangi Rambabu, S/o. Satyanarayana, Age: 42 years, Occu: Business, C/o. Sree Sree Plaza, Opp: H.No.4-2-688/2, Mamatha Hospital Road, Khanapuram Haveli, Khammam Corporation.

 

4. Sami Reddy Damodar Reddy, S/o. Venkata Reddy, Age: 62 years,

Occu: Business, R/o. H.No.10-4-148/B, Mamillagudem, Khammam Corporation, Khammam District.                               …Opposite Parties

 

        This C.C. is coming before us for hearing in the presence of                        Sri Patibandla Sanjay Kumar, Advocate for Complainant; and of                       Sri. M.K.Jaleel, Advocate for Opposite Parties Nos.1,2,3 and 4; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-

                                     

ORDER

(Per Sri P. Madhav Raja, President)

                                    

         This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

1.       The set of brief facts in the complaint are that the complainant is working as teacher and  on offering of the Opposite Parties, she had purchased semi-finished Flat bearing No.106 in Sree Sree Plaza Apartment, which is situated in Survey No.118 of Khanapuram Haveli Village, presently located in Khammam Municipal Corporation by paying sale consideration of Rs.15,00,000/- to the Opposite Parties.  The complainant entered in to the sale agreement on 01-01-2012 with the Opposite Parties and Opposite Parties assured with the agreement that they can finish the construction of the said flat within (12) months and handed over the said flat as a complete dwelling flat, but the Opposite Parties have not finished the work till to date and the said flat No.106 has not handed over the same to her.  On making several rounds the Opposite Parties are shown deaf ear and also threatened the complainant.  Due to which the complainant was incurring loss of Rs.12,000/- per month. The complainant got issued legal notice through Registered Post with Acknowledgment due to the Opposite Parties, the Legal Notice of Opposite Party No.3 was returned as unserved and Opposite Party No.1 gave evasive reply with false and baseless allegations.  The complainant had suffered lot of mental agony along with pecuniary loss and liable to get rents from 01-01-2013 and damages of Rs.3,00,000/- towards mental agony, suffering and handover the finished flat No.106 with the specifications as mentioned in C schedule of the agreement.   In spite of Legal notice the Opposite Parties have not complied as demanded.  Therefore the complainant filed this complaint praying to pay Rs.2,64,000/- towards loss of monthly rents, Rs.3,00,000/- towards mental agony and Rs.12,000/- per month rents till handed over of the flat to the complainant and complete the work as per approved plan with all common civic amenities and facilities required thereof and handover the well finished flat No.106 with all specifications as mentioned in C schedule of the agreement to the complainant along with Occupancy Certificate obtained from the competent Authority.

 

2.       In support of their contention the complainant filed I.A. No.114 of 2014 praying to appoint an Advocate Commissioner to note down the physical features, work progress in flat No.106 of the said Apartment.  I.A. was allowed and               Sri B. Srinivasa Rao Advocate appointed as Commissioner and filed Repot, which is marked as Ex.C1 and  Photographs (29) in number, which are marked as Ex.C2.

 

3.       The complainant also filed I.A.No.87/2016 for receiving of the documents, which was allowed and received the documents, which were marked as Ex.A1. The complainant has filed documents i.e. Survey Report  detailed cum abstract estimate (as per Government SSR 2016-17) estimated by M. Sheshagiri Rao, Licensed Surveyor, Municipal Corporation, Khammam through I.A.No.52/2018, which was allowed and marked as Ex.A2 to Ex.A10.

 

4.      In support of her averments and contentions, the complainant filed the following documents, which are marked as Exhibits A-1 to A-10.

 

Ex.A-1 is the Photocopy of Agreement of sale.

Ex.A-2 is the photocopy of stamped documents mentioning of the witnesses.

Ex.A-3 is the legal notice dt:18-10-2014.

Ex.A-4 is the postal receipts (4) in number

Ex.A-5 is the acknowledgments (3) in number

Ex.A-6 is the postal cover

Ex.A-7 is the Reply notice dt:27-10-2014

Ex.A-8 is the colour photographs (6) in number.

Ex.A-9 is the Attested copy of Detailed cum Abstract Estimate of Licensed Surveyor.

 Ex.A-10 is the Attested copy of Detailed cum Abstract Estimate of Licensed Surveyor.

