BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY

Dated this the 27^th day of April, 2018

Consumer Complaint No.6/2016

Dhanalakshmi wife of V. Subramanian,

No.24, 5^th Cross, Thanthai Periyar Nagar,

Puducherry – 605 005 rep. by Power of Attorney

M. Ravikumar, son of Muthumalla            

No.208, 'D' Block, Srinivasa Towers

Ajith Nagar, Reddiyarpalaym,

Puducherry – 605 010.

………                                  Complainant

Consumer Complaint No.7/2016

Maninder Kaur, wife of J.S. Sidhu   

New No.47, 1^st Main Road, 9^th Cross,     

Rajaji Nagar, Lawspet, Puducherry – 605 008.

………                                  Complainant

Consumer Complaint No.8/2016

Sudharsana, wife of G. Srinivasan   

BG-1, Temple Way Avenue, ECR,             

Lawspet, Puducherry – 605 008.

………                                  Complainant

Consumer Complaint No.9/2016

Momonchand Singh Athokpam @ A. Mamon Singh

Son of A. Ibo Singh           

F-2, Doctors Quarters, MAPIMS,                

Melmaruvathur, Tamil Nadu.

………                                  Complainant

Consumer Complaint No.10/2016

Dr. Veena Rajendra Kagne, wife of Rajendra Kagne

Flat No.2, Professor Quarters,             

Sri Manakula Vinayagar Medical College Campus

Kalitheerthalkuppam, Madagadipet            

Puducherry – 605 107.

………                                  Complainant

Consumer Complaint No.11/2016

1. Dr. Seetesh Ghose, son of Shyama Prasanna

2. Sonali Sarkar, wife of Seetesh Ghose      

    DII/9, JIPMER Campus, Dhanvantri Nagar,  

    Puducherry – 605 006.

………                        Complainants

Consumer Complaint No.12/2016

Malakumari, wife of Rajesh Kumar Sharma

No.247, Kavikuil Street, Ashok Nagar    

Lawspet, Puducherry – 605 008.

………                                  Complainant

Consumer Complaint No.13/2016

Nithin Chand, son of Chandran       

No.12, Bavani Street, Ashok Nagar, Lawspet

Puducherry – 605 008 rep. by Power of Attorney

K.K. Chandran, son of Kunhikannan,       

No.12, Bavani Street, Ashok Nagar, Lawspet

Puducherry – 605 008

………                                  Complainant

Consumer Complaint No.14/2016

1. K.C. Raghu, son of K.C. Govardhan

2. S. Padma, wife of K.C. Raghu

Flat No.2D, KG Traditions,

No.1, North Gopalapuram, 1^st street, Chennai – 600 086

rep. by Power of Attorney S. Balamukund, son of R. Sampath

and B. Anuradha, wife of S. Balamukundan,         

No.18, 2^nd Floor, 3^rd Cross Street, Elango Nagar

Puducherry – 605 011

………                                  Complainant

Consumer Complaint No.15/2016

Prakash, son of B. Srinivasan,      

No.8/6, Krishna Flats, Vivekanandapuram   

1^st Street, West Mambalam, Chennai – 600 033

Rep. by Power of Attorney G. Srinivasan, 

BG-1, Temple Way Avenue, ECR, Lawspet,    

Puducherry – 605 008.

………                                  Complainant

Consumer Complaint No.6/2017

M. Backiya Leela, wife of Maiyappan

235, Anaivilunthankulam Street            

Pattukottai, Tamil Nadu – 614 601 rep. by her

Power of Attorney D. Maiyappan, son of Dakshinamurthy

No.235, Anaivilunthankulam Street            

Pattukottai, Tamil Nadu – 614 601

………                                  Complainant

                                                               vs

J. Anandan, son of Jegananthan,

Proprietor of A & B Construction

7, Romain Rolland Street,

Puducherry – 605 001.

