Between:

S.Parvathamma,

W/o Koteswaraiah,

C/o Nagendrappa,

3-207, Akuthota peta,

Sirivella Post and Mandal – 518 653,

Kurnool District.                                                              …Complainant

                                       -Vs-

Bhavanasi Satyanarayana,

H.No.15/169, Srinivasa Nagar,

Near Water Tank,

Nandhyal – 518 501,

Kurnool District.                                                     ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri P.Siva Sudarshan, Advocate for complainant and opposite part called absent and upon perusing the material papers on record, the Forum made the following.

                                         ORDER

(As per Smt.S.Nazeerunnisa, Lady Member)

   C.C. No.107/2012

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

(a)        To direct the opposite party to register the plots in favour of the complainant;

(b)        To grant a sum of Rs.10,000/- towards compensation for mental agony;

And

(c)         To grant the cost of the complaint of Rs.3,000/-;

And

(d)        To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:-  The opposite party floated a scheme for the sale of house site plots under the name and style of Annapurna Estate Trader’s in Ram Nagar and Avanthi Nagar, Nandyal.  As per the scheme the size of plot is 2.00 Cents and each member has to pay Rs.60/- per month for the period of 65 months.  The scheme also conducted drawl of lucky dip every month for among the members for allotting the plot.  The member who won lucky dip, need not to pay balance amount.  The complainant joined and be allotted two plots (i.e.,) Member Shop No.1112 dated 08-03-1991 in Avanthi Nagar and Member Ship No.154 dated 05-07-1990 in Ram Nagar.  Accordingly the complainant paid all the installments amount.  The complainant won the Ram Nagar plot in dip system and balance amount not paid to the opposite party.  She paid 65 installments for Avanthi Nagar Plot.     On 20-08-1997 the complainant paid Rs.3,000/- towards registration Charges to the opposite party.  But the opposite party did not Register the plots or not refund the amount to the complainant.  There is deficiency in service on the part of opposite party.  Hence the complaint.

3.     Opposite party called absent and set exparte.

4.     On behalf of the complainant Ex.A1 to A8 are marked and sworn affidavit of the complainant is filed. 

5.     Complainant filed written arguments.

6.     Now the points that arise for consideration are:

     i.                        Whether there is deficiency of service on the part of opposite party?

    ii.                        Whether the complainant is entitled for the reliefs as prayed for?

  iii.                        To what relief?

7.      POINTS i and ii:-  It is the case of the complainant that she joined the scheme and to be allotted her two plots in Ram Nagar Member Ship No.154 dated 05-07-1990 and in Avanthi Nagar Member Ship No.1112 dated 08-03-1991, Nandyal, which was floated by opposite party under the name and style of Annapurna Estate Trader’s.  The complainant in her sworn affidavit clearly stated about the said facts.  Ex.A1 is the First installment receipt for Rs.75/- dated 05-07-1990.  A bunch of receipts ar e marked as Ex.A7 and Ex.A8.  It is further case of the complainant that she paid all 65 installments for plot in Avanthi Nagar Member Ship No.1112, the receipts for Rs.60/- are marked as Ex.A7.  She won the plot of Ram Nagar in lucky dip system.  The opposite party informed the same through post card, which is marked as Ex.A2 so she need not to pay balance amount to opposite party for the plot in Ram Nagar as per the scheme conditions.  After the completion of scheme the opposite party collected an amount of Rs.3,000/- from the complainant towards Registration Charges for both the plots which are marked as Ex.A3 and Ex.A6 dated 20-03-1997.  The learned counsel appearing for the complainant contended that though she paid all the installments under the said scheme and Registration Charges, the opposite party did not taken any steps to register the plots in favour of the complainant or her money was also not returned.  Due to the deficient conduct of opposite party the complainant is not time barred and the cause of action is continuous.  To support of his version he cited a decision reported in I (2006) CPJ 261 where in it was held that cause of action continuous and recurring till physical possession of plot actually delivered.  A decision reported in IV (2012) CPJ 12 (NC) Haryana Urban Development Authority and Others – Vs – Tej Refrigeration Industries National Consumer Disputes Redressal Commission, New Delhi.  The Honourable National Commission held that since plot was not given to petitioner and his money was also not returned, therefore, cause of action continues.  In the present case the opposite party did not discharge his obligation for registration of the plots or refund the amount paid by the complainant.  As the physical position of the plot concerned in said scheme is not actually delivered to the complainant inspite of her payment of all installments of scheme and a lapse of more than decade at the deficient conduct of the opposite party.  The complaint is not time barred.    We perused all material on record we are of the view that there is deficiency in service on the part of opposite party.  Hence the complainant is partly allowed.

8.     In the result, the complaint is partly allowed directing the opposite party to register the concerned plots in Avanthi Nagar Member Ship No.1112 and Ram Nagar Member Ship No.154 of Annapurna Estate Traders under the said scheme in favour of the complainant and further direct to pay an amount of Rs.5,000/- as compensation for mental agony and Rs.1,000/- as cost of the complaint.  Time for compliance is one month from the date of this order.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 13^th day of February, 2013.

  Sd/-                                                                                  Sd/-

LADY MEMBER                                                             PRESIDENT (FAC)

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                First Installment Receipt for Rs,75/- dated 05-07-2009.

Ex.A2                Postal Card of the opposite party.

Ex.A3                Registration Charges Receipt for Rs.1,500/- Member Ship

                No.154 dated 20-03-1997.

Ex.A4                First installment receipt for Rs.75/- dated 08-03-1991.

Ex.A5                65^th Installment Receipt for Member Ship No.1112

dated 25-09-1995.

Ex.A6                Registration Charges Receipt for Rs.1,500/- Member Ship

                No.1112 dated 20-03-1997.

Ex.A7        A Bunch of payment receipts issued by the opposite party in

                favour of the complainant Member Ship No.154.

Ex.A8         A Bunch of payment receipts issued by the opposite party in

                favour of the complainant Member Ship No.1112.

List of exhibits marked for the opposite party :- NILL

  Sd/-                                                                                  Sd/-

LADY MEMBER                                                             PRESIDENT (FAC)

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties  :

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