BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD.
F.A.Nos.1278/2009 to F.A.No.1284/2009 against C.C.Nos.48/2009, 49/09, 52/09, 78/09, 79/09,80/09 and 81/09 District Forum-III,Hyderabad.
Between:
1. D.Subramanyam,
2. Y.Anantha Lakshmi
3. Y.Srinivasa Murthy,
4. D.Subramanyam,
5. D.Srinivas, S/o.Subramanyam,
7. D.Sairam, S/o. Subramanyam,
8. K.Revathi, W/o.D.Subramanyam,
And
1. Narne Estate Pvt. Ltd.,
2. Narne Estates Pvt. Ltd.,
Counsel for the Appellant: Mr.S.Surender Kumar.
(Common in all appeals)
Counsel for the Respondents: Mr.K.R.Koteswara Rao.
(Common in all appeals)
F.A.Nos.138/2010 to 144/2010 against C.C.Nos.48/2009, 52/09, 49/09, 78/09, 79/09,80/09 and 81/09 District Forum-III,Hyderabad.
Between:
1. Narne Estate Pvt. Ltd.,
2. Narne Estates Pvt. Ltd.,
1. D.Subramanyam,
2. Y.Srinivasa Murthy,
3. Y.Anantha Lakshmi
4.
5.
7. D.Sairam, S/o. Subramanyam,
8. K.Revathi, W/o.D.Subramanyam,
Counsel for the Appellants: Mr.K.R.Koteswara Rao.
(Common in all appeals)
Counsel for the Respondent: Mr.S.Surender Kumar.
(Common in all appeals)
QUORUM: SMT.M.SHREESHA,AND
SRI SYED ABDULLAH, MEMBER.
.
MONDAY, THE EIGHTEENTH DAY OF OCTOBER,
TWO THOUSAND TEN
***
C.C.Nos.48/2009, 49/09, 52/09, 78/09, 79/09,80/09 and 81/09 on the file of District Forum-III,Hyderabad, the complainants
opposite parties preferred appeals F.A.Nos.138/2010 to 144/2010.
F.A.No.1278/2009 & F.A.No.138/2010:
EastCity
EastCity
It is the complainant’s case that on 14-2-1995 he paid the entire sale consideration of Rs.60,000/- to the opposite party for plot No.AN-19 admeasuring 500 sq. yds. as per the brochure of Narne Estates Private Limited,EastCity, (Sector V). The complainant submits that inspite of completion of 13 years, the opposite party did not take any steps to register the plot in his favour.
The learned counsel for the opposite parties contended that this complaint is barred by limitation as the sale consideration was paid on 14-2-1995 and this complaint was filed on 13-2-2009. JULIET V.QUADROS v. MRS. MALTI KUMAR2005 CPJ 499 (CP) (NCDRC) = 2005(2) CPR 1 (NC) wherein it was as follows:
Non registration of the plot after payment of entire sale consideration amounts to deficiency in service and the time period taken till the registration constitutes continuous cause of action.
Article 54 of the Limitation Act also states that the cause of action from the date of refusal by the opposite parties which in the instant case is 4-4-2007 evidenced under Ex.B16 wherein
It is the contention of the opposite parties that without paying the development charges and all other dues, the complainant cannot claim for registration of the plot and that they developed the venture by investing huge amounts and provided amenities which were not even promised to the Members at the time of starting the venture.
A perusal of Ex.A10 brochure shows term 6 of the terms and conditions as follows:
Development charges are likely to be Rs.100/- per sq. yd. and should be paid in monthly instalments when developmental works commence.
It is indicated in the brochure itself that the developmental charges would be Rs.100/- per sq. yd. P.VAMSHIDHAR REDDY v.NARNE ESTATESreported in2000 ALD (CONS.) 108and also on a decision reported inV.KAMALA AND OTHERS V. A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION in 2010 (3) ALT 483 (DB) in W.P. No. 2846/2009 and batch by its order dt.-------
The learned counsel for the opposite parties also relied on the decision of the National Commission inMANPREET KAUR v. VICE CHAIRMAN MEERUT DEVELOPMENT AUTHORITY AND OTHERSreported instating that for non payment of development charges, the complainants are not entitled for registration of the plots.
a) Bush clearance: Before survey, we do not complete bush clearance. After making of all roads, roots and grass clearance will take place.
b) Marking the plots: Plots will be marked with header stone of sixe 2’6” x 1’6” Four corner stones will be fixed for each plot.
c) Laying Roads: After removing bushes and grass, we go for rough formation of roads by filing/cutting earth, fine formation, then 1stnd
d) Open drains
e) Sewage lines: Underground sewage pipes starting with 6” SWG pipes to 18” RCC pipes, will be laid and at every four plots junction, one manhole with four 90°-4” SWG bends will be provided.
f) Water lines: Distribution lines are 6” main line to 2” minimum pipe line of PVC giving each house a connection for round the clock water supply.
g) Street lights: Complete area is provided with three phase electric lines with street lights
h) Avenue plantation: All along both sides of roads, we plant avenue trees.
This Ex.A5 filed by the complainant also states as follows:
‘To carry out all the above works to the best standards, you are requested to remit Rs.1000/- per month per plot of 250 sq. yds. towards monthly instalments of developmental charges, with effect from April, 1999. th
The contention of the complainant that no amount can be paid towards developmental charges cannot be sustained as the opposite party in Ex.A5 in the year 1999 itself stated the details of the developmental works and also called upon the complainant to pay the developmental charges in monthly instalments. However, we find force in the contention of the complainant that the opposite party did not specify or substantiate by any documentary evidence the subsequent increase of the development charges from Rs.100/- to Rs.150/- and once again to Rs.200/- per sq. yd.
F.A.Nos.1279/09 to 1284/09 & F.A.Nos.139/2010 to 144/2010:
F.A.Nos.1279/09 to 1284/09 filed by the complainants are allowed in part reducing the developmental charges from Rs.200/- per sq. yd. to Rs.100/- per sq. yd. as mentioned in the brochure while confirming the rest of the order of the District Forum.
JM
