Andhra Pradesh

Chittoor-II at triputi

CC/31/2018

K.M. Kalyana Chakravarthi, S/o K.Muniraja, Rep. by his authorized signatory K.Muniraja, S/o K.Pitchaiah, aged 64 years. - Complainant(s)

Versus

K.R.Viswanath, S/o. Subbanna, Builder - Opp.Party(s)

K.Ajay kumar

22 Dec 2021

ORDER

Filing Date:-09-04-2018.

Order Date:-22-12-2021.

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION -II TIRUPATI

                                

                                                                 Present:  Sri  Shaik Mohammad Ismail, President (FAC)

Wednesday, 22^nd day of December, 2021.

 

Consumer Complaint No.31 of 2018

 

 

K.M.Kalyana Chakravarthi, S/o. K. Muniraja,

Hindu, aged about 34 years, represented by his

Authorized Signatory K. Muniraja, S/o. Pitchaiah,

Hindu, aged 64 years, residing at Door No.19-274,

Kennady Nagar, Jayalakshmi Colony,

Tirupati.                                                               …   Complainant

 

                             Vs.                 

 

1. K.R. Viswanath, S/o. Subbanna,

Hindu, aged about 45 years, Builder,

Officeroom, Ground floor,

Sri.Radhagovinda Residency (Apartment),

Upadhyayanagar, Grandworld road,

Akkarampalli Village, Tirupati,

Chittooor District.

 

2. M/s. Sri Santhi Constuctions, Tirupati

Represented by the Proprietor K.R.Viswanath,

Flat No.304, B-Block, Swetha Residency,

Railway Colony Extension, Tirupati,

Chittoor District,

Proprietor M/s. Santhi Construction cum Developer.

(Added as per Orders in I.A.No.421 of 2017,

dated 24-10-2018).                                         ...     Opposite parties 1 and 2

 

 

 

 

       This complaint coming on this day before me for hearing in the presence of Sri K.Ajay Kumar, Advocate for the complainant and Sri N.Ravindra  and       Sri B.Sekhar Babu, Advocates for the opposite parties 1 and 2 and having stood over for consideration till this day and this Commission passed the following:

ORDER

(BY SRI SK.MOHD.ISMAIL, PRESIDENT)

 

            The complainant filed this complaint against the opposite parties           1 and 2 under section-12 of Consumer Protection Act, 1986 to direct the opposite parties   1 and 2   to complete the remaining pending works in the flat or in alternative pay Rs.5,00,000/- towards the pending works in the flat, to pay Rs.9,000/- per month from 01-07-2013 to till completion of the works, to pay Rs.3,00,000/- towards the damages for deficiency in service  and  to  pay Rs. 25,000/- towards the costs of notice to the complainant and  other reliefs and submits to allow the complaint with costs.

3. Written version on behalf of the opposite party No.1 filed.

 

4. On 06-10-2021, the learned counsels for the both parties and their counsels  filed memo which reads as follows:

It is submitted that, the complainant filed a complaint against the builder/opposite parties for the act of deficiency in service in respect of the Flat No.305 bearing Door No.22-20-7/305 vide Assessment No.1012067677 (Electricity service Meter No.5534203160519) purchased by the complainant from the opposite party under a Regd. Sale Deed bearing Doc.No.2226/2012 in the apartment by name “Sri Radha  Govinda Residency” located in Sy.No.11/2-B/2-A2, Upadhyaya Nagar, Tirupati. On the intervention of elders, matter has been settled between the parties.  In pursuance of the settlement, the complainant paid a sum of Rs.12,00,000/- towards the finished flat by way of Cheque bearing No.000051-500240026, Dt.16-9-2021 of HDFC Bank, Kharkhana Branch, Hyderabad to the opposite party and the opposite parties  acknowledged and received the consideration under the above said cheque and thus it is agreed that there are no dues payable by the complainant to the opposite parties and further it is agreed that the  opposite parties issued signed proceedings on 16-9-2021 for Car parking allotment letter along with sketch and also issued “Occupancy Certificate” to the complainant duly notarized. From hereonwards agreed by both the parties that there are no disputes and all the disputes have been settled.  The complainant is at liberty to enjoy the schedule property with full right. In view of the above settlement, it is agreed that it is not necessary to continue this case further.  Hence, the Memo. It is therefore prayed that the Hon’ble Court may be pleased to record this Memo of withdrawal of the complaint, as the matter was compromised between both the parties.”

 

4. In view of the averments of the memo, the memo filed by the learned

counsel for the both parties and the both parties has to be allowed.

 

5. In view of the allowing of the memo, the complaint filed by the

complainant has to be dismissed by recording compromise.

 

6. In the result, the complaint is dismissed as the matter is compromised between the both parties.  No costs.

Dictated to Junior Stenographer Smt.A.Jayalakshmi, transcribed by her corrected and pronounced by me in the open Commission, this the 22nd day of   DECEMBER, 2021.

      (Vacant)                                                                                              Sd/-

      MEMBER                                                                            PRESIDENT (FAC)

 

                                      APPENDIX OF EVIDENCE

                                               - N I L -

                                Sd/-                                                                                                                                      PRESIDENT (FAC)

 

//TRUE COPY//

// BY ORDER//

 

 

Head Clerk / Sheristadar

Dist. Consumer Commission-II, Tirupati.

Copies to:

1.	Sri   Kothapalli Ajay Kumar and Smt A.Vijaya LAkshmi, Advocates, #7-3-102, R.S. Mada Street, Tirupathi – 517 501 A.P.
2.	Sri B.Sekhar Babu and Sri N.Ravindra, Advocates, Door No.13-7-921/B, Old Post Office Street, Korlagunta Road, TYirupati, Chittoor District.

 

Date when free copies were issued: 23.12.2021.