                                                          ……….                          Opposite Party

BEFORE:

HON’BLE JUSTICE Thiru K. VENKATARAMAN,   

PRESIDENT

 Thiru S. TIROUGNANASSAMBANDANE,

MEMBER

FOR THE COMPLAINANT:

Thiru H. D. Kumaravelu,  Advocate             

FOR THE OPPOSITE PARTY

Thiru Kalaivanan,  Advocate

COMMON ORDER

(By Justice Thiru K. Venkataraman, President)

          All the Eleven Consumer Complaints filed by different complainants / purchasers of flats against the one and the same opposite party / promoter are disposed of by this Common Order, as the facts in all the Eleven Consumer Complaints are similar in nature.

          2. All the Eleven Consumer Complaints are filed for the main relief of direction to the opposite party / promoter to handover possession of the respective flats agreed to be constructed by him to the respective buyer along with common amenities and facilities as per the specification and the terms and conditions of the agreement for construction and for compensation for the delay in handing over the possession of the respective flats to them, for deficiency in service, harassment, inconvenience and mental agony.   The other prayer in the said complaints include the return of excess payment with interest at 24% per annum and litigation cost of Rs.25,000/- in each of the complaints.  The alternate prayer in all the respective complaints is for a direction to the opposite party to return the amount paid by them with interest at 24% per annum and litigation cost of Rs.25,000/-.

          3. The details of the claim for compensation, return of excess amount paid by them to the opposite party and cost of litigation are tabulated below:

(Table 1)

          4. The gist of the complaints is set out hereunder. 

          The opposite party has advertised and informed the public about the construction of a residential apartment known as "The Temple Way Avenue" consisting of several blocks with several facilities.  The complainant on the basis of such advertisement, approached the opposite party and entered into an agreement in and under which the opposite party agreed to put up a flat in B schedule property.  A schedule property is a larger extent  of the property and the B schedule property is the property of Undivided Share agreed to be sold to the complainant.  Specifications are set out in the C schedule property with the extent of the respective Undivided Share and the interest in the common area and also facilities are set out in the D Schedule of Property mentioned in the agreement for construction.  

          5. The details of various dates on which the respective agreement for construction was entered into by the respective complainants with the opposite party, the total cost of flat including the value of UDS, the amount paid by the respective complainant and the date of execution of sale deed of UDS are tabulated below:

(Table 2)

              6. It is agreed by the opposite party that the construction will be carried out within 18 months and possession will be handed over.  The opposite party executed the sale deed of the UDS over the land on the dates shown above.  It is the case of the respective complainants that the opposite party executed the sale deed for the respective UDS mentioning a lesser value due to the factum of lowering of the land value than what was agreed to at  the time of entering into the agreement for construction.  Therefore, it is presumed that the balance amount of difference shall be deducted from the cost of construction.   Thus, the opposite party who has received the excess payment has to repay the said excess price to the respective complainants i.e. value of UDS mentioned in the construction agreement less actual value of sale deed. 

          7.  The opposite party is bound to hand over possession of the flat to the complainant within a period of 18 months from the date of construction agreement.  However, the opposite party had not handed over the possession.  The complainants are residing in rented premises and the monthly rent could have been saved if the opposite party handed over the property in time.  Hence, the complainants, after issuing notice to the opposite party, filed the complaints. for the reliefs set out above.

           8. The opposite party has filed reply version and the gist of the same is set out hereunder:

          After verifying the quality of construction and the fair fixation of the flat, the complainant has volunteered to purchase a flat from the opposite party and accordingly entered into an agreement.  However, later, under the ill-advice and instigation of the business enemies of the opposite party, the complainant created problems with regard to the rate of the flat and refused to adhere the memorandum of agreement by insisting that the rate of the Undivided Share of the plot area should be reduced  and failed to pay the balance sale consideration.  Hence, the opposite party could not complete the construction.  That apart, the complainant started spreading rumours about the complainant in public and amongst the persons who visited the site for purchasing the remaining flats which has prevented the sale of remaining flats.  Further, due to the recession in the flat promotion sectors, cost of various factors along with rise in the cost of construction materials and sand, the opposite party could not finalize the construction. 

