This is a complainant filed under Section 12 of Consumer Protection Act seeking the relief to direct the O.P. to ear-mark plot No.39 by clearing bushes and to provide all amenities as promised and to pay a sum of Rs.2 Lakhs towards damages for causing mental agony on the following averments. The complainant purchased a house site bearing plot No.39 admeasuring 317.7 Square Yards in the lay-out formed by them which situates at Sundarapeta Village of Bogapuram Mandal for a consideration of Rs.2,07,000/- under a sale deed dt.16-8-2008. The O.Ps. agreed to provide black top roads under-ground drainage, electricity, compound wall, avenue plantation etc., within short time from the date of execution of the sale deed but of no avail. The complainant approached the O.P. and requested him many a time to provide above amenities but of no effect. Since there are full of bushes and as the roads are not laid the complainant could not proceed with construction of a house in the said plot. Had the O.P. provide the above amenities the complainant could have constructed a house long back with less price cost but as the O.P. did not provide the amenities as agreed the cost of construction material has increased abnormally and due to the inaction of the O.P. the complainant suffered a lot both mentally and financially. Though the complainant demanded the O.P. for all these days in person and over phone to provide the amenities as agreed he did not evince any interest to provide the same. Hence the complaint.

 Hence publication was ordered. Inspite of publication made in the District Edition in “Enadu” the respondent did not come to court to contest the matter. In support of complainant’s case she has filed a chief affidavit and got marked Ex.A.1 to A.4. 

 As per complainant she and her husband purchased a plot bearing No.39 for  due consideration under a sale deed dt.16-8-2008 and the O.P. has agreed to provide amenities to enable the complainant to construct a house and inspite of repeated demands made by the complainant the O.P. did not adhere to the promise made and comply the terms and conditions incorporated in the sale deed. As per complainant she got issued notice to the O.P. prior to institution of the case calling upon him to comply the terms and conditions of the sale deed and as the O.P. left the place of his address the said notice could not be served on him.   To substantiate her contention she filed the return cover, copy of lawyers notice, postal receipt and got the same marked as Ex.A.2 to Ex.A.4.

 

 Coming to case on hand as per complainant she approached the O.P. in person and also contacted him over phone and requested him to provide the amenities as agreed but he did not heed to her request. Since the O.P. did not provide the amenities as agreed for all these years the complainant and her husband must have suffered mental agony and physical harassment. Therefore, they are entitled to get reasonable amount towards damages.