This case is coming for final hearing on 20.10.2014 in the presence of Sri U.S.V.Prasad, Advocate for the Complainant and Opposite Parties called absent and set exparte and having stood over till this date, the Forum delivered the following:

: O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on

behalf of the Bench)

1.       The case of the complainant is that being lured by wide publicity and colourful brochures campaigned by the opposite party, the complainant approached the opposite parties to purchase a Flat in Classic Crown Sriharipuram, Visakhapatnam and paid an amount of Rs.1,50,000/- on 07.05.2013 by way of two cheques bearing Nos.876001 and 876051 for an amount of Rs.50,000/- and Rs.1,00,000/- respectively for which a receipt was passed by the opposite parties on 07.05.2013 vide receipt No.0020 and both the cheques were encahsed by the opposite parties.  After payment of Rs.1,50,000/- the complainant approached the opposite parties for allotment of Flat and expressed his willingness to get the flat registered in his name and to pay the balance if any, but the opposite parties postponing the issue without assigning any reason and then, the complainant decided to stop the payment of the balance amount and requested the opposite party to refund the amounts paid by him.  The Complainant stated that the opposite parties keeps on postponing the refund of the paid amount and finally a cheque bearing No.124356 dated 02.12.2013 for an amount of Rs.75,000/- paid by the opposite parties and the same was encashed by the complainant and the balance amount is Rs.75,000/-.  The Complainant stated that during his enquiries he came to know through some of the victimized persons of the opposite parties’ illusionary scheme, the opposite parties not successfully completing majority of opposite parties’ schemes and some of the victimized persons of opposite parties have already initiated legal proceedings against the opposite parties.  In these circumstances, the Complainant is no more interested to purchase Plot in the illusionary Classic Crown Apartments in Sriharipuram and decided to take back the amount of Rs.75,000/- with 24% p.a. interest from the date of payment.  The Opposite parties have no right or supposed to keep amount of the complainant with them and enjoy with that money for months together without fulfilling their commitments, which clearly amounts the deficiency of service on the part of the opposite parties.  The complainant roamed around the office of opposite parties for refund of balance amount and the acts of the opposite parties caused lot of mental loss to the complainant. The Complainant want to register that flat after getting necessary approvals and then he would got his own residential flat thereby he would have been saved from paying rents for all these days, but the acts of the opposite parties by non allotting the flat inspite of the complainant’s willingness to pay the balance amount, so all these causes financial hardship to the complainant, hence the opposite parties have to pay Rs.50,000/- towards compensation besides balance amount.  The Complainant addressed three letters on three different dates and send them by way of registered post but returned unserved.  Hence, this complaint to direct the opposite parties;

a)      to return the balance amount of Rs.75,000/- with 24% interest from 07.05.2013 till the date of realization.

b)      to pay Rs.50,000/- towards compensation besides costs of Rs.3,000/-. 

2.       On the other hand, the Opposite parties even after ordering notice by way of substitute service, there is no representation and called absent, hence set exparte. 

3.       At the time of enquiry, the Complainant filed evidence affidavit along with documents which are marked as Ex.A1 to A8.  Written arguments are also filed by the complainant. Heard the counsel of the complainant who reiterated his version.

4.       In view of the respective contentions, the point that would arise for determination is:-

Whether there is any deficiency in service on the part of the opposite parties, if so can the complainant entitle for the reliefs prayed for?

5.       As per Ex.A1 i.e., the brochure of the opposite parties showing the specifications, salient features and configurations of the flats.  Ex.A2 is the receipt dated 07.05.2013 issued by the opposite parties to the complainant with regard to payment of Rs.1,50,000/- by the complainant to the opposite parties by way of two cheques and the opposite parties received the same and acknowledged it by way of issuing receipt.  Ex.A3 dated 11.02.2014 is the letter addressed by the complainant to the opposite parties and Ex.A4 is the returned cover from the opposite parties with an endorsement no such addressee.  Ex.A5 is the letter dated 21.02.2014 addressed by the complainant to the opposite parties at Hyderabad and the same was returned with an endorsement no such addressee i.e., Ex.A6.  Ex.A7 is also letter issued by the complainant to the opposite parties to Sriharipuram, Visakhapatnam address and the same was returned with an endorsement ‘no such addressee’ i.e., Ex.A8. 

6.       The Complainant’s version is that even after payment of Rs.1,50,000/- made by him, the opposite parties not come forward to register the Flat after receiving balance amount and more over after several demands made by the complainant, the opposite party paid Rs.75,000/- towards part payment and promise to pay the balance amount, but failed to do so.  Even after several letter correspondences were made, those are returned and the opposite parties not settled the issue. 

7.       After careful analysation of the facts of the complaint, documents filed by the complainant, the Forum is of the opinion that the complainant intentionally stopped making further payments because on his enquiries, he came to know that the opposite parties are not successfully completing its scheme, hence he want to drop from the venture and he requested the opposite parties to return the amount back and opposite parties returned 50% of the amount to the complainant, but Rs.75,000/- they kept with them.   The Opposite parties not come forward to submit its case, we observed that the notice issued by the complainant as well as the Forum, the address was mentioned as same as in the Ex.A1, but those are returned with an endorsement “no such addressee” and “addressee left” which shows their unfair trade practice.  Hence, the opposite parties are liable to pay the balance amount to the complainant with 9% interest from the date of receipt issued by them i.e., 07.05.2013 (Ex.A2). 

8.       It is true that the complainant deprived of having a own flat after investing huge amount and sustained lot of mental agony and financial loss and he has to invest huge amount now-a-days to get an alternate flat.  Hence, the opposite parties have to compensate him by paying Rs.5,000/- towards compensation besides costs. 

9.       In the result, the complaint is allowed, directing the Opposite parties to pay the balance amount of Rs.75,000/- with 9%p.a. interest from 07.05.2013 within three months, failing which to pay the same with 12% p.a. interest till the date of payment to the  complainant.  The Opposite parties are further directed to pay Rs.5,000/- towards compensation besides costs of Rs.1,500/-.

Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 29^th day of October, 2014.

    Sd/-                                                                       Sd/-

Member                                                                 President (FAC)

                                                                   District Consumer Forum-I

                                                                             Visakhapatnam

Consumer Complaint No:111/2014

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:

                        NIL

    Sd/-                                                                       Sd/-

Member                                                                  President (FAC)

                                                                    District Consumer Forum-I

                                                                              Visakhapatnam