          (b) The opposite party denies the allegation that by mutual consent the sale price of undivided share has been reduced than the amount mentioned in the agreements.  Therefore, the opposite party is not liable to pay the difference amount demanded by the complainant.

          [c] There are totally 27 flats in 'D' Block and 16 flats had been booked and the entire blocks in the "D" blocks had to be constructed.  He has availed loan for construction.  However, due to the problems created and false propaganda by the complainant, the remaining flats could not be sold.  The bank has foreclosed the loan and attached all the properties of the opposite party including his residential house.  The opposite party could not complete the construction since the complainant has not paid the balance amount.  That apart, the health condition of the opposite party was deteriorated in view of the various problems created by the complainant and others and the bank.  The complainant was under continuous treatment while he received the Advocate Notice and hence, he could not reply for the notice.  The reply version, thus, seeks for dismissal of the complaint.

          9. On behalf of the complainants in the eleven consumer complaints,  the complainants examined himself / herself as CW1 in C.C. Nos.  7/2016 to 12 / 2016 and 6 / 2017 and the Power Agent of the complainants was examined as CW1 in C.C. Nos.  6/2016 and 13 / 2016 to 15 / 2016.  Four documents were marked as Exs. C1 to C4 in C.C. No. 13 / 2016; Five documents were marked as Exs.C1 to C5 in C.C. Nos.7, 8 and 15 / 2016; six documents were marked as Exs.C1 to C6 in C.C. Nos. 6, 9, 10, 11, 12 / 2016 and C.C. 6 /2017 and seven documents were marked as Exs.C1 to C7 in C.C. 14 / 2016. 

           10. On behalf of the opposite party, one Anandan, the Proprietor of the opposite Party was examined as RW1.  However, no documents were filed on behalf of the opposite party. 

          11. We have perused the pleadings, documents, the oral evidence adduced by both the parties and the written submissions made by both the Counsels.

          12. The points for determination are:

1. Whether the complainant is a Consumer as per the Consumer Protection Act?
2. Whether there is any deficiency on the part of the opposite party?
3. Whether the complainant is entitled to the relief sought for against the opposite party?
4. What other reliefs, the complainant is entitled to?

           13. On Point No.1:  Whether the complainants is a Consumer?

          We are of the view that since the complainants entered into an agreement with the opposite party for putting up a flat to him / her, definitely he / she has to be construed as a Consumer as per the Consumer Protection Act.  This point is held in favour of the complainants.

          14. On Point No.2: Whether there is any deficiency on the part of the opposite party?

          The respective complainants entered into separate Memorandum of Agreement with the opposite party on different dates which is marked as an exhibit in the respective case and also the  opposite party executed respective  Registered Sale Deed on different dates  in respect of the undivided share which is also marked as an exhibit in the respective case.  Undoubtedly, the opposite party has not finished the construction and handed over possession of the B schedule property agreed to be constructed by him along with common amenities and facilities.  Though the opposite party blames the complainant for not settling the balance money, the fact remains that the opposite party has not completed the construction and left over many things to be completed by him. 

15. In all the eleven consumer complaints, a perusal of the respective agreement for construction would show that the respective agreement had been executed on different dates, so to say, in the year 2007, 2008, 2011 and 2012 and that several years have passed, ranging from 6 to 10 years, the complainant could not see the finished construction and occupy the same.  This is nothing but deficiency on the part of the opposite party.  Though the opposite party pleads several excuses, in our considered view, the same could only be lame excuses and nothing more.  Therefore, we are of the considered view that there is clear deficiency on the part of the opposite parties.

          16. Point No.3:

          The third issue is whether the complainants are entitled to the reliefs sought for against the opposite party. 

          17. As stated already, the opposite party who has entered into the said  agreement with the complainants and executed the sale deeds in respect of the undivided share of the land on different dates,  even after several years since then, has not completed and handed over the possession of the building to the complainants.  Therefore, the complainants are undoubtedly entitled to the reliefs against the opposite party.  However, it has to be seen whether the complainants are entitled to all the reliefs sought for by them in the complaint.