 

5.       On receipt of notice, the Opposite Party Nos.1, 2, 3 and 4 appeared through their Counsel and filed Written Version/ Counter.  They denied the averments of the complainant other than admitted in their counter. The Opposite Party No.1 is the company and the complainant got sale registration of the said flat, the sale agreement dt: 01-01-2011 is bad as the signature of G. Ram Babu has been forged, for which the Opposite Parties initiated complaint with the Police against the complainant.  The complainant had created lot of problems while the work was in progress and made false promise that she will pay extra amount for carrying out changes in wall structures, bath rooms, teak wood, extra racks and windows, of  her choice, work was completed and it can be easily compared with other flats. After getting the work done as promised, to make payment for extra work, she had denied to pay and abused the Opposite Parties in filthy language also threatened with dire consequences.    Immediately the Opposite Parties lodged a complaint with the Police, which is still pending.  The work of flooring was also stalled as the complainant is insisting for marble stones instead of tiles, for which she again made a promise to pay extra amount, but the Opposite Parties are not inclined to believe her version as have suffered lot and requested the complainant to clear the due of Rs.1,00,000/- for extra work done and also repay the amount of Rs.80,000/-, which  has taken for registration so as to enable the Opposite Parties to complete the work.  The Opposite Parties are prepared to complete the work within the 15 days.  The Opposite Parties have taken construction work from Roopa Builders as they have failed to complete the work and after taking over the construction of work, there was a problem in taking loans and also delay in obtaining the permissions from Hon’ble District Court, Khammam. Thereafter Roopa builders also initiated a suit against the Opposite Parties and obtained interim orders, in spite of all, the Opposite Parties continued the work and lived up to the expectations of the respective flat owners.   All the flats are almost ready for occupation except the flat of the complainant, who have been obstructing the construction activities. For instance all the flats flooring is completed, but the complainant did not allowed the flooring work to be done due to demanding the tiles of her choice to be laid, which is impossible as it is beyond the budget allotted to each flat and she is not even to prepared to pay extra cost.  By threatening, got constructed the bath rooms in wash area and now demanding the  sanitary pipes be removed and insisting to construct the bath rooms in the common area, which cannot be  entertained as that would cause hardship to  adjacent  flat owners, she had fixed ventilator  in the bath room, which is facing adjacent flat, as such she has created problem with all the  flat owners.  Therefore it is prayed that the complaint is dismissed with exemplary costs.

 

6.       In support of Opposite Parties averments did not file any documents.

 

7.       The Advocate Commissioner filed a report and the following documents are marked as Ex.C1 to Ex.C3.

Ex.C-1 is the Commissioner Report

Ex.C-2 is the colour photographs (29) in number.

Ex.C-3 is the C.D.

 

8.       Upon perusing the material papers on record, now the points that arose for

         Considerations are,

 

(i)  Whether the complainant is entitled as prayed for?

(ii) To what relief?

 

