This case coming on 30.09.2014 for final hearing before us in the presence of Sri P. Srinivas, Advocate for the Complainant and Sri U.S.V. Prasad & Sri P. Sukumar Rao, Advocate for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

1.       The case of the Complainant in brief is that the Complainant booked 2 plots bearing Nos.579 & 580 in total measuring 120 Sq. Yds. in the name and style of “ROYAL HILLS-II” layout and agreement for sale dated 6.6.2009 was executed in favour of the Complainant by the Opposite Parties.   As per the Sale Agreement the total sale consideration of both plots is Rs.95,000/- and the same was acknowledged by the Opposite Parties on different dates.    The Complainant requested the Opposite Parties to register the plots by paying balance amount, but the Opposite Parties informed at the layout was not formed and approval was not obtained from VUDA,the 1^st Opposite Party informed the Complainant that the same will be developed after some times, but till now there is no development in the above layout.    Then the Complainant issued a legal notice but there is no response from the Opposite Parties.   Hence, this Complaint.

2.       i) To repay the part Sale Consideration along with interest from 09.10.2009 i.e., Rs.1,57,438/- (Rupees One lakh fifty seven thousand four hundred and thirty eight only) with subsequent interest @ 24% from the date of this Complaint to till date of realization;

          ii) To pay Rs.95,000/- (Rupees ninety five thousand only) towards compensation for mental agony;

iii) For costs of this Complaint; and

iv) For such other relief or reliefs as the Forum may deems fit and proper in the circumstances of the case.

3.       The Opposite Parties strongly resisted the claim of the Complainant by contending, as can be seen from their counter.   The 2^nd Opposite Party filed a counter and adoption memo filed by the 1^st Opposite Party.   The Opposite Parties denied all the allegations made by the Complainant stating that due to some technical reasons, the said venture was not developed which is not in the hands of the Opposite Parties.    As such, there is no willful deficiency of service on the part of the Opposite Parties.   The Opposite Party did not develop the layout and is not intentional but due to Government policies and technical reasons, in those circumstances, the layout is not approved.    Though, they have no liability to pay any reliefs asked by the Complainant.

4.       At the time of enquiry, both the Opposite Parties filed their affidavits as well as written arguments to support their contentions.    Exs.A1 to A9 are marked for the Complainant.    No documents were marked for the Opposite Parties.    Heard both sides.

5.       ExA1 is the Sale Agreement.   Ex.A2 is the Receipt issued by the Managing Director of Opposite Parties.   Ex.A3 issued by the Managing Director.   Ex.A4 issued by the Managing Director.  Ex.A5 issued by the Managing Director.  Ex.A6 issued by the Managing Director.   Ex.A7 is the letter issued by the Opposite Parties to the Complainant dated 9.9.2011.   Ex.A8 is the Registered Lawyer’s Notice issued by the Complainant in favour of the Opposite Parties.   Ex.A9 is the two Acknowledgment Cards.

6.       The fact shown from the document Ex.A1 reveals that the Complainant and the Opposite Party entered into the Sale Agreement, and in Clause-11 of the agreement shows in case of any delay or any problem arises from obtaining necessary approvals, company will pay the money back with interest @ 15% p.a. for the paid amount after 12 months from the date of commitment.   Exs.A2 to A6 reveals that the Complainant paid Rs.95,000/- towards part payment, and the Opposite Parties acknowledged the same on different dates.

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 Parties.  The Complainant is entitled to any reliefs asked for?

8.         After careful perusal of the case record, this Forum finds that the Complainant paid part payment towards sale consideration.   Though the Complainant is willing to pay balance amount, the Opposite Parties did not develop any layout in the above venture.   According to Ex.A7 the letter issued by the Opposite Parties in favour of the Complainant stating that they will be completed the layout on or before 31.12.2011 and we hope that we will be ready with VUDA Approval for “ROYAL HILLS PHASE-II” by 10.12.2011.   If you are not interested to go for registration of your plot even after obtaining VUDA Approval you can take your money without any deductions.   The Opposite Parties failed to place any piece of evidence before this Forum VUDA Approval.   It shows that there is no development in the said venture as developed by the Opposite Parties.   So, it amounts to deficiency of service on the part of the Opposite Parties as they failed to develop the venture, as per their letter Ex.A7.   Hence, the Complainant is entitled to Rs.95,000/- with interest some compensation and costs too.

10.     In the result, this Complaint is allowed directing the Opposite Parties 1and 2: 1) to pay an amount of Rs.95,000/- (Rupees ninety five thousand only) with interest @ 15% p.a. from 9.10.2009 to till the date of actual realization; to pay 2) a compensation of Rs.10,000/- (Rupees Ten thousand only) and c) Costs of Rs.3,000/- (Rupees three thousand only) to the Complainant.   Time for compliance, one month from the date of this order.   Advocate fee is fixed at Rs.2,000/- (Rupees two thousand only).

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 22^nd day of October, 2014.

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President                            Male Member                      Lady Member

APPENDIX OF EVIDENCE

For the Complainant:-

For the Opposite Parties:-     

                                                -Nil-

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President                       Male Member                                             Lady Member