          18. In all the complaints, the complainants are seeking an award in their favour directing the opposite party to hand over possession of B schedule property agreed to be constructed along with common facilities and amenities as per the specification of undertakings made in the agreement.  This prayer in view of the discussion made above and in view of the decision taken earlier, the complainants are entitled to the said relief.  The opposite party has to complete the construction with all the amenities within three months from the date of receipt of this order.

          19. As regards the compensation for the delay in delivery is concerned, the complainants in ten complaints except C.C. No. 13 / 2016, had claimed compensation of Rs..20,00,000/- each, whereas, in C.C. 13 / 2016, a compensation of Rs.15,00,000/- is claimed.    As discussed / decided earlier, the opposite party though several years ranging from 6 to 10 years  have rolled in has not completed the construction and handed over the same to the complainants.  As rightly set out in the complaint, had the complainants occupied the premises, if the possession had been handed over to the complainant after completing the construction, the necessity of staying in a rented premises by paying rent every month would not have arisen.  Furthermore, the complainant would not have faced mental agony and the frustration caused by the opposite party cannot be measured in terms of money.  Therefore, the complainants are undoubtedly entitled for a compensation for the delay in delivering the flats for them.  However, the compensation that has been sought for by the complainants are on the higher side.  Therefore, we restrict to a sum of Rs.9,00,000/- (Nine lakhs) in C.C. No. 6, 7, 9, 10, 12 and 14 of 2016 and C.C. No. 6 / 2017;  Rs.10.00 lakhs as regards C.C. Nos. 8 of 2016;  Rs.7.00 lakhs in C.C. No. 11 / 2016;  Rs.6.00 lakhs in C.C. No. 13 / 2016 and Rs. 8.00 lakhs in C.C. No. 15 / 2016 considering the payments made by them, the amount specified in construction agreement etc.  in each complaint, as compensation for the delay in delivery of the property and depriving the complainants from occupying the premises of their own by avoiding payment of rent every month for the rented premises, the mental agony caused to them in all these years.

          20. As far as the return of excess payment sought for by the complainants in some complaints, it is their case that for the undivided share, a sum of Rs.15,00,000/- has been fixed in the Agreement, but the sale consideration in the sale deed pertaining to the undivided share was for less amount, it varies in each of the complaints.  The total amount fixed under the Memorandum of Agreement dated 13.11.2011 Ex.C2 pertaining to the construction of the building also varies in each of the complaint.  The complainants has paid totally a different amount in each of the complaints to the opposite party.    

          21. The Complainants plead that the opposite party executed the Sale Deed for the respective UDS mentioning a lesser value due to the factum of lowering of the land value then what was agreed at the time of entering into the Agreement for Construction.  It is further stated that it is presumed that the balance amount of difference shall be deducted from the cost of construction.  Thus, it is contended by the Complainants that the opposite party received the excess payments and has to repay the said excess price to the respective complainants i.e. to say the value of the UDS mentioned in the Construction Agreement less actual value of the  Sale Deed.

          22. The said submission made by the complainant was carefully considered by us.  It is an admitted case that no separate agreement for the above statement was entered into between the complainant and the opposite party.  Even according to the complainant, it is presumed that the balance amount of difference shall be deducted from the cost of construction.  While so, during the course of the argument the Learned Counsel for the complainant submitted that it was an oral agreement between the parties that the balance amount of difference shall be executed from the cost of construction.  The said stand taken by the complainant was denied on behalf of the Respondent.

          23. If really the said understanding was arrived at between the parties, definitely there would have been a written agreement between the parties.  However, no such written agreement was entered into between the parties.  That apart even the case of the complainant is that it is presumed that the balance amount of difference shall be deducted from the cost of construction.  While so, as stated already, the Learned Counsel appearing for the complainant submitted that it was an oral agreement to that effect between the parties.  We are not carried away by the said stand taken by the complainant since there is no concrete evidence to establish such plea.  In the absence of any valid document to prove such plea taken by the complainants, we are of the view that such plea taken by the complainant cannot be acceptable.  Therefore, we have no other option but to reject the said contention taken by the complainant and accordingly the same is rejected. 

