Andhra Pradesh

Visakhapatnam-II

CC/390/2011

Jangareddi Satya Sailaja - Complainant(s)

Versus

Jana Sravanthi Housing Private Limited - Opp.Party(s)

M. Prasanna Kumar

16 Aug 2014

ORDER

                 Registration of the Complaint:29-09-2011           Date of order:16-08-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

 

Present:-

  

1. Smt.K.Saroja, M.A., B.L.,

                   President (FAC)     

1. Sri C.V.Rao, M.A.,B.L.,

                   Male Member   

 

             

SATURDAY, THE 16^TH DAY OF AUGUST, 2014      

CONSUMER CASE NO.390/2011

 

Between:

SMT.JANGAREDDI SATYA SAILAJA W/O K.KOTESWARA RAO,

HINDU, AGED 39 YEARS, R/AT C/O J.MADHAVARAO,

R/O PLOT NO.41, MIG-I, SECTOR-3, DHARMA SAKTHI NAGAR,

M.V.P.COLONY, VISAKHAPATNAM.

                             …COMPLAINANT

And:

JANASRAVANTHI HOUSING PVT. LTD., REP. BY ITS

MANAGING PARTNER CUM BUILDER,

SRI MADDURI SRINVIASA RAO  S/O M.V.SUBBA RAO,

HINDU, AGED 41 YEARS,BUILDER CUM MANAGING PARTN

R/O D.NO.11-1-10, BESIDE PLOT NO.44B, 1^ST FLOOR,

PLOT NO.109, SAI GAYATRI NILAYAM,

POTHINA MALLAYYAPALEM, R.K.NAGAR, VISAKHAPATNAM-41.

 

   …OPPOSITE PARTY

 

 

This case coming on 03-07-2014 for final hearing before this Forum in the presence of Sri M.PRASANNA KUMAR, Advocate for the Complainant and of Sri.P.V.R. GOPAL, Advocate for the Opposite Party and having stood over till this day for consideration, the Forum made the following:

 

 

 

O  R  D  E  R

(As per the Honourable Member on behalf of the Bench)

 

1.The complainant asks the forum to pass an award in her favour and against the Opposite Party as follows;

a) Pass an order directing the Opposite Party to allot car parking to the complainant or to pay car parking amount of Rs.25,000/- with interest from 4-5-2007, i.e., from the time of issuing car parking receipt till realization;

b) to pay Rs.12,000/- towards BPS paid to GVMC for no fault of the complainant along with interest @ 24% p.a., from   7-5-2009 till realization;

c) to pay Rs.5,000/- which was paid to GVMC towards occupancy certificate to get electricity from APSEB along with interest @ 24% p.a., till realization;

d) to pay penal rent of Rs.56,000/- for a period of 28 months @ 2,000/- per month i.e., from March 2007 till June 2009 along with interest @ 24% p.a., from June 2009 till realization;

e) to pay Rs.5,000/- towards the charges for attending the corridor paintings;

f) to pay the plumbing and grouting works of Rs.4,027/- to the complainant;

g) to pay service tax of Rs.22,000/- along with interest @ 24% p.a., from 06-05-2011 till the date of realization;

h) to pay Rs.50,000/- towards mental agony and physical strain caused to the complainant;

i) to pay costs of this complaint; and

h) Pass such other or further reliefs as the Forum deems fit and proper in the circumstances of the case.

2.The Opposite Party strongly resisted the claim of the Complainant and asked the forum to dismiss the complaint with costs.

3.The case of the complainant, as can be seen from the complaint, is that the Opposite Party is doing real estate business, he used to undertake construction of apartments, etc., The complainant has purchased a site in an extent of 35sq.yds undivided and unspecified share out of 4356sq.yds covered by S.No.23/1, 2 part bearing patta no.23, 19 of Pothina Mallayyapalem Village, Visakhapatnam by way of a  registered sale deed dated 12-05-2005 bearing document no.1627/2005 from the original owners Pothina Venkata Ratnam and others rep., by their GPA Holders P.Anand Kumar and M.Sreenivasa Rao (the Opposite Party herein) for a valid sale consideration and the complainant and the Opposite party entered into an agreement for construction of residential unit in the above said site vide registered document no.1627/2005 dated 12-05-2005 for Unit NO.8 in Block B in the first floor with a plinth area of 1085sft (including common areas and balconies). The Opposite Party agreed to construct the flat for Rs.4,77,400/- and the complainant stated that it is recited in the above said agreement that the construction of the residential unit shall be completed and handed over possession of the same within 18 months with a grace period of 3 months from the date of the agreement and Opposite Party failed to complete the construction of the flat within the time prescribed in the agreement and the complainant has paid the entire cost of the construction of Rs.4,77,400/- to the Opposite Party by 09-02-2008, but the Opposite Party handed over the flat in the month of June, 2009 and the complainant also paid the car parking charges of Rs.25,000/- and the complainant is an employee in Andhra Bank and she obtained loan by pledging the original title deeds and construction agreement with the said bank and the complainant further stated that the Opposite Party has not provided the car parking to the complainant till date and the complainant has been requesting the Opposite Party to allot the car parking , but the Opposite Party has been postponing the same on some pretext or the other by making false promises. In fact the Opposite Party has to hand over the flat in the month of March, 2007 but due to delay in construction of the flat and handing over the same, the complainant had lost the rent at the rate of Rs.2,000/- per month from March 2007 till June, 2009 i.e.,  for a period of 28 months and the complainant stated also that during the construction, the Opposite party has neglected to attend the works and also not taken care to get electricity from APSEB and occupation certificate from GVMC . On giving a complaint to P.M. Police Station against the Opposite Party by the complainant, the Opposite Party promised to pay the necessary charges to GVMC/APSEB. But the Opposite Party did not pay the dues to them and then the complainant was forced to pay Rs.5,000/- towards electricity charges and Rs.12,000/- to G.V.M.C. Thus, there are various lapses on the part of the Opposite Party as per the agreement. Hence, this complaint.

