Andhra Pradesh

Visakhapatnam-II

CC/188/2013

Nagireddi venkata sai prasad - Complainant(s)

Versus

Janachaitanya Housing Limited - Opp.Party(s)

J Prithvi Raj and I.V.S. Krishna rao

02 Aug 2014

ORDER

                                              Date of Registration of the Complaint:22-07-2013 

                                                                                                Date of Order:02-08-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:      

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

     President (FAC)  

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

                                    Male Member

 

                             Saturday, the 2^nd day of August, 2014.

                             CONSUMER CASE No.188/2013

Between:-

Sri Nagireddi Venkata Sai Prasad, S/o Nagireddi

Swami Naidu, Hindu, aged 35 years, residing

at 1414  SOM Center Road, Flat No.318, Mayfield

Hights, OH, USA-44124, rep. by his father and

Specific Power of Attorney Sri Nagireddi Swami

Naidu, S/o late Venku Naidu, Hindu, aged 74 years,

Rtd. Indian Railway Employee, residing at Door No.9-18/2,

Main Road, Dimili Village, Rambilli Mandal,

Visakhapatnam. 

                                                                                                  ….. Complainant

And:-

1.M/s. Janachaitanya Housing Limited,

   Rep. by its Chairman & Managing Director,

   Sri Madala Sudhakar, 1^st Floor, Chowry Mansion,

   Ameerpet, Hyderabad-500 016.

2.The Manager, M/s. Janachaitanya Housing Limited,

   R/at Door No.47-3-13, 2^nd Floor, 5^th Lane, Dwaraka

   Nagar, Visakhapatnam.

                                                                                         …  Opposite Parties

                     

          This case coming on 10.07.2014 for final hearing before us in the presence of Sri J. Prithvi Raj & Sri I.V.S.R. Krishna Rao, Advocates for the Complainant and the Opposite Parties being set exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

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

 

1.       The case of the Complainant in brief is that the Complainant agreed to purchase house plots bearing Nos.122 and 137 in an extent of 297 and 400 Sq. yards respectively @  Rs.720/- per Sq. yard.   The Complainant paid an amount of Rs.2,60,600/- to the Opposite Parties for the above  two plots.   The Opposite Parties issued a Confirmation Letter in favour of the Complainant.   The Complainant expressed his willingness to pay the entire balance amount and requested the Opposite Parties to register the plots.   But the Opposite Parties kept quiet.   Inspite of many requests made by the Complainant, the Opposite Parties did not register the plots nor refund the amounts paid by the Complainant.    Hence, this complaint.   

 

2.       a) to direct the Opposite Parties to register the Plot Nos.122 and 137 in the name of the Complainant;

          b)to direct the Opposite Parties to pay an amount of Rs.5,00,000/- to the Complainant towards compensation for the sufferance of pain and mental agony caused to him due to the negligent act of the Opposite Parties;  

          c) to direct the Opposite Parties to repay an amount of Rs.10,00,000/- (Rupees ten lakh only) to the Complainant towards damages for the deficiency of service on the part of the Opposite Parties;

          d) to direct the Opposite Parties to pay an amount of Rs.5,000/- (Rupees five thousand only) towards costs of this Complaint; and

          e) for such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

           

3.       The Opposite Parties did not appear before this Forum as they were set exparte and remained exparte.

 

4.       At the time of enquiry, the Complainant filed an affidavit as well as written arguments to support his contentions.  Exs.A1 to A22 are marked for the Complainant.   Heard the Complainant.

 

 5.      Exs.A1, A2 and A3 are the passbooks bearing Nos.17, 18 and 19 issued by the Opposite Parties.    Exs.A4 and A5 are the Confirmation Letters from the Opposite Parties.   Exs.A6 and A7 are the remainder letters by the Opposite Parties, Exs.A8 to A21 receipts are issued by the Opposite Parties on different dates.  Ex.A22 is the Special Power of Attorney by the Complainant in the name of Complainant’s father.

 

6.         Exs.A1, A2 and A3 reveals that the Complainant in the Passbook No.17 paid Rs.90,000/-. Passbook No.18 paid Rs.85,000/- and Passbook No.19 paid Rs.85,000/- respectively.   The Opposite Parties acknowledged the same.

 

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

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

 

8.         After careful perusal of the case record, this Forum finds that the Complainant paid Rs.2,60,600/- to the Opposite Parties for plot Nos.122 and 137.   The Complainant fails to pay the entire amount to register the plots in his name.   He is a defaulter.   So, there is no deficiency in service on the part of the Opposite Parties.   He is not entitled to get the plots in his name as he fails to pay the entire amount according to their contract/agreement.   So, the Complainant is entitled to refund money with interest and costs only.   As there is no deficiency in service on the part of the Opposite Parties, there is no question of awarding compensation.     Hence, the Complainant is entitled to refund of money with interest and costs only.

 

9.       In the result, this complaint is allowed directing the Opposite Parties 1) to refund the amount of Rs.2,60,600/-  (Rupees two lakhs sixty thousand and six hundred only) with interest @ 9% p.a. from the date of last receipt i.e., 7.3.2007 till the date of actual realization, and 2) to pay costs of Rs.5,000/- (Rupees five 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 the 2^nd day of August, 2014.

Sd/-                                                                                     Sd/-

Male Member                                                                           President

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	17.02.2005	Passbook No.17 issued by the 2nd OP to the Complainant	Original
Ex.A02	17.02.2005	Passbook No.18 issued by the 2nd OP to the Complainant	Original
Ex.A03	17.02.2005	Passbook Bo.19 issued by the 2nd OP to the Complainant	Original
Ex.A04	24.02.2005	Confirmation of Plot Allotment	Original
Ex.A05	24.02.2005	Confirmation of Plot Allotment	Original
Ex.A06	11.03.2005	Letter addressed by the 2nd OP to Complainant	Original
Ex.A07	11.03.2005	Letter issued by the 2nd OP to Complainant	Original
Ex.A08	17.02.2005	Receipt No.49010 issued by the 2nd OP to Complainant	Original
Ex.A09	17.02.2005	Receipt No.49011 issued by the 2nd OP to Complainant	Original
Ex.A10	17.02.2005	Receipt No.49012 issued by the 2nd OP to Complainant	Original
Ex.A11	17.02.2005	Receipt No.49013 issued by the 2nd OP to Complainant	Original
Ex.A12	17.02.2005	Receipt No.49014 issued by the 2nd OP to the Complainant	Original
Ex.A13	17.02.2005	Receipt No.49014 issued by the 2nd OP to the Complainant	Original
Ex.A14	17.02.2005	Receipt No.49016 issued by the 2nd OP to Complainant.	Original
Ex.A15	27.08.2005	Receipt No.15012 issued by the 2nd OP to Complainant	Original
Ex.A16	27.08.2005	Receipt No.15013 issued by the 2nd OP to Complainant	Original
Ex.A17	27.08.2005	Receipt No.15014 issued by the 2nd OP to Complainant	Original
Ex.A18	04.04.2006	Receipt No.16682 issued by the 2nd OP to Complainant	Original
Ex.A19	07.03.2007	Receipt No.49955 issued by the 2nd OP to Complainant	Original
Ex.A20	07.03.2007	Receipt No.49956 issued by the 2nd OP to Complainant	Original
Ex.A21	07.03.2007	Receipt No.49957 issued by the 2nd OP to Complainant	Original
Ex.A22	26.09.2009	Special Power of Attorney	Photo copy

For the Opposite Parties:-

 

                                                -Nil-

Sd/-                                                                                     Sd/-

Male Member                                                                                 President