Andhra Pradesh

Nellore

CC/76/2014

Battu Chitti Babu Son of Chittaiah - Complainant(s)

Versus

Asst General Manager Sales M/s Alliens Developers Pvt Ltd - Opp.Party(s)

M.Ramachandrareddy

29 Jul 2015

ORDER

Date of filing      :  14-05-2013

Date of Disposal :  29-07-2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                  Wednesday, this the   day of 29th JULY, 2015.

 

          PRESENT:  Sri M.Subbarayudu Naidu, B.Com., B.L., LL.M.,

                                President(FAC),

                                      Sri N.S.Kumara Swamy,B.Sc. LL.B., Member

                             

                      C.C.No.76/2014

 

Battu Chitti Babu,

S/o.Chittaiah,

Working in APSRTC,

Zonal Staff Training College,

Kakuturu, Nellore District        

19-2-112, Dargamitta, Nellore.                                   …  Complainant

 

                 Vs.                                                                    

1. Asst.General Manager, (Sales)

M/s.Alliens Developers Pvt.Ltd.,

Flat No.910, Teja Block, My Home

Nawadeepa, Madhapur, Hyderabad.81

 

2. Senior Manager (Sales)

M/s.Aliens Developers Pvt.Ltd.,

Flat No.910, Teja Block,

My Home Nawadeepa, Madhapur,

Hyderabad – 81.

 

3. M/s.Aliens Developers Pvt.Ltd.,

Rep. by its Manager branch

Flat No.910, Teja Block, My Home Nawadeep,

Madhapur, Hyderabad – 81.                                      … Opposite parties

 

This matter coming on 16-07-2015 before us for final hearing in the presence of Sri M.Ramachandra Reddy, Advocate  for the  complainant and the opposite parties remained absent and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                          (BY SRI N.S.KUMARA SWAMY, MEMBER ON BEHALF OF THE BENCH)

        This consumer case is filed against the opposite parties 1 to 3 to direct them to pay Rs.50,000/- with interest @24% p.a., from the date of the  issuing cheque dated 13-02-2011 till the realization, to pay a sum of Rs.10,000/- towards damages for deficiency in service, mental agony and  grant costs of this complaint and grant such other reliefs as are deemed fit and proper in the circumstances of this case.

2.  The above said complaint filed with delay condonation petition in I.A. 164/2014 on the file of this Forum under section 24(A) of Consumer Protection Act and the same was allowed on 05-11-2014.

3.    The brief averments of the complainant are that he booked a flat bearing No.6358 measuring 1344 sq.ft. comprised in Sy.No.384 and 385 of Tallapur area, Gutchibouli, Hyderabad from the opposite parties and issued cheque on 13-02-2011 bearing No.913791 drawn on State Bank of India, Hyderabad in favour of M/s.Aliens Developers (P) Ltd., for Rs.50,000/- towards advance for the said booking, which was encashed by the 1^st opposite party on 19-02-2011.  The complainant with repeated requests to the opposite parties addressed a letter dtd.15-10-2011 requesting them to supply the copies of relevant documents relating to the flat such as, office documents, scheme proposal documents, advance paid documents, sale document, title deed of site, Link document, EC for 12 years, estimates copy of plan approval copy. But they did not choose to furnish the documents by the opposite parties and finally he got issued registered legal notice dated 11-03-2013 requesting to furnish the above said documents or otherwise to refund the advance amount of Rs.50,000/- with interest 24% p.a., from the date of the issuing cheque  i.e., 13-02-2011 within 10 days from the date of receipt of notice., Despite receiving the said notices they did not respond. Hence, the complaint for deficiency in service.

4.  Notices sent to opposite parties 1 to 3 which were returned with endorsement “as parties left”.  Subsequently, substitute service by way of paper publication published in Eenadu, Hyderabad local edition (Malapur).  Service held sufficient.    On 01-04-2015, when the opposite parties 1 to 3 called they were absent continuously till the date of orders reserved.  No representation on their behalf.    Hence,  treated as no defence on the side of opposite party.

5.    On the other hand, the complainant filed chief affidavit and marked Exs.A1 to A4.  Heard the learned counsel for the complainant and proceeded with as there was no contest on the side of the opposite parties, perused the material papers on record.

6.  The points for determination would be :

      (i) Whether there is any deficiency of service on the part of Ops?

          If so, whether the complainant is entitled for relief as prayed for?

      (ii) To what relief?

7. POINT No.1: The complainant is a consumer within the meaning of Consumer Protection Act.  In the present case, as seen from the evidence on affidavit placed by him would clearly go to shows that complainant booked a flat with the opposite parties. The complainant remitted an advance of Rs.50,000/- by way of cheque bearing No.913719  which was transferred to Alliens Developer, bearing No.030851222319 which is Ex.A1.  The opposite parties have also received and also en-cashed the same and thereby an amount of Rs.50,000/- paid by the complainant which was disclosed through his bank pass book entries.

