This Complaint coming up before us for hearing on 02-11-11 in the presence of Sri M.V.V.S. Raju, advocate for complainant and of              Sri T. Abraham Lincoln, advocate for opposite party, upon perusing the material on record after hearing both sides and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint under section 12 of the Consumer Protection Act seeking a direction to the opposite party to execute a regular registered sale deed with the amount already paid or to return Rs.3,00,700/- besides costs.

1. The averments of the complaint in brief are hereunder:

The complainant on 27-11-2006 became a member/subscriber of the opposite party and paid Rs.25,000/- initially to the opposite party.    The opposite party issued pass book in favour of the complainant.   Thereafter the complainant paid installments regularly.  In all the complainant paid Rs.1,70,000/- towards cost of the plot and Rs.20,000/- towards registration charges. All the payments were incorporated in the pass book.  After completion of the said period the opposite party never showed the existed plots for allotment.   The opposite party did not prepare layout.   The opposite party did not obtain any permission from the VUDA authority.   The opposite party is demanding excess amount towards development charges, UDA approval charges, formation of roads.  The opposite party never informed the same at the time when the complainant joined as a member.   The opposite party did not incline to execute a register sale deed in favour of the complainant.   The opposite party kept quite though received notices from the complainant.    The conduct of the opposite party amounted to deficiency of service.   On account of such attitude the complainant was put to mental agony, pain and suffering and is entitled to claim Rs.10,000/- as damages.   The complaint therefore be allowed.

3.      The contention of the opposite party in brief is hereunder:

        The complainant took plot in Sai Krishna –III Venture.   Each plot measures 200 sq. yrds. The complainant paid Rs.1,90,000/- towards cost of the plot.   The opposite party allotted a pass book bearing No.300.   The opposite party gave priority to allot the plots who paid the entire amount regularly or fully.  The opposite party stated to the complainant that plots will be developed after completion of the scheme period of three years.   The opposite party will register plots to the complainant or any customer after they satisfying all the documents and link documents.  Priority plot 74 was given to pass book holders 297 & 298 while plot No.75 was given to pass book holders 299 and 300 measuring each 400 sq. yards.   On 26-07-10 the opposite party required the complainant to choose plots according to her will.   The GPA holder of the complainant visited the plots and verified all the plots along with family and on behalf of other pass book holders.   The opposite party had shown 1500 sq. yards site to the complainant.   But the complainant selected 800 sq. yards only and requested the opposite party to grant time to chose.   Subsequently the complainant did not inform any thing to the opposite party though knew the phone number.   The complainant’s instability mind created inconvenience to the opposite party as he was unable to choose plots.    The opposite party developed the venture within the rules and regulations of VGTM.   VGTM issued LP No.E2/2006/2010.    The development work is going in the plots.    The complainant requested the opposite party for all documents relating to the plots.   It is not possible to furnish all the documents.   First of all the complainant has to choose which type of plots they will take.   After that the opposite party will furnish the concerned documents relating to that plot.   The opposite party informed to the complainant that the registration of plots is going on and requested the complainant to choose her plot.   But the complainant did not come forward to choose her plot.    The opposite party guaranteed to the amount paid by the complainant or any customer.   The opposite party temporarily fixed the development charges at Rs.200/- per sq. yard initially.  At present the development charges per sq. yards is Rs.500/-.   The same was mentioned in the pass book.    In column number 12 of the pass book it was mentioned that an additional sum of Rs.50/- per sq. yards towards development charges and east facing plot bears Rs.50/- per sq. yard and registration of Rs.100/- per sq. yard.   The complainant chose the first 200 sq. yards plot east facing and corner plot.   Therefore the complainant has to pay Rs.700/- per sq. yard inclusive of registration charges. The complainant is not entitled to get the relief sought.   The complaint therefore be dismissed.

4.   Exs.A-1 to A-4 and Exs.B-1 to B-25 were marked on behalf of the complainant and opposite party respectively. 

5.     Now the points that arose for consideration in this complaint are:

1. Whether the opposite party committed deficiency of service?
2. Whether the complainant is entitled to claim compensation?
3. To what relief?

6.   Admitted facts in this case are these:

        1.   The complainant is a member of the venture Sai Krishna                     Nagar-III and the opposite party issued pass book bearing                  No.300 (Ex.A-1).

        2.   The complainant paid Rs.1,90,000/- (Ex.A-4 receipts).

        3.   The complainant got issued notices to the opposite party                                     (Ex.A2&A3 = Ex.B-1&B3).

