BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri K.V.H.Prasad, B.A., LL.B., President

              Sri R.Ramachandra Reddy B.Com., LL.B., Member

Thursday the 25^th day of May, 2006

C.C. No.22/2006

T.Narayana Reddy, S/o T.P. Rami Reddy, Aged 44 years, Hindu, Contractor,

R/o Plot No.21, Opp. to Chandra Apartments, Sapthagiri Nagar, Near New Ayappa Swamy  Temple, Kurnool.                                                 

                                                                  . . . Complainant

          -Vs-

G.P.R. Housing (Pvt.) Ltd., Rep. by its Managing Director G.Punna Rao,

20-1-1360, 2^nd Floor, T.T.D. Bye-Pass Road, Near Korlagunta Junction, Thirupathi, Chittor District.                         

                                                               . . . Opposite party

This complaint coming on this day for Orders in the presence of Sri                                                                                                                                                                                                     B.Rama Subba Reddy, Advocate, Kurnool for complainant and Sri. M.Sivaji Rao, 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 Sri.K.V.H.Prasad, Honourable President)

1.       This case of the complainant is filed under section 12 of C.P. Act seeking direction on the opposite party to pay him Rs.85,000/- with interest at 18% per annum and damages and costs alleging deficiency of service on the part of the opposite party in allotting the house plot under scheme inspite of receiving Rs.85,000/- under said scheme.

2.       The case of the complainant is that he joined as subscriber No.181 to a housing plot scheme floated by the opposite party under name and style “ Sri Seshadri Gardens’ under which on payment of Rs.85,000/- in a period of 40 months a house plot of 400 squire yards will be given besides to a lucky dip every month, where a price winning subscriber will be given 30 grams of gold and inspite of paying the total amount of said scheme and winning 30 grams of gold in the lucky dip held on 12-5-2003, the opposite party not kept his promise and not even responding to the several demands of the complainant to that effect.

3.       In pursuance of the receipt of the notice of this Forum as to this case of the complainant, even though the opposite parties has caused his appearance through his counsel did not file his written version inspite of adjournments granted on and from 3-4-2006, 12-4-2006 and 17-4-2006 and on 20-4-2006.  Hence the case is proceeded under section 13 (2) (b) of C.P. Act.

4.       The complainant in substantiation of this case relied upon documentary record in Ex.A1 to A9 besides to sworn affidavit of himself in reiteration of his case.

5.       The Ex.A1 is the counter foil for purchase of a Demand Draft on            8-9-2003 for Rs.6,000/- in favour of the opposite party and Ex.A9 is the endorsement of Andhra Bank Service Centre, Tirupathi as to its encashment and it is being corroborated by the sworn affidavit of the complainant filed on 18-5-2006 and hence the material in Ex.A1 in the light of Ex.A9 conclusively proves, in the absence of any rebuttal to it by the opposite party, to the effect of payment of amount there under to the opposite party.

6.       The Ex.A2 to A6 are the cash receipts issued by the opposite party for the payments received there under from the complainant on various dates.  They envisage a total receipt of Rs.73,000/- by the opposite party and the Ex.A8 indicates payment of Rs.6,000/- to the opposite party under a duly dated 31-7-2003. In the absence of any rebuttal to Ex.A1 to A6 and A8, a total amount of Rs.85,000/- is remaining to have been received by the opposite party under said scheme from the complainant.

7.       The Ex.A7 a printed intimation of the opposite party addressed through post to the complainant as subscriber No.181 indicates him as winner of the 24^th draw lucky dip held on 12-5-2003 for 30 grams of gold.  But there being any claim to it in this case of the complainant the Ex.A7 remains of any relevancy for consideration in this case.

8.       As the opposite party has received in all Rs.85,000/- as stated above under scheme of housing plots for providing a housing plot of 400 Sq. yards to the complainant as its subscriber, as did not provided it to the complainant, the said conduct of the opposite party clearly amounts to deficiency of serving on the part of the opposite party giving raise to a bonafide cause of action to the complainant on the opposite party.

9.       The said act of not providing the housing plot under said scheme to the complainant inspite of receiving entire amount while the amounting to deficiency of service on the part of the opposite party on one hand, the none responsive conduct of the opposite party to several demands of the complainant addressed on afflux of scheme has caused mental agony to the complainant on the other hand and it requires to be compensated at the liability of the opposite party.

10.     Hence, in the result of the above discussion, the complaint is allowed directing the opposite party to pay to the complainant said amount of Rs.85,000/- received under said scheme and an amount of Rs.10,000/- as compensation for mental agony suffered by the complainant at the avoiding conduct of the opposite party and Rs.5,000/- as costs to the complainant as he has driven the complainant to the Forum for redressal of his consumer grievance.  The opposite party shall pay the supra stated award amount to the complainant within a month of receipt of this order.  In default the supra stated award amount shall be payable by the opposite party to the complainant with 12 % interest per annum till the date of realization.

Dictated to the stenographer, transcribed by him corrected and pronounced by us in the Open Forum this the 25^th day of May, 2006.

PRESIDENT                                                                                       MEMBER 

APPENDIX OF EVIEDNECE

Witnesses Examined

For the complainant: Nil                                                For the opposite party: Nil

List of exhibits marked for the complainant:

Ex.A1 Counter foil of D.D. Dt. 8-9-2003 for Rs.6,000/-

Ex.A2 Cash receipt No.531, Dt.11-9-2003 for Rs.6,000/-

Ex.A3 Cash receipt No.862, Dt.9-12-2003 for Rs.30,000/-

Ex.A4 Cash receipt No.3702, Dt.9-4-2004 for Rs.12,000/-

Ex.A5 Cash receipt No.3929, Dt.12-6-2004 for Rs.7,500/-

Ex.A6 Cash receipt No.3984, Dt.26-7-2004 for Rs.17,500/-

Ex.A7 Intimation send by the opposite party stating that complainant is the

 winner in the Dip.

Ex.A8 Counter foil of D.D. Dt.31-7-2003 for Rs.6,000/-

Ex.A9 Letter, Dt.2-5-2006 containing the endorsement of A.B. Service Centre,

Thirupathi.

List of exhibits marked for the opposite party: Nil

PRESIDENT                                                                             MEMBER

Copy to:

1.Sri B.Rama Subba Reddy, Advocate, Kurnool

2.Sri.M. Sivaji Rao, Advocate, Kurnool.

Copy was made ready on:

Copy was dispatched on:

Copy was delivered to parties: