This case coming on 27-06-2014 before this Forum in the presence of Sri C.V.PRASAD, Advocate for the Complainant and Sri C.R.Vasantha Kumar, Advocate for the Opposite Party, having stood over till this day for consideration, the Forum made the following:

O  R  D  E  R

(As per the Honourable President (FAC) on behalf of the Bench)

1. The case of the complainant in brief is that the complainant joined as a member in the Opposite Party venture VIZ., Sai Vishnu Phase-II  On 22-09-1999. The Complainant took two plots in the said venture by paying Rs.100/- towards admission charges and also paid Rs.8,000/- towards Plot Reservation. The Opposite Party issued two passbooks in favour of the complainant bearing Nos.1202 and 1203. The complainant paid Rs.62,000/- for two plots. The Opposite Party issued cash receipts in favour of the complainant. On 22-08-2009, the complainant approached the Opposite Party and asking them to register the Plots or refund the amount as paid by the complainant earlier. Inspite of many requests made by the complainant, the Opposite Party did not register the plot or refund the amount. Hence, this compliant.

1.  To direct the Opposite Party to pay a sum of Rs.62,000/- with interest @ 24% p.a.,
2. To direct the Opposite Party to pay a sum of Rs.10,000/- for the mental agony, torture and tension.
3. To costs of Rs.2,000/- for filing of the compliant; and
4. For such other relief/reliefs as the Forum may deem fit and proper in the circumstances of the case.

1. The Opposite Party strongly resisted the claim of the complainant by filing its counter. As can be seen from its counter, the Opposite Party denied all the allegations made by the complainant stating that after all the hard work over the period of time and having accomplished the job, the Opposite Party could get the layout approval LP No.2/10 dated 7-1-2010. The Opposite Party stated that the complainant himself is the defaulter he had paid Rs.62,000/- only. So, they have no liability to pay any amount as prayed by the complainant.
2. At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exhibits A1 to A8 are marked for the complainant. No documents were marked for Opposite Party. Heard both sides.

Exhibit A1 is the Pass Book issued by the Opposite Party dated 22-12-1999 and Exhibit A2 is the Pass Book issued by the Opposite Party,  dated 22-12-1999, Exhibit A3 is the Cash receipt dated 22-12-1999 issued by the Opposite Party, Exhibit A4 is the Cash receipt dated 22-12-1999 issued by the Opposite Party, Exhibit A5 is the cash receipt dated 10-10-2002 issued by the Opposite Party, Exhibit A6 is the Cash receipt dated 22-12-1999 issued by the Opposite Party, Exhibit A7 is the cash receipt dated 22-12-2002 issued by the Opposite Party and  Exhibit A8 is the Cash receipt dated 10-10-2002 issued by  the Opposite Party.

1. The fact shown from Exhibit A1 to A2 reveals that these two pass books were issued by the Opposite Party in favour of the Complainant. The complainant started payment from 22-12-1999, he paid Rs.31,000/- till 10-10-2002. 
2. The point that would arise for determination in the case is:

  Whether there is any deficiency of service on the part of     the OP? if so, Whether the Complainant is entitled to the reliefs asked for?

6. After careful perusal of the case record, this forum finds that the complainant paid Rs.62,000/- for two plots    booked by him in the Opposite Party’s Venture Though the complainant paid the said amount, the Opposite Party did not register the plot in favour of him. Though the complainant is a defaulter, the Opposite Party did not show any layout approval till 7-1-2010. The complainant rightly stopped payments as the Opposite Party fails to get approval after lapse of 8 years. Therefore, the complainant rightly stopped the payments. The Opposite Party failed to prove any effort made by them to get approval. The opposite Party committed breach of contract. As such, the complainant’s wish of having a plot is defeated by the acts of the Opposite Party. It amounts to deficiency in service on the part of the Opposite Party. Hence, the     complainant is entitled to Rs.62,000/- with some compensation and costs too.

7. In the result, the complaint is allowed, directing the OP: 1) to refund Rs.62,000/- (Rupees Sixty Two Thousand only) with interest @ 9% p.a., from the date of last payment i.e., 10-10-2002 till the date of actual realization; 2) to pay a compensation of Rs.10,000/-(Rupees Ten thousand only); and 3) to pay costs of Rs.2,000/- (Rupees Two 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 14^th day of July, 2014.

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Male Member                                     President

LIST OF DOCUMENTS

For the Complainant:
 

For the Opposite Party :-    -nil-    
 

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Male Member                                     President