8)  As per the terms of the contract, the opposite parties are bound to furnish the documents duly authenticated to the complainant.    It is also reveals from the record that the opposite parties have not fulfil their part of obligation.  Inspite of making representation in this regard, the opposite parties have kept quite without moving the matter.  The complainant because of inaction on the side of the opposite parties, confined to issue legal notice dated 11-03-2013 under Ex.A3, demanding the opposite parties to furnish the required documents.  Having received the legal notice by the opposite parties under Ex.A4, they did not comply with the demand contained in the said notice.  Long silence and inaction on the part of the opposite parties would certainly amounts to deficiency in service. Unscrupulous traders after taking booking amount of the flat does not performed its part of obligation should not be spared. 

9).   Generally, a common man used to purchase flat as a customer from a developer by expecting that the purpose for which the flat purchased will serve the fulfilments of their desires.  If they failed to purchase the flat due to fraudulent behaviour of the traders in any event the very purpose of his desire will be defeated and the consumer will be put to great hardship.  In the instant case, the complainant advanced an amount of Rs.50,000/-  for purchase of flat to the opposite parties but the said opposite party did not respond to the required materials and vacated the premises of their office residence without any intimation to the complainant.  Such type of attitude on the part of opposite parties should not be encouraged, if the said attitude is continued to be allowed definitely consumer will lose confidence on purchase of flats and it is also affects the goodwill of business at large.  We find no bonafides on the part of opposite parties as they have not placed any material contrary to the evidence placed by the complainant for which the complainant cannot be penalised.    Therefore, the complainant is entitled for refund of the amount advanced with interest. 

10.  Further, with regard to the compensation it is to be considered how much compensation is entitled apart from payment of refund of advance amount?

11.  The complainant claimed for a direction to the opposite parties for payment of damages of Rs.10,000/- for mental agony and negligence committed by the Opposite parties due to deficiency in service.  In order to obtain, a direction for compensation of Rs.10,000/- the complainant has to establish the mental agony and sufferings said to have been caused to him.  It is not the version of the complainant that he suffered mental agony or his ill-health was affected due to the acts of opposite parties.  Merely, because opposite parties did not choose to contest the claim of the complainant, the complainant would not automatically entitled to whatever amount claimed in the complaint.  The complainant would not be entitled for payment of exorbitant compensation of Rs.10,000/-, as claimed.  An amount of Rs.5,000/- appears to be the reasonable amount of compensation besides the costs of Rs.2,000/-.  Therefore, the complainant is entitled to refund of Rs.50,000/- and Rs.5,000/- towards compensation besides the costs of Rs.2,000/-.  Accordingly, the point No.1 is answered.

POINT No.2.  In the result, the complaint is allowed  directing the opposite parties 1 to 3 are jointly and severally liable to refund advance amount of Rs.50,000/- (Rupees fifty thousand only) together with interest  @9% p.a., from the date of the complaint i.e., 14-05-2013 till the date of payment.  The opposite parties are also further directed to pay compensation of Rs.5,000/- (Rupees five thousand only) besides the costs of Rs.2,000/- (Rupees two thousand only).  In default of payment of above said amounts, the complainant shall be at liberty to take appropriate legal proceedings for recovery of the amounts.

Typed to the dictation to the stenographer and corrected and pronounced by us in the open Forum this the 29th day of JULY, 2015.    

 

              Sd/-                                                                          Sd/-

         MEMBER                                                                 PRESIDENT(FAC)

  APPENDIX OF EVIDENCE

 

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

05-05-2015

:

Battu Chitti Babu, S/o.Chittaiah, Hindu, aged about 54 years, Now working in APSRTC., Zonal Shop Training College, Kakuturu, Nellore District.

 

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

 

N I L

              

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	-	:	Photostat copy of bank pass book entries statement regarding cheque bearing No.913719, State Bank of India.
Ex.A2       Ex.A3     Ex.A4	15-10-2011       11-03-2013     -	:       :        :	Letter addressed by the complainant to M/s.Alliens Developers Pvt. Ltd., Hyderabad.     Registered lawyer notice got issued to the opposite parties 1 to 3 by the advocate for complainant.   Served postal acknowledgements to the opposite parties 1 and 2.

EXHIBITS MARKED FOR OPPOSITE PARTIES:                      

• N I L -

                                                                         Id/- 

                                                                  PRESIDENT(FAC)

 

 

Copies to:

1. Sri M.Ramachandra Reddy, Advocate, Nellore.

 

2. Sri Asst.General Manager, (Sales)

M/s.Alliens Developers Pvt.Ltd.,

Flat No.910, Teja Block, My Home

Nawadeepa, Madhapur, Hyderabad.81

 

3. Senior Manager (Sales)

M/s.Aliens Developers Pvt.Ltd.,

Flat No.910, Teja Block,

My Home Nawadeepa, Madhapur,

Hyderabad – 81.

 

4. M/s.Aliens Developers Pvt.Ltd.,

Rep. by its Manager branch

Flat No.910, Teja Block, My Home Nawadeep,

Madhapur, Hyderabad – 81.                            

 

 

Date when order copies are issued: