Andhra Pradesh

Visakhapatnam-II

CC/140/2012

P. Lakshmi Chandra Kantham - Complainant(s)

Versus

Janachaitanya Housing Limited - Opp.Party(s)

Kotyada Jagannadham

02 Feb 2015

ORDER

                                              Date of Registration of the Complaint:02-05-2012 

                                                                                                Date of Order:02-02-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

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

     Lady Member 

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

                                     Male Member

 

                         Monday, the 2^nd day of February, 2015.

                             CONSUMER CASE No.140/2012

Between:-

Smt. Patta Lakshmi Chandra Kantham,

W/o Rama Appa Rao, Hindu, aged 44 years,

residing at D. No.8-118/1, Kondayyavalasa,

R.H. Colony, Aganampudi, Visaskhapatnam-530 046.

                                                                                        ….. Complainant

And:-

Janachaitanya Housing Limited, presently

known as M/s. Janachaitanya Housing Pvt. Ltd.,

represented by its Chairman & Managing Director,

Dwaraka Nagar, Visakhapatnam.

                                                                                           …  Opposite Party

                     

This case coming on 21.01.2015 for final hearing before us in the presence of Sri        K. Jagannadham and Sri K. Gowri Sankara Rao  Advocates for the Complainant and Sri C.R. Vasantha Kumar, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member 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 of SAI VISHNU GROUP PHASE-II by paying Rs.100/- towards admission fee dated 9.5.2001.   The Complainant paid Rs.8,000/- as initial amount on 9.5.2001 and the Opposite Party gave payment schedule letter and also issued two pass Books bearing Nos.1774 & 1775.   The Complainant paid Rs.40,400/- for two Pass books in 14 installments and the last installment was paid by the Complainant on 11.10.2002.    The Opposite Party postponed to perform its obligation.  The Complainant gave a letter to the Opposite Party on 18.09.2008 and 18.11.2010 respectively and the same was received by the Opposite Party and kept silent.     Inspite of many requests made by the Complainant for refund of the said amount, the Opposite Party postponed the same.   Hence, this Complaint.

2.       a)  to return the amount of Rs.40,400/- @ 24% p.a. from the date of payment of each payment till the date of realization

          b)  to pay an amount of Rs.10,000/ towards mental agony caused to the Complainant;

          c) to pay an amount of Rs.2,000/- towards costs of this Complaint;

          d) for such other reliefs that are deemed just in the circumstances of the case.

         

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The Opposite Party stated that  due to the drastic changes made by the statutory authorities several objections were raised and the Opposite Party complied with each and everything  such as obtaining the GPA from all the land owners in favour of the Opposite Party, obtaining the conversion certificate from the concerned R.D.O.  The Opposite Party have also complied with the high demand for processing and balance conversion charges i.e., a sum of Rs.2,79,800/-  paid on 23.11.2007 and Rs.42,00,000/- paid on 19.06.2008 in addition to the amounts already paid to the statutory authorities.   After all the hard work over the period of time and having accomplished the job, the Opposite Party get layout approval L.P. No.2/10 dated 07.01.2010.   So, there is no deficiency in service on the part of the Opposite Party.   So, they are not liable to pay any amounts asked by the Complainant.  

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A3 are marked for the Complainant.    No documents were marked for the Opposite Party. 

 

5.       The matter has been heard on behalf of both sides.

 

6.       Ex.A1 is the 2 Pass Books Nos. 1774 & 1775 are issued by the Opposite Party in favour of the Complainant in SAI VISHNU GROUP PHASE-II .   Ex.A2 is the letter written by the Complainant to the Opposite Party requesting the to register the plot in favour of the Complainant or refund the amount as paid by the Complainant.    Ex.A3 is another letter written by the Complainant dated 8.11.2010 requesting them to refund the amount has paid by the Complainant and the Opposite Party failed to develop the layout of SAI VISHNU GROUP PHASE-II.  

 

7.       The above 3 documents reveals that the Complainant joined as a member in the Opposite Party venture in the year 2001 by paying initial amounts towards 2 plots.  Even after receiving the above letter the Opposite Party did not give any reply to the Complainant.  

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that there is no dispute regarding the payment of Rs.40,400/- towards 2 plots in the venture of the Opposite Party i.e., SAI VISHNU GROUP PHASE-II.   Though the Opposite Party received an amount of Rs.40,400/-  from the Complainant on 11.10.2002 they failed to develop venture of SAI VISHNU GROUP PHASE-II.  Moreover, they failed to produce any piece of evidence before this Forum that they got layout plan; the supposed layout approval L.P. No.2/10 dated 7.01.2010 is not filed.    They stated in their counter, that they are filing photographs showing that the developed the layout as per norms of the statutory authorities, but they failed to do so.   The Opposite Party did not file any documents before this Forum.      The Opposite Party received the said amount from the Complainant in the year 2002 but they have failed to refund the amount as per request letter dated 8.11.2010, it amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Party.   Hence, the Complainant is entitled  to an amount of Rs.40,400/- with interest some compensation and costs too.  

 

10.     In the result, this Complaint is allowed directing the Opposite Party:  a) to refund an amount of Rs.40,400/- (Rupees Forty thousand and four hundred only) with interest @ 9% p.a. from 11.10.2002 till the date of actual realization, b) a compensation of Rs.5,000/- (Rupees Five thousand only) and c) 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 Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 2^nd  day of February, 2015.

 

  Sd/-                                        Sd/-                                      Sd/-

President                            Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	09.05.2001	2 Pass Books bearing Nos. 1774 & 1775 issued by the OP in favour of the Complainant.	Original
Ex.A02	18.09.2008	Letter addressed by the Complainant to the Branch Manager of OP	Original
Ex.A03	08.11.2010	Letter addressed by the Complainant to OP	Original

For the Opposite Party:-                                       

                                      

                                                -Nil-

  Sd/-                               Sd/-                                                 Sd/-

President                       Male Member                                             Lady Member