          24. In view of such decision taken, the complainants have to pay the balance payable by them to the opposite party as agreed by them in agreement entered into between the parties viz. Ex.C1 / Ex.C2.  The said amount has to be payable by the complainants to the opposite party before handing over possession of the respective flats to them.  We are not ordering such payment to the opposite party before completing the construction since there is every possibility that after the receipt of the money from the complainants, the opposite party may not complete the construction.  Considering the attitude of the opposite party in not completing the construction for so many years, we are constrained to take such view.

          25. The complainants in their oral evidence spoken about the various alleged deficiency and also the opposite party was cross-examined on those deficiency.  Also during cross-examination of RW1, the Counsel for complainants put a suggestion to him that he has diverted the funds which was collected from the complainants to other projects.  Unfortunately, those things were not pleaded in the complaint.  No amount of evidence without pleadings cannot be considered.  This view is taken in number of matters by the Hon'ble High Court, Madras.

          (a)     In the Judgment reported in 2009 (4) CTC 377 in the case of Muthamil Selvam and A. Manickam, the Hon'ble High Court, Madras has held:

          "28. It is an axiomatic principle of law that without pleadings with regard to particular aspect, no evidence can be adduced and further any amount of evidence without necessary pleadings need not be looked into."

          (b)     In the case of Siddik Mohamed Shah V. Mt. Saran and others reported in AIR 1930 Privy Council 57 (1) it is held thus"….Where a claim has been never made in the defence presented, no amount of evidence can be looked into upon a plea which was never put forward."

          [c]      In the case of Shanmughasundaram V. A.S. Narayanaswami and others reported in (1988) 1 MLJ 56 whereby and whereunder it is observed as follows" "No amount of evidence can be looked into upon a plea which was never put forward."

          (d) In the case of Oriental Insurance Company Ltd., Divisional Office, No.118-B, West Perumal Maistry Street, Madurai-1 V. T. Pitchaimani and others reported in 1998 (1) CTC 162 wherein it is laid down as follows:  "Normal rule is in the absence of any pleading any amount of oral evidence will not be of any use at all since such oral evidence without pleading is likely to take other party by surprise."

          26.     Thus, the above pronouncement made in those decisions it has been clearly set out that no amount of evidence without pleadings can be accepted.  Therefore, the various deficiency pointed out by the complainants in their oral evidence and the questions put to RW1 during his cross examination on such deficiency cannot be considered.  Therefore, we are of the firm view that such plea which was not taken in the complaint filed by the complainants cannot be taken note of by us.

          27.  The complainants claimed litigation expenses of Rs.25,000/- from the opposite party.  We are of the view that the complainants has waited for several years and till date the possession has not been handed over to them.  The litigation expenses therefore is fixed at Rs.20,000/- and the same is liable to be payable by the opposite party to each of the complainants.

          28.  The complainants also sought for alternative relief, namely, directing the opposite party to return a sum of Rs.44,65,000/- paid by them with 24% interest.  In view of the relief that has been granted above, we are of the view that the complainants are not entitled to the relief of return of the amount.

29. On Point No.4:

In fine, the complaints are disposed of with the following reliefs:

1. The opposite party has to complete the B schedule property and hand over the possession of the same to each of the complainants with all amenities set out in the memorandum of agreement between the parties which are marked as Ex.C1 / Ex.C2 within three months from the date of receipt of this order;
2. The opposite party has to pay each of the complainants a sum of Rs.9,00,000/- (Rupees nine lakhs only) in C.C. No. 6, 7, 9, 10, 12 and 14 of 2016 and C.C. No. 6 of 2017;   Rs.10,00,000/- (Rupees ten lakhs only) in C.C. No. 8 of 2016;  Rs.7,00,000/- (Rupees seven lakhs only) in C.C. No. 11 of 2016;  Rs.6,00,000/- (Rupees six lakhs only) in C.C. No. 13 of 2016 and Rs.8,00,000/- (Rupees eight lakhs only) in C.C. No. 15 of 2016 towards compensation within three months from the date of receipt of this order, failing which it will carry an interest at 10% from the date of expiry of three months till the full payment is made;
3. The complainants have to pay balance payment to the opposite party as per the Memorandum of Agreement Ex.C1 / Ex.C2 at the time of handing over possession of the respective flats to the complainants
4. Litigation expenses at the rate of Rs.20,000/- payable by the opposite party to each of the complainants;
5. In view of the relief set out earlier has been granted, the alternative relief sought for by the complainants in para 8 clause (iv) are not granted to the complainants.

