BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H. Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B. Com., LL.B., Member
Monday the 23rd day of January, 2006.
C.D.No.67/2005
N.V. Seetha Ramaiah,
S/o Late Vengaiah,
Aged 64 years, Hindu, Business,
Resident of Mukkamalla Village,
Sanjamala Mandal,
Kurnool District. . . . Complainant
-Vs-
Executive Officer,
Gram Panchayat,
Koilakuntla,
Kurnool District. . . . Opposite party
This complaint coming on 20.1.2006 for arguments in the presence of Sri B.Rama Subba Reddy, Advocate, Kurnool for complainant and Sri M.L.Srinivasa Reddy, Advocate, Kurnool for opposite party, and stood over for consideration, till this day, the Forum made the following.
O R D E R
(As per Smt. C.Preethi, Hon’ble Member)
1. This complaint of the complainant is filed under Section 12 of C.P. Act seeking a direction on the opposite party to pay Rs.25,000/- security deposit amount with interest from 1-4-2004, Rs.5,000/- as compensation for mental agony and cost of the complainant.
2. The brief facts of the complainant’s case is that the complainant in the year 1997 was the highest bidder for shop No.3 in the shopping complex of opposite party at a monthly rent of Rs.1,260/- and paid Rs.25,000/- as security deposit to opposite party and the tenure was for 3 years. On 1-4-2004 the complainant renewed the said tenure for further 3 years on the same security deposit and vacated the premises on 1-4-2004. There after the complainant requested the opposite party orally several times for refund of security deposit of Rs.25,000/- but the opposite party was postponing on some pretext or other. Being vexed got issued legal notice dated 27-7-2004 to which there was no reply by the opposite party. Hence, the complainant was constrained to file this complaint in this Forum for redressal.
3. The complainant in support of his case filed the following documents viz. (1) Notice dated 17-7-2002 of opposite party addressed to the complainant, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and above document is marked as Ex.A1 for its appreciation in this case. The complainant caused interrogatories to opposite party and replied suitabely to the interrogatories caused by opposite party.
4. In pursuance to the notice of this Forum as to this case of the complainant the opposite party appeared through their standing counsel and contested the case by filing written version.
5. The written version of opposite parties admits the complainant as highest bidder for the shop No.3 at a monthly rent of Rs.1,200/- and deposited an amount of Rs.25,000/- in two installments for a period of 3 years. In the year 1998-99 the complainant paid rent at Rs.1,200/- per month and failed to pay two months rent i.e. Rs.2,400/- and the opposite party adjusted the said rent from the deposit amount of Rs.25,000/-. In the year 1999-2000 the deposit was Rs.22,600/- only and the complainant paid the rent for 11 months only and one month rent was adjusted from the deposit amount. In the year 2000-01 the complainant paid rent for 8 months only and the remaining 4 months rent was adjusted from the balance of Rs.21,400/- security deposit and the balance remaining was Rs.16,600/- only. Again in the year 2001-02 the complainant extended the tenure of the shop by enhancing rent to Rs.1,260/- and the balance of Rs.16,600/- was continued as security deposit. And the complainant paid Rs.120/- towards rent for the said financial year, so Rs.15,000/- out of security deposit was adjusted towards the rent for the default months and the balance of security deposit amount for the year 2002-2003 was only Rs.1,600/-. In the year 2002-2003 the complainant paid Rs.11,040/- towards the rent and failed to pay the balance rent of Rs.4,080/-, as the balance security deposit amount was only Rs.1,600/- and the due was Rs.4,080/- the opposite party could not adjust the said security deposit to the balance rent and shown Rs.1,600/- by carrying it to the next year. In the year 2003-2004 the complainant paid balance rent of Rs.4,080/-due of 2002-2003 and paid the entire rent for the year 2003-2004 by the date of his lease period expired. Hence the balance security amount of the complainant is only Rs.1,600/- and the complainant is entitled to the said amount only. And lastly submits that the complainant knowing fully well that he is entitled to Rs.1,600/- from opposite party never approached the opposite party personally for return of balance security amount of Rs.1,600/- and with ulterior motive issued lawyers notice dated 11-8-2004 with false allegations and there is no deficiency of service or negligence on part of opposite party and seeks for the dismissal of complaint with costs.
