(Sri D. Shankar Rao, Member)
1. This is a complaint filed by the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties to register plot extent 150 Sq. Yards in Sy.Nos.327/A, 327/C, 328, 328/A, 328/C, 353, 353/B, 353/C, 354, 354/B, 354/C, 325/AA, 326, 326/A and 326/B situated at Amisthapur village, Bhoothpur Mandal or to pay present market value of plot, to pay an amount of Rs.20,000/- towards mental agony, financial stress and for deficiency of service, Rs.20,000/- towards compensation for adopting unfair trade practice and Rs.10,000/- towards costs of the complaint.
2. The brief facts of the complaint are that the OPs have floated a housing plot scheme under the name and style “Gayathri Enclave” at Boothpur village and mandal in Mahabubnagar district. The land of the said scheme plots is in Sy.Nos.327/A, 327/C, 328, 328/A, 328/C, 353, 353/B, 353/C, 354/B, 354/C, 325/AA, 326, 326/A and 326/B situated at Amisthapur village of Boothpur mandal in Mahabubnagar district. The OPs have canvassed with colourful brochures and appointed agents throughout district to canvas about housing plot scheme. Believing the canvass and bombastic works of OPs and also cherish dream to get a house plot at Amisthapur NH No.7, the husband of complainant got joined as member in housing scheme in the month of July, 2000 year vide Lucky No.42 for a plot. The area of the plot is 150 Sq. yards. The scheme period of the housing plot is 50 months @ Rs.400/- per month. There will be a lucky draw on 9th day of every month at 6 p.m. at the office of OPs. The total cost of the plot is for Rs.25,000/-. The member shall pay Rs.3,000/- to reserve the plot, and every member shall pay an additional amount of Rs.1,000/- for every ten months i.e., Rs.5,000/- in addition to regular installments. Further stated that the husband of the complainant has paid upto 50 installments amount along with 5 additional installments. Thereafter the complainant and her husband approached the office of OPs and paid Rs.6,000/- to the OPs towards registration of the plot. The OPs have stated that after one week they will register the plot. But till today the OPs did not register the plot. Thereafter, on enquiry the complainant came to know that there was a boom in the real estate business and the scheme plots were sold away by OPs at higher price to the third parties who are not at all members in the scheme. Such acts on part of the OPs amounts to deficiency of service and unfair trade practice. Hence the present complaint is filed.
3. The OPs.1 to 9 have remained set exparte throughout the proceedings.
4. During enquiry, the complainant in support of her contention filed her affidavit as evidence and got marked Exs.A-1 to A-51 documents and closed her evidence.
5. Heard arguments.
6. The points for consideration are:
- Whether the complaint is barred by limitation?
- Whether there is any deficiency of service on the part of the opposite parties?
(iii) To what relief?
7. Point No.1:- That the scheme period is 50 months and the scheme was started in the month of July, 2000 year and end it in the month of August, 2004 year as per Ex.A-48 dated 9-8-2004. The complaint is to be filed within two years from the date of final cause of action arisen as per Sec.24 of C.P. Act, 1986. But the version of the complainant is that the cause of action would be continuing when the OPs have failed to register the plot and give its possession. Hence the complaint would not be barred by limitation. Supporting to the said contention the complainant has relied on decision reported in 2005 (1) C.P.R. in which the Hon’ble National Commission held that “Where the developer failed to give possession of land or refund the money as demanded by complainant, the cause of action would be continuing and consumer complaint would not be barred by limitation”. Hence the complaint is within the limitation.
8. Point No.2:- It is the case of the complainant that her husband has joined as a member for a house plot at Amisthapur village of Boothpur mandal in housing plot scheme which is run by the OPs in the name and style of “Gayathri Enclave”. The said plot of land is located in Sy.Nos.327/A, 327/C, 328, 328/A, 328/C, 353, 353/B, 353/C, 354/B, 354/C, 325/AA, 326, 326/A and 326/B situated at Amisthapur village of Boothpur mandal. The terms of the scheme are that the scheme period is 50 months and every member has to pay Rs.400/- as regular installments and Rs.1,000/- on every 10 months as an additional 5 installments. The total cost of the plot is Rs.25,000/-. There is a lucky draw on 9th day of every month. At the time of reservation of the plot the member has to pay Rs.3000/-. Accordingly the husband of the complainant was allotted Lucky No.42 in the month of July, 2000 year and paid 50 installments in toto. To prove the said contention the complainant has filed Exs.A-1 to A-51, out of which Exs.A-1 to A-48 are cash receipts passed by the OPs towards installments amount of the plot. Ex.A-48 is showing that the OPs have received 50th installment on 9-8-2004 which is an end of last installment for the scheme. Ex.A-50 is showing that the husband of the complainant was died on 1-5-2004. Ex.A-44, A-45, A-47 and A-48 are showing that the scheme installments were paid even after death of the husband of complainant. Therefore we are of the view that the complainant is being wife, she continued the housing plot scheme with the OPs even after death of her husband for the purpose of getting the housing plot. The plea of the complainant is that her husband has paid total 50 installments along with 5 additional installments @ Rs.1,000/- in every 10 months and Rs.6,000/- as registration charges. Exs.A-1 to A-48 are cash receipts issued by OPs. Though there are 48 cash receipts in numbering but Ex.A-48 is showing the endorsement that the OPs have received 50th installment. Hence we are in opinion that the husband of the complainant has paid 50 installments amount to OPs under the housing plot scheme. The complainant has not produced the receipts regarding to the 5 additional installments @ Rs.1,000/- in every 10 months and a receipt for Rs.6,000/- towards registration charges. In the absence of such evidence, we are not inclined to accept the version of the complainant that her husband has paid the said additional installments amounting to Rs.5,000/- and Rs.6,000/- towards registration charges. Therefore, we are of the view that the complainant is being wife of S. Narayana S/o Adivaiah who allotted membership as lucky No.42 under housing plot scheme is still due for Rs.5,000/- to the OPs for getting the plot. However, the complainant has pleaded herself in her complaint that there was a boom in the real estate business and the plots under the scheme were sold away by OPs at higher price to the third parties who are not at all members of the scheme. In view of own pleadings by the complainant in her complaint, we are of the considered opinion that there is no plots in the said survey numbers under the housing plot scheme floated by OPs.
9. In view of aforesaid discussion and findings, we are of the considered view that the OPs are liable to pay the market value of the plot extent of 150 Sq. yards as existed at Amisthapur village of Bhoothpur mandal, Mahabubnagar district as on the date of completion of housing plots scheme i.e., 9th August, 2004 year with 9% interest till realization to the complainant after deducting the due amount of Rs.5,000/- for 5 additional installments @ Rs.1,000/- in every 10 months under the scheme.
10. IN THE RESULT:- The complaint is allowed in part as under:-
1) The OPs are directed to pay the market value of the plot extent of 150 Sq. yards existed at Amisthapur village of Bhoothpur mandal in Mahabubnagar district as on the date of completion of housing plots scheme i.e., on 9-8-2004 with 9% interest till realization to the complainant after deducting the due amount of Rs.5,000/- under the scheme.
2) The OPs are further directed to pay Rs.1,000/- to the complainant as costs of the complaint.