Thus, the complaint is disposed of accordingly. 

(Justice K. VENKATARAMAN)

PRESIDENT

(S. TIROUGNANASSAMBANDANE)

MEMBER

A Schedule (Entire Property) in C.C. Nos. 6, 7, 8, 9, 10, 11, 12, 14 of 2016 and 6 / 2017

As per document in cadastre Nos.1331 1/5,1331 3/5,1339 ¾, R.S.No.142/7, vacant land,32,280 Sq.feet or 30-Ares.

Boundaries: To the East of R.S. No.143 land owned by Kuxhandaivel, to the west of J. Ananthan land and Puducherry Slum Clearance Board land, to the south of
J. Ananthan land and canal and R.S.No. 142/8 land and R.S.No.142/61 and to the north of J.Ananthan’s land

2. In cadastre No.1338 part, 1340 part, R.S.No.142/8 vacant land 1266 Sq.feet or 117.65 Sq.mts.

Boundaries: To the East of Canal and 100 feet Road, to the North of canal and
J. Ananthan Plot, to the west and to the south of M/s Kasilival petrochem purchased land.

3. In cadastre Nos.1338 part,1340pat,R.S.No.142/8 vacant land,1300 Sq.feet or 120.81 Sq.mts.

Boundaries: To the East of 100 feet road and J. Ananthan Plot, to the west of J.Ananthan plot, to the south of D. Jayaraj plot and to the north of J. Ananthan plot and

4. In cadastre Nos.1331/5, 1331 /3/5,1339 /2/4,1339/3/4,1331/2/5 part R.S.No.142/7, vacant land 29 Ares,60 centiares or 31,850 Sq.feet

Boundaries: To the south of owner’s remaining land in R.S.No.142/7 and R.S.No.142/6 land to the east of R.S.No.143 land and owner’s remaining land in R.S.No.142/7 to the North of canal and to the west of Gramani’s Land in Pondicherry Registration District, Oulgaret Sub-Registration District Oulgaret Municipality, Village No. 38, Saram Revenue villagae. East Coast Road

A Schedule (Entire Property) in C.C. No. 13 / 2016 and 15 / 2016

Pondicherry Registration District, Oulgaret Sub-Registration District Oulgaret Municipality, Village No. 38, Saram Revenue villagae. East Coast Road

In R.S.No.142/7 & 142/8 cadastre Nos.1331 1/5, 1331 2/5pt, 1331 3/5, 1339 2/4,

1339 ¾,1338pt, 1340pt, vacant land measuring 66696 Sq.ft,

Boundaries: To the East of land in R.S.No.143/1, 143/3, to the west of the land in R.S.No.142/6, & R.S.No.139 in the land of Giramani, to the south of E.C.R Road and land in Re. Survey Nos.142/8, 142/6 to the north of Government canal

'B' Schedule in CC.6/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Third Floor Flat No.4 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed with one car parking.

'B' Schedule in CC.7/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Third Floor Flat No.2 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed with one car parking.

'B' Schedule in CC.8/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Fourth Floor Flat No.5 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed in the memorandum of agreement with one car parking.

'B' Schedule in CC.9/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Second Floor Flat No.5 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed in the memorandum of agreement with one car parking.

'B' Schedule in CC.10/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the First Floor Flat No.4 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed with one car parking.

'B' Schedule in CC.11/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Second Floor Flat No.2 having an extent of 1479 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed with one car parking.

'B' Schedule in CC.12/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Second Floor Flat No.4 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed in the memorandum of agreement with one car parking.