Point No.(i):-  On perusal of the material available on record, it is an admitted fact that the complainant had purchased semi finished flat.  The complainant has entered into an agreement of sale for semi finished flat on 01-01-2012 in Khammam with Opposite Parties by paying Rs.15,00,000/- for semi finished flat No.106 in first  floor with built up area 1121.006 sq.ft along with undivided share with car parking area of 10 sq.yards out of 1108 sq.yards equivalent to 927-24 sq.m in Sy.No.118 Khanapuram Haveli, Khammam District. The Opposite parties have contended in their counter that the sale agreement dt:01-01-2012 is bad as the signature of G. Ram Babu has been forged for which the Opposite parties initiated a criminal proceeding. The opposite parties have not substantiated this contention with documentary proof  and no proper evidence has brought in favour of their contention and at the same time, they have failed to substantiate their contentions that the complainant had made false promise that she will pay extra amount for carrying of changes in wall structures, bath room, extra racks and window  of her choice and has to pay Rs.1,00,000/- as an extra amount and also to pay back Rs.80,000/- which she has taken for registration. Further it has been observed  through Commissioner’s Report that apartment is under construction and lift was not erected. The construction and finishing work in the flat No.106 is not completed, total construction work in flat No.206 almost all the work is completed. The  Advocate commissioner had obtained 29 photographs along with CD of the respective flats in support of his report. This Report clearly reveals that there is difference of construction in the said flat of 106 and 206, the 106 flat is not completed whereas 206 flat works are completed, lift and other works have not finished. The Opposite parties counter reveals that the complainant herself has obstructed and stalled the work of flooring with her own choice due to which they could not complete the work. Further they contended in very clear words that if she allows as per schedule or if she pays extra  amount for tiles and marbles the Opposite parties would finish the work as per her choice and handed over the said flat within 15 days.  Here, it is very clear that due to some misunderstanding between the Opposite parties and complainant, the work was not finished/completed in the Flat No.106. The complainant pleaded that she would get monthly rent from the date of sale agreement i.e. dt:01-01-2011.   But, in the agreement there is no such recital witnessed between both the parties except that payment of damages and also mentioned in the clause No.4 that the developer/vendor assured the purchaser that the said property shall be in accordance with approved sketch plans designs as per the specification mentioned in the  C- Schedule, which shall be read as part of the sale agreement and construction of the said property shall entirely completed within 12 months with all common civic amenities and facilities required thereof. The complainant had got estimated the left over works with licensed surveyor Municipal Corporation of Khammam by name M. Sheshagiri Rao and filed detailed cum Abstract estimate issued as per government assessor 2016-17 i.e. Ex.A-10, which shows the remaining and balance work of said flat and it is estimated for Rs.2,01,630/-.   In the stated circumstances it is very clear that there is a balance and unfinished work for the said flat and Opposite parties are bound to complete the remaining /balanced left over work in the said flat.  Therefore we are in view of that the opposite parties have to complete the left over work as per C-Schedule of the sale agreement dt:01-01-2012 and  handover the total finished constructed flat No.106 to the complainant with authorized occupancy certificate. The point is answered accordingly in favour of the complainant.

 

 

Point No.(ii):- It is admitted fact that the Opposite parties have to hand over the said flat within (12) months from the date of sale agreement and failed to establish  Force Majeure. Therefore they are liable to finish and complete the construction work of the flat No.106 of Sree Sree Plaza.   As per clause 4 of the sale agreement dated 01-01-2012 the complainant is entitled for damages. She was deprived for lack of shelter for more than five years and the complainant prayed to order monthly rents to be borne by the opposite parties but no where payment of rents for the non delivery possession period of the flat was mentioned except damages. As from 01-01-2013  the complainant was out of own house dream and forced to be out of own flat though she paid total sale consideration for which the complainant is entitled of Rs.1,50,000/-towards damages. The point is answered accordingly in favour of complainant.

 

9.  In the result the complaint is allowed in part, directing all the Opposite parties i.e. 1 to 4 jointly and severally to pay Rs.1,50,000/-to the complainant towards damages and compensation and also directed to complete the construction work to the flat No.106 of Sree Sree Plaza and hand over it to the complainant with Occupancy Certificate obtained from the concerned Authority within (30) days from  the date of this order and further directed to pay Rs.10,000/- towards costs of the litigation to the complainant. In the event of failure to comply with the order in payment of compensation and litigation cost, the amount shall carry interest @ 9% p.a. from date of complaint till its realisation.

(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum, on this the 2^nd  day of July, 2018).

                                                                                       

                               

                    Member                           President

                                                          District Consumer Forum, Khammam.

 

                                APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite parties  

       None                                                                          None

                                   DOCUMENTS MARKED:-

For Complainant                                                    For Opposite parties

   

Ex.A-1	is the Photocopy of Agreement of sale.		Nil
Ex.A-2	is the photocopy of stamped documents mentioning of the witnesses.
Ex.A-3	is the legal notice dt:18-10-2014.
Ex.A-4	is the postal receipts (4) in number
Ex.A-5	is the acknowledgments (3) in number
Ex.A-6	is the postal cover
Ex.A-7	is the Reply notice dt:27-10-2014
Ex.A-8	is the colour photographs (6) in number.
Ex.A-9	is the Attested copy of Detailed cum Subtract Estimate of Licensed Surveyor.
Ex.A-10	is the Attested copy of Detailed cum Subtract Estimate of Licensed Surveyor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioner Report:

Ex.C-1 is the Commissioner Report

Ex.C-2 is the colour photographs (29) in number.

Ex.C-3 is the C.D.

                 

                      Member                         President

                                                          District Consumer Forum, Khammam.