This case coming on 2-7-2014 before this Forum in the presence of P.SRINIVASA RAO, 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 intends to purchase two plots from the Opposite Party, measuring 200sq.yds each for the cost of Rs.1,20,000/- each in the Venture of Sai Vishnu Phase-II/A and the complainant paid a sum of Rs.27,500/- towards each plot i.e., total sum of Rs.55,000/-. The complainant joined as a member in the above scheme on 3-9-2000 and paid installments upto 5-10-2002 under two pass books bearing nos.1447 and 1448. The complainant made several visits to the venture of Sai Vishnu Phase II. The complainant found that there was no development. The complainant demanded the Opposite Party to show the LP but the Opposite Party failed to obtain  from VUDA and requested to wait some more time but the Opposite Party failed to obtain LP from VUDA. Then, the complainant stopped to pay further installments. The complainant approached the Opposite Party and requested to allot another plot in any approved layout and he will also pay the balance to the Opposite Party. But the Opposite Party failed to allot another plot in any venture in favour of the complainant, hence, the complainant issued a legal notice dated 27-12-2011. Hence, this compliant.

1.  To direct the Opposite Party to return the total sale consideration amount of Rs.55,000/- with subsequent interest @ 24% p.a., till the date of realization;
2. To award an amount of Rs.50,000/- as compensation for the mental agony caused to the complainant by reason of deficiency of service on the part of the Opposite Party;
3. To direct the Opposite Party to pay an amount of Rs.10,000/- towards the cost of the legal proceedings;
4. For such other relief/reliefs as the Forum may be pleased to deem fit and proper to grant, in the circumstances of the case.

1. The Opposite Party strongly resisted the claim of the complainant by contending as can be seen from its counter, the Opposite Party denied all the allegations made by the complainant by stating that the complainant is a defaulter. Though they have LP, the complainant fails to pay further installments, so they did not allot the plot in favour of the complainant. So, they have no liability to pay any reliefs asked 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 A5 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 03-09-2000 and Exhibit A2 is the Pass Book issued by the Opposite party dated 03-09-2000, Exhibit A3 is the Bunch of receipts (21 in nos.) issued by the Opposite Party, Exhibit A4 is the Legal Notice dated 27-12-2011, Exhibit A5 is the Postal Receipts and Acknowledgement.

1. In the above discussion, the 2 pass books bearing no.1447 and 1448 reveal that the complainant paid Rs.27,500/- each under two pass books totally Rs.55,000/- and the OP endorsed the same. The Bunch of receipts reveals that  the complainant paid installments regularly from 2000 to 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 Opposite Party? 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.55,000 /- for two plots   booked by him in the Opposite Party’s Venture. Though the complainant paid Rs.55,000/- to the Opposite Party, the Opposite Party did not develop the venture and did not obtain any approval from VUDA. So, the complainant stopped the payments as the OP did not develop the venture as per their agreement. The Opposite Party fails to fulfill their promises. Though the OP received the amount and acknowledged the same. But till today, the Opposite Party did not obtain the approval. It amounts to deficiency in service on the part of the Opposite Party. Hence, the complainant is entitled to refund the amount with interest, some compensation and costs too.

7. In the result, the complaint is allowed, directing the Opposite Party: 1) to refund Rs.55,000/- (Rupees Fifty Five Thousand only) with interest @ 9% p.a., from the date of last payment i.e., 05-10-2002 till the date of actual realization; 2) the Opposite Party is further directed to pay a compensation of Rs.5,000/-(Rupees Five thousand only); and 3) to pay costs of Rs.1,000/- (Rupees One 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 19^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