'B' Schedule in CC.13/2016

Apartment measuring 898 sq,ft of  Block D, Floor III, Flat No.3 approximately to be constructed in the schedule"A" land with common area and amenities.

'B' Schedule in CC.14/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Third Floor Flat No.1 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed in the memorandum of agreement with one car parking.

'B' Schedule in CC.15/2016

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the First Floor Flat No.5 having an extent of 1479 Sq.feet, including undivided share in common areas and amenities as per the specification and undertaking made in the agreements.

'B' Schedule in CC.06/2017

In the 6 storeyed Residential Apartments to be constructed in A-Schedule land, D Block in the Third Floor Flat No.5 having an extent of 1536 Sq.feet, including undivided share in common areas and facilities shaded Red in the plan enclosed

(Justice K. VENKATARAMAN)

PRESIDENT

(S. TIROUGNANASSAMBANDANE)

MEMBER

LIST OF COMPLAINANT'S WITNESSES:

LIST OF OPPOSITE PARTY'S WITNESS in all CCs

RW1           27.10.2017 and 08.11.2017    J. Ananthan                 

LIST OF COMPLAINANT'S EXHIBITS in C.C. 6 / 2016:

Ex.C1                            Photocopy of Power of Attorney,

Ex.C2                            Photocopy of Memorandum of Agreement

Ex.C3                            Photocopy of Sale Deed

Ex.C4                            Photocopy of Payment Receipts series

Ex.C5                            Photocopy of Legal notice

Ex.C6                            Photocopy of Acknowledgement card

LIST OF COMPLAINANT'S EXHIBITS in C.C. Nos. 7 and 8 / 2016:

Ex.C1                            Photocopy of Memorandum of Agreement

Ex.C2                             Photocopy of Sale Deed

Ex.C3                            Photocopy of Payment Receipts series

Ex.C4                            Photocopy of Legal notice

Ex.C5                            Photocopy of Acknowledgement card

LIST OF COMPLAINANT'S EXHIBITS in C.C. No.9, 10, 11 and 12 / 2016:

Ex.C1                            Photocopy of Memorandum of Agreement

Ex.C2                            Photocopy of Sale Deed

Ex.C3                            Photocopy of Payment Receipts series

Ex.C4                            Photocopy of Legal Notice

Ex.C5                            Photocopy of Legal notice

Ex.C6                            Photocopy of Acknowledgement card

LIST OF COMPLAINANT'S EXHIBITS in C.C. 13 / 2016:

Ex.C1                            Photocopy of Power of Attorney

Ex.C2                            Photocopy of Memorandum of Agreement

Ex.C3                            Photocopy of Sale Deed

Ex.C4                            Photocopy of Payment Receipts series

LIST OF COMPLAINANT'S EXHIBITS in C.C. No.14 / 2016:

Ex.C1                            Photocopy of Power of Attorney

Ex.C2                            Photocopy of Memorandum of Agreement

Ex.C3                            Photocopy of Sale Deed

Ex.C4                            Photocopy of Payment Receipts series

Ex.C5                            Photocopy of Legal Notice

Ex.C6                            Photocopy of Legal notice

Ex.C7                            Photocopy of Acknowledgement card

LIST OF COMPLAINANT'S EXHIBITS in C.C. 15 / 2016:

Ex.C1                            Photocopy of Power of Attorney,

Ex.C2                            Photocopy of Memorandum of Agreement

Ex.C3                            Photocopy of Sale Deed

Ex.C4                            Photocopy of Payment Receipts series

Ex.C5                            Photocopy of Legal notice

LIST OF COMPLAINANT'S EXHIBITS in C.C. 6 / 2017:

Ex.C1                            Photocopy of Memorandum of Agreement

Ex.C2                            Photocopy of request letter by Complainant's husband to OP

Ex.C3                            Photocopy of Sale Deed

Ex.C4                            Photocopy of Payment Receipts series

Ex.C5                            Photocopy of Legal notice

Ex.C6                            Photocopy of Acknowledgement card

 (Justice K. VENKATARAMAN)

PRESIDENT

(S. TIROUGNANASSAMBANDANE)

MEMBER