4.   The complainant filed an evidence affidavit besides written arguments to support her claim. Exhibits A1 to A12 are marked for the Complainant.

5.   On the other hand, the Opposite Party, resisted the claim of the complainant by contending, as per the counter and evidence affidavit, that the Opposite Party is a builder doing real estate business and the Opposite Party entered into an agreement for construction of residential unit in the site purchased by her under sale deed no.1627/2005 for unit no.8 of Block B-1 FF and that the Opposite Party agreed to construct the flat for Rs.4,77,400/- and the complainant failed to comply the terms of agreement and failed to pay the cost of construction charges etc., to the Opposite Party within the stipulated period and as such the Opposite Party was unable to complete the construction of residential flat within the stipulated period but there is no deficiency of service towards the complainant in any manner. It is false to allege that the complainant paid the entire costs of construction of Rs.4,77,400/- to the Opposite Party by 9-2-2008 but the Opposite Party handed over the flat in the month of June, 2009 and that she also paid the car parking charges of Rs.25,000/- etc., The complainant did not approach the Honourable Court with clean hands and as such the complainant is not entitled for any of reliefs or reliefs as prayed for.

6.   The Opposite Party filed an evidence affidavit to buttress its contention. No exhibits are marked for the Opposite Party.

7.   After careful perusal of the case record, this Forum finds that the Complainant was handed over the flat in the month of June, 2009 as averred by the Complainant herself in the complaint. So, it can be readily surmised that she paid the entire amount stipulated in the agreement for construction (Exhibit A2). Moreover, the Opposite Party did not question the veracity of any of the receipts filed by the complainant. All the same, the complainant cannot demand the Opposite Party regarding corridor paintings, and plumbing works as more than 6 months, stipulated in Clause 24 of Agreement for construction (Exhibit A2), has lapsed by the time of filing of this complaint in the year 2011.  The complainant is also not entitled to get any penal rent as clause 10 of the Exhibit A2 agreement for construction expressly states that the builder (Opposite Party) shall not incur any liability if he is unable to construct and deliver the possession of the said residential unit within the date stipulated. No penal clause regarding payment of rent to the Complainant is included at any place in this agreement Exhibit A2.  The complainant is not entitled to get back the amounts paid towards BPS to GVMC, towards occupancy certificate to GVMC and also Service Tax as per Clauses 12, 14, 20 and 27. These are the payments which the complainant is liable to pay. This forum also finds that there is no evidence in the case record to show that an amount of Rs.25,000/-  was paid by the complainant towards car parking to the Opposite Party. However, the Opposite Party is liable to provide car parking to the complainant as in Exhibit A9 receipt, the Opposite Party admitted in writing that the amount of Rs.70,000/- received by that receipt is towards part payment of 1085sq.ft including car parking. So, it can be readily concluded that provision of car parking is part and parcel of the Construction Agreement between the Complainant and the Opposite Party. But though the flat was handed over in the month of June, 2009 to the Complainant, to-date for the last 5 years, the OP failed to provide the car parking to the complainant as agreed. This shows outright deficiency of service on the part of the OP. The complainant is definitely entitled to get car parking from the OP. Moreover, because of the deficiency of service on the part of the Opposite Party, as it did not provide car parking as agreed, the complainant should have suffered mental agony and physical pain. As such, she is entitled to sufficient compensation. As the Complainant is forced to file this complaint because of the deficiency of service on the part of the Opposite Party, she is entitled to costs of the complaint too.

8.   In the result, this Forum directs the Opposite Party: a) to provide car parking, b) to pay a compensation of Rs.15,000/- (Rupees Fifteen Thousand only) and C) to pay costs of Rs.3,000/- (Rupees Three Thousand only) to the complainant. Time for compliance, one month from the date of this order. 

 

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on  this the 16^th August, 2014.

 

Sd/-                                        Sd/-

President                                  M.Member

Documents Marked

 

For the Complainant:-

EXHIBITS	DATE	DESCRIPTION OF THE DOCUMENT	REMARKS
A-1	12-05-2005	Registered Sale Deed	Photostat copy
A-2	12-05-2005	Registered Construction Agreement	Photostat copy
A-3	21-03-2005	Receipt for Rs.2,500/-	Original
A-4	26-03-2005	Receipt for Rs.92,500/-	Original
A-5	02-04-2007	Receipt for Rs.50,000/- issued by OP	Original
A-6	28-04-2005	Receipt for Rs.77,375/-	Original
A-7	06-07-2005	Receipt for Rs.1,35,000/-	Original
A-8	17-09-2005	Receipt for Rs.1,00,000 /-	Original
A-9	04-05-2007	Receipt for Rs.70,000 /-issued by OP	Original
A-10	07-05-2009	Bankers cheque for Rs.12,000/-	Photostat copy
A-11	25-03-2011	Registered Lawyer’s notice	Office Copy
A-12	29-03-2011	Returned Postal Cover	Original

 

For the Opposite party:-   -nil-

Sd/-                                              Sd/-

President                                   M.Member