6. In substantiation of its case the opposite party relied on the following documents viz. (1) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 1998-1999. (2) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 1999-2000.(3) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 2000-2001.(4) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 2001-2002.(5) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 2002-2003.(6) Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 2003-2004.(7) Abstract for the years 1998-1999 to 2003-2004. (8)Notice dated 5-2-2004 of opposite party to by the tenants of Karra Subba Reddy Complex and (9) Letter dated 2-12-1998 of complainant to opposite party, besides to the sworn affidavit of opposite party in reiteration of its written version and the above documents are marked as Ex.B1 to B9 for its appreciation in this case. The opposite party caused interrogatories to the complainant and suitabely replied to the interrogatories caused by the complainant.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite party.
8. It is a case of the complainant alleging deficiency of service on opposite party for not refunding Rs.25,000/- security deposit amount deposited by the complainant with opposite party in the year 1997 as the highest bidder for shop No.3 of opposite party’s shopping complex. The complainant vacated the said shop of 1-4-2004 but the opposite party did not return the said security deposit amount even after several requests and demands by the complainant. But the opposite party in their written version alleges that the complainant was as the highest bidder for shop No.3 deposited Rs.25,000/- as security deposit and the monthly rent was fixed to Rs.1,260/- per month. It alleges that the complainant was regular defaulter in payment of rents to opposite party and the defaulted monthly rents were adjusted from the security deposit amount vide Ex.B1 to B7. The Ex.B1 to B6 are the statements showing the remittance and adjustment of shop No.3 collection of the complainant for the years 1998 to 2004. The Ex.B7 is the abstract of Ex.B1 to B6, it shows that the complainant was regular defaulter in paying the rents and the balance rents were adjusted from the deposit amount yearly. The balance deposit to the credit of the complainant was Rs.1,600/- only on the date when the complainant vacated shop No.3. Therefore the opposite party submits that the complainant is entitled to deposit amount of Rs.1,600/- only.
9. The Ex.A1 is the notice dated 17-7-2002 issued by the opposite party to the complainant, it says that the complainant was a tenant for room No.3 of opposite party’s shopping complex for rent of Rs.1,260/- per month and the complainant did not pay rent for four months, hence requests the complainant to pay Rs.5,040/- without fail, the Ex.B5 shows the said amount paid by the complainant on 10-8-2002. The said Ex.A1 does not support the case of the complainant which he relied.
10. In the absence of any cogent substance in support of supra stated contentions of the complainant and as in the Ex.A1 the complainant as was said therein as a defaulter for four months rent, subsequent to the payment of said arrears also the complainant was a regular defaulter as per Ex.B1 to B7. Hence, what appears is that the complainant did not pay the rents regularly to opposite party within the period stipulated and hence their appears every bonafidies of the opposite party in adjusting the arrears rents from the deposit amount of the complainant. Hence, there appears no deficiency of service from the opposite party side towards the complainant.
11. To sum up, in the circumstances discussed above as there is no deficiency of service of the opposite party in adjusting the arrears rents from the security deposit of the complainant. The complainant is entitled only to the balance deposit amount of Rs.1,600/- which is lying with the opposite party.
12. Therefore, in the result complainant is allowed directing the opposite party to pay Rs.1,600/- to the complainant within a month of receipt of this order.
Dictation to Stenographer, transcriber by him, corrected and pronounced by us in the open Forum this the 23rd day of January, 2006.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite party: Nil
Exhibits Marked for the complainant:
Ex.A1 Notice, Dt.17-7-2002 of Panchayat Secreatry, Grama Panchayat Koilakuntla to complainant.
Exhibits Marked for the opposite party:
Ex.B1 Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 1998-1999.
Ex.B2 Statement showing the remittance and adjustment of shop No.3 of the complainant in Karra Subba Reddy Complex for the year 1999-2000.
Ex.B3 Statement showing the remittance and adjustment of shop No.3 of the
complainant in Karra Subba Reddy Complex for the year 2000-2001.
Ex.B4 Statement showing the remittance and adjustment of shop No.3 of the
complainant in Karra Subba Reddy Complex for the year 2001-2002.
Ex.B5 Statement showing the remittance and adjustment of shop No.3 of the
complainant in Karra Subba Reddy Complex for the year 2002-2003.
Ex.B6 Statement showing the remittance and adjustment of shop No.3 of the
complainant in Karra Subba Reddy Complex for the year 2003-2004.
Ex.B7 Abstract for the years 1998-1999 to 2003-2004.
Ex.B8 Notice dated 5-2-2004 of opposite party to by the tenants of Karra
Subba Reddy Complex
Ex.B9 Letter dated 2-12-1998 of complainant to opposite party.
PRESIDENT
MEMBER MEMBER
Copy to:-
1. Sri. B.Rama Subba Reddy, Advocate, Kurnool
2. Sri. M.L.Srinivasa Reddy, Advocate, Kurnool
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties on:
