Andhra Pradesh

Visakhapatnam-II

CC/124/2014

Konjeti Venkata Ravi Kumar - Complainant(s)

Versus

Baba Associates - Opp.Party(s)

S Raju

30 Sep 2014

ORDER

                                              Date of Registration of the Complaint:10-04-2014 

                                                                                                Date of Order:30-09-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member  

                                3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                        Tuesday, the 30^th day of September, 2014.

                             CONSUMER CASE No.124/2014

Between:-

Konjeti Venkata Ravi Kumar, son of

K. Chandrasekharam, aged 30 years, residing at

Block No.A, Plot No.203, Kesavini Plaza,

Jyothi Nagar, Hyderabad, permanent residing at

C/o K. K. Apparao, D. No.7/46, Vuda Appartments,

Gowtham Nagar, Naiduthota, Visakhapatnam.

                                                                                        ….. Complainant

And:-

M/s. BABA ASSOSCIATES, Rep. by its

Managing Director, Baggam  Ramesh babu,

S/o Babaji, Santhinagar, NAD Kotha Road,

Visakhapatnam, presently at D.No.14-161,

Bobbilivari Street, Simhadrinagar, R.R.V. Puram,

Visakhapatnam.                                                                 …  Opposite Parties

                     

This case coming on 09.09.2014 for final hearing before us in the presence of Sri S. Raju & Sri E. Shyam Sundar Rao, Advocates for the Complainant and Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per the Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant purchased vacant land in an extent of 200 Sq. yds. covered by Plot No.38 in S.No411 and 412 situated at “SAI GARDENS”, Bhogapuram Village and Mandal, Vizianagaram District by paying Rs.1,00,000/- (Rupees One lakh only) towards part payment to the Opposite Party.   The Sale Agreement was executed in favour of the Complainant dated 10.07.2011 by the opposite Party, the Opposite Party has further agreed to register the Schedule Property with his own expenses whenever, the Complainant come with and pay the balance consideration of Rs.4,00,000/-.   After securing the balance consideration, the Complainant requested the Opposite Party to execute the sale deed in favour of the Complainant by paying the balance consideration.   But the Opposite Party postponed the same, then the Complainant issued a legal notice dated 28.08.2013 and requested the Opposite Party to refund the advance amount of Rs.1,00,000/- but the Opposite Party kept silent.   Hence, this Complaint.

 

2.       a) To direct the Opposite Party to refund  the amount of Rs.1,00,000/- together with interest at the rate of 24% p.a. from the date of respective payments till the date of realization;

          b) To direct the Opposite Party to pay Rs20,000/- towards compensation for causing mental agony and physical strain to the Complainant;

          c) To pay the costs of this Complaint; and

          d) for such other relief or reliefs as the Forum deems fit and proper in the circumstances of this case.

           

3.       The Opposite Party did not resist the claim of the Complainant as it was set exparte and remained exparte.

 

4.       At the time of enquiry, the Complainant filed an affidavit as well as written arguments to support his contention.   Ex.A1 to Ex.A5 are marked for the Complainant.   Treated as heard in view of the Written Arguments filed by the Complainant.

 

5.       Ex.A1 is the Sale Agreement between the Complainant and the Opposite Party dated10.7.2011.   Ex.A2 is the legal notice issued by the Complainant in favour of the Opposite Party dated 28.08.2013.   Ex.A3 is the Opposite Party’s Broacher.  Ex.A4 is the Registration of Firm of A.P.  Ex.A5 is the acknowledgement card.

 

6.       The fact shown from the Ex.A1 is that the Complainant paid advance amount of Rs.1,00,000/- on 10.07.2011 towards part payment. 

 

 

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party. Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that the Complainant paid Rs.1,00,000/- towards advance amount for the Plot No.38 in S.No.411 and 412 situated at ”SAI GARDENS”  of the Opposite Party.  As per Ex.A1, the Opposite Party agreed to register the Plot in favour of the Complainant after paying balance consideration of Rs.4,00,000/- .   The Complainant approached the Opposite Party and ready to pay balance amount to the Opposite Party for the above said plot but the Opposite Party did not register the plot, in favour of the Complainant or refund the said amount to the Complainant.   Even after receiving the legal notice, the Opposite Party kept silent.   It amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Party.   The Complainant is entitled to refund of amount with suitable interest, some compensation and costs too.

 

9.       In the result, this Complaint is allowed directing the Opposite Party: 1) to refund an amount of Rs.1,00,000/- (Rupees One lakh only) with interest @ 9% p.a. from 28.8.2013 till the date of actual realization, and to pay 2) a compensation of Rs.10,000/- (Rupees Ten thousand only) and 3) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.   Advocate fee is fixed at Rs.2,000/- (Rupees Two thousand only).    Time for compliance, one month from the date of this order.

         

          Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 30^th day of September, 2014.

 

Sd/-                                              Sd/-                                Sd/-            

President                                           Male Member                 Lady Member

                                     

 

 

 

 

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	10.07.2011	Sale Agreement	Original
Ex.A02	28.08.2013	Legal Notice issued by the Complainant’s counsel to OP	Office Copy
Ex.A03		Advertisement Broachers with plan	Original
Ex.A04	17.06.2011	Fir Registration Certificate	Photo copy
Ex.A05	03.09.2013	Acknowledgement Card	Original

For the Opposite Party:-

 

                                                -Nil-

Sd/-                                     Sd/-                                          Sd/-            

President                               Male Member                                     Lady Member