        4.   Exchange of notices between the parties to the complaint                    (Exs.B-5 and B-6).

7.    POINT No.1:-     The complainant is daughter-in-law of the complainant in CC 82 of 2011.    Ex.A-1 pass book was issued by the opposite party.   Ex.A-1 therefore amounted to a contract between the complainant and the opposite party.  Corner plot No.75 in HIG sector measuring an extent of 400 sq. yards in Sai Krishna Nagar-III group was allotted to the complainant herein and the complainant in CC 84 of 2011.   

8.     An amount of Rs.200/- per sq. yard was tentatively fixed towards development charges and fees payable to VGTM UDA as per clause 7 of Ex.A-1.   The persons opting corner plot has to pay extra sum of Rs.50/- per sq. yard and the persons opting for east facing plot has to pay extra sum of Rs.50/- per sq. yard as per clause 12 of Ex.A-1.  

9.     Clauses 15 and 16 of Ex.A-1 are extracted below for better appreciation:

10.    The subscribers of opposite party have no occasion to verify its documents before becoming a member and they have to pay the monthly installments irrespective of final lay out being approved, land conversion.    Clause 15 of Ex.A-1 leads us to draw an inference that lay out was not approved when the scheme was started by the opposite party.  

11.     Clause 8 of Ex.A-1 reads as follows:

        The above clause leads us to draw an inference that the opposite party is not sure when it acquires title to the survey Nos.474/1 & 2, 492/1 & 3, 493, 541, 542, 548, 549, 551 and others  (as mentioned in Ex.A-1).    It also further leads us to drawn an inference that the opposite party had no title to the above survey numbers at the time of announcing the scheme.  

12.    The plot priority number 75 was allotted to the complainant herein and complainant in CC 84 of 2011 as seen from Ex.A-1.    In para 7 of its version the opposite party mentioned

                “It is further submitted the opposite party developed the venture within the rules and regulations of VGTM and also VGTM issued the LP No.E2/2006/2010 as per the VGTM, UDA the opposite party development work is going in the plots. And further the complainant requested the all documents relating to the plots it is not possible to furnish the all documents.   Because first of all the complainant chose which kind of plots they will take.  After that the opposite party furnished the concerned documents relating choosing plots”.  

13.   The above averments clearly revealed that the opposite party has not inclined to show all the documents relating to the survey numbers mentioned in Ex.A-1 pass book even after payment of entire amount.   Such an attitude from the opposite party is not expected from any subscriber or member. 

14.    The complainant sought the relief of execution of regular sale deed with the amount he contributed or to return the amount together with interest @18% p.a.   But in her affidavit the complainant sought return of amount together with interest only. The opposite party expressed its willingness to register plot provided the complainant paying Rs.500/- per sq. yard towards development charges, Rs.50/- per sq. yard towards east face plot and Rs.50/- per sq. yard towards corner plot and Rs.100/- per sq. yards towards registration.   The complainant is not willing to pay Rs.700/- per sq. yard as seen from his affidavit. 

15.   We already observed that the opposite party has no title to the survey numbers mentioned in Ex.A-1 pass book and not sure of when it acquires title, not got the plan approved at the time of starting the scheme or getting the members joined.   Clauses 8, 15 and 16 of Ex.A-1 in our considered opinion amounted to unfair trade practice and thereby came under the purview of deficiency of service.   The complainant choosing for return of amount though sought the relief of registration of regular sale deed in the alternative is justified.    We therefore opine that the opposite party has to return the amount of Rs.1,90,000/- together with interest @12% p.a.    For the discussion made supra we answer this point in favour of the complainant.  

16.  POINT No.2:-    The conduct of the opposite party can be gathered by the terms and conditions mentioned in the Ex.A-1.   The complainant claimed Rs.10,000/- as damages towards mental agony, pain and suffering.   The amount claimed by the complainant therefore is justifiable.   We therefore answer this point in favour of the complainant.

17.  POINT No.3:-    In view of above findings, in the result the complaint is partly allowed as indicated below:

1. The opposite party is directed to pay Rs.1,90,000/- (Rupees one lakh ninty thousand only) together with interest @12% p.a., from 10-05-09 till the date of realisation.
2. the opposite party is further directed to pay Rs.10,000/- (Rupees ten thousand only) as compensation.
3. The opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards costs.
4. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of the copy of the order.

        Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 16^th day of              November, 2011.

            MEMBER                                                                                             PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite parties : 

                                                                                           PRESIDENT