AIN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of August, 2013
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No. 73/2013 (Filed on 11.06.2013)
Between:
Renju Koshy,
S/o. P.J. Koshy,
Peediakal House,
Near St. Mary’s School,
Paliakara,
Thiruvalla – 689 101. …. Complainant
And:
Mr. Josy Mathew,
Managing Director,
M/s. Worldword Resorts &
Entertainment India Pvt. Ltd.,
Door No.15577A,
Thuruthiyil Building,
Geethanjali Road,
NH Bypass, Chalikavattom,
Vytilla.P.O., Cochin – 682 019. …. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows: Opposite party made an advertisement stating that a customer meet which will be held on 6th and 7th of January 2012 at Thiruvalla for booking Misty Village at Kanthalloor near Munnar. Opposite party is the managing director of M/s. Worldword Resorts & Entertainments India Pvt. Ltd. having its registered office at Cochin. By believing the advertisement, the complainant paid an advance of Rs. 50,000/- and booked plot No.K of the proposed land having an extent of 2 cents in the Misty Village Project proposed by the opposite party. Opposite party assured to hand over the premises after construction work of the cottage to the complainant at a cost of Rs. 8.5 lakhs. After receiving the advance amount opposite party sent allotment letter and construction agreement draft for the approval of the complainant. But on perusal it seems that the terms of the allotment letter as well as the agreement draft is entirely different from the terms offered by the opposite party in the personal meeting and at the customer meet. The property proposed to be allotted to the complainant is not in the possession and title of opposite party. Even though the advertisement shows the cost of cottage is Rs. 8.5 lakhs. Opposite party assured to complete the project within a period of 18 months and after the completion the complainant can earn Rs. 3 lakhs per annum and as per the draft agreement the complainant is liable to pay maintenance charge, service charge etc. to the opposite party. Opposite party is also silent in the agreement with regard to the offer made by them that they will construct amusement park, star hotel, park garden, horse riding etc. adjacent to the cottage for the beneficiaries of cottage. For the reason stated above the complainant issued a registered notice on 06.12.2012 to the opposite party by demanding to cancel the booking and to repay the advance amount to the complainant. Even after the receipt of the said notice, the opposite party did not turned up to repay the advance amount. The above said act of the opposite party is a clear deficiency in service and an unfair trade practice which caused financial loss and mental agony to the complainant and opposite party is liable to the complainant for the same. Hence complainant filed this complaint for realizing the advance amount with interest and cost.
3. In this case opposite party is exparte.
4. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of PW1 and Ext.A1 to A6. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation against the opposite party is that he had booked a cottage of Misty Village of the opposite party by paying Rs.50,000/-. After receiving the advance amount, the opposite party sent allotment letter and construction agreement draft for the approval of the complainant. But the terms of the allotment letter as well as the agreement draft is entirely different from the terms offered by the opposite party in personal meeting and customer meet. For the reason the complainant issued a registered notice on 06.12.2012 to the opposite party by demanding the cancel the booking and to repay the advance amount to the complainant. But the opposite party is not turned up. Hence opposite party is liable to the complainant for his deficiency in service and unfair trade practice.
7. In order to prove the allegations of the complainant, the authorized representative of the complainant adduced oral evidence as PW1 and produced 6 documents which are marked as Exts.A1 to A6. Ext.A1 is the authorization letter dated 10.07.2013. Ext.A2 is the receipt of Rs.50,000/- dated 23.01.2012. Ext.A3 is the advertisement of opposite party. Ext.A3(a) is the advertisement notice regarding the project. Ext.A4 is the allotment letter issued by opposite party on 24.01.2012. Ext.A5 is the construction agreement. Ext.A6 is the copy of registered notice issued by the complainant to opposite party. Ext.A6(a) is the postal receipt of Ext.A6. Ext.A6(b) is the acknowledgment card of Ext.A6.
8. On the basis of the complaint, oral testimony of PW1 and Ext.A2 it is seen that complainant paid Rs.50,000/- as advance to the cottage of the opposite party. On going through Ext.A4 and A5 it is seen that there is difference in the price of the cottage. Further, the complainant alleged that there is difference in the amenities offered by the opposite party. The above said act of the opposite party is an unfair trade practice on his part. Since the opposite party is exparte the complainant’s case stands proved as unchallenged. Therefore, the complaint can be allowed as follows.
9. In the result, this complaint is allowed and thereby the opposite party is directed to pay the advance amount of Rs.50,000/- (Rupees Fifty Thousand only) to the complainant along with 10% from the booking date along with cost of Rs.500/- (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount from the opposite party with 12% interest from the booking date till the realization of the whole amount. In the nature and circumstances of this case and as interest for the advance amount is allowed, there is no separate order for compensation.
Declared in the Open Forum on this the 27th day of August, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : P.A. Koshy
Exhibits marked on the side of the complainant:
A1 : Authorization letter dated 10.07.2013.
A2 : Receipt dated 23.01.2012 for Rs.50,000/-issued by the opposite
party in the name of the complainant.
A3 : Opposite party’s advertisement.
A3(a) : Advertisement notice regarding the project.
A4 : Allotment letter dated 24.01.2012 sent by opposite party to the
complainant.
A5 : Photocopy of the Construction agreement.
A6 : Copy of registered notice dated 06.02.2012 issued by the
complainant to opposite party.
A6(a) : Postal receipt of Ext.A6.
A6(b) : Acknowledgment card of Ext.A6.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
Copy to:- (1) Renju Koshy, Peediakal House, Near St. Mary’s School,
Paliakara, Thiruvalla – 689 101.
(2) Mr. Josy Mathew, Managing Director, M/s. Worldword
Resorts & Entertainment India Pvt. Ltd., Door No.15577A,
Thuruthiyil Building, Geethanjali Road, NH Bypass,
Chalikavattom, Vytilla.P.O., Cochin – 682 019.
(3) The Stock File.
