Tamil Nadu

South Chennai

CC/794/2004

J.Dayalan - Complainant(s)

Versus

Karthick Builders - Opp.Party(s)

V.Balaji

12 Dec 2017

ORDER

                                                                        Date of Filing :  25.11.2004

                                                                        Date of Order :  12.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.794/2004

TUESDAY THIS 12^th DAY OF DECEMBER 2017

J. Dayalan,

Flat No.(5 or 7) Sarathy Street,

Amaravathi Nagar,

Jalladampet,

Pallikaranai 601 302.                                            Complainant

                                        ..Vs..

 

1. M/s. Karthick Builders,

Rep. by its Mr. K.R.Kannan,

15, Rameswaram Road,

T.Nagar,

Chennai 600 017.

 

2. Mr. Kothandapani,

Plot No.9, Door No.13,

Mettu Kazhani Street,

Adambakkam,

Chennai 600 088.                                            Opposite parties

 

Counsel for Complainants           :   M/s. V. Balaji & another         

Counsel for opposite parties       :   M/s. R.Umasuthan    

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.3,50,000/- with interest and to pay a sum of Rs.1,50,000/- as compensation and to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that on 24.9.2002 the complainant entered into a construction agreement with the 1^st opposite party.  The total cost of the construction of the flat is Rs.3,50,000/- which includes the land cost Rs.21,600/- and the construction cost is Rs.3,28,400/-.  The 2^nd opposite party is LIC agent and arranged loan from LIC Housing Finance Limited to the tune of Rs.2,25,000/-.  As per the construction agreement  the 2^nd opposite party executed the sale deed  for the undivided share of land on 4.12.2002 and handed over the property tax receipt up to date.   The complainant went to the local Panchayat to pay the property tax in the second week of May the authority refused to receive the tax on the ground that “ The flat is unauthorized one”.   Immediately the complainant issued notice 19.5.2004  and the same was received by the opposite parties.   Since the opposite parties has not taken any steps for getting the apartment approval.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the opposite parties are  as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.    The opposite parties submit that admittedly the complainant entered into the agreement with the 1^st opposite party on 24.9.2002 thereby the 1^st opposite party sold 200 sq. ft. to the complainant vide sale deed dated 4.12.2002 registered as D.No.5707 of 2002 before the office of the DRO, Madras South as per construction agreement.  The opposite parties submit that  the complainant took delivery of the flat from the opposite party in good order and condition.   The complainant has been living in the said apartment since the date of his taking delivery of the same from the opposite parties.  The complainant has  been in peaceful possession occupation  of the said apartment.  The opposite parties have not committed any violation whatsoever in the construction of the said apartment.  Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A4 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B5 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

1.  Whether the complainant is entitled to a sum of Rs.3,50,000/- with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.1,50,000/- as compensation for mental agony with cost as prayed for?

 

 

5.  POINTS 1 & 2:

          Both the complainant and the opposite parties filed their written arguments. Perused the records (viz) the complaint, written version, proof affidavit and documents.   The complainant pleaded  in the complaint and contended that on 24.9.2002 the complainant entered into a construction agreement with the 1^st opposite party who is the builder.  Ex.A1 is the construction agreement.   The total cost of the construction of the flat is Rs.3,50,000/- which includes the land cost Rs.21,600/- and the construction cost is Rs.3,28,400/-.  The 2^nd opposite party is an LIC agent arranged loan from LIC Housing Finance Limited to the tune of Rs.2,25,000/-.  As per construction agreement  the 2^nd opposite party executed the sale deed Ex.A2 for the undivided share of land on 4.12.2002 and handed over the property tax receipt up to date.   The complainant went to the local Panchayat to pay the property tax during the second week of May,  the authority refused to receive the amount and issue tax receipt  on the ground that “ The flat is unauthorized one”.   Immediately the complainant issued notice 19.5.2004  and the same was received by the opposite parties.   Since the opposite parties has not taken any steps for getting the apartment approved.  The complainant is constrained to file this case for return of the amount of Rs.3,50,000/- paid towards cost of the land and construction  costs as per Ex.A1 agreement.   Since the opposite parties 1 & 2 wantonly suppressed the fact of approval and received the huge amount towards construction caused great mental agony to the complainant proved the  deficiency in service of the opposite parties.

6.     The contention of the opposite parties is that admittedly the complainant entered into an agreement with the 1^st opposite party on 24.9.2002 and the 1^st opposite party sold 200 sq. ft. of undivided share to the complainant vide sale deed dated 4.12.2002 registered as D.No.5707 of 2002 before the office of the DRO, Madras South. As per the construction agreement Ex.A1.,  the 1^st opposite party has constructed and delivered the apartment to the complainant  and the complainant has taken possession of the same.   The contention of the complainant is that the apartment is an unauthorized one and the construction had deviations is absolutely false.   Ex.B4 is the completion  certificate dated 31.7.2002 issued by the President, Jaidiyanpet, Town Panchayat.   Further the contention of the 1^st opposite party is that the allegation of the complainant that he went to pay property tax and was refused is absolutely false.   Ex.B2 and Ex.B5 copy of property tax receipts issued by the Local bodies.   Further the contention of the opposite parties is that the complainant availed loan from LIC after due Martgage of the apartment shall pay the loan amount as per terms and conditions of the LIC.   Considering the facts and circumstances of the case this forum is of the considered view that  after due approval from the local bodies the apartment was duly constructed and completion certificate also issued by the local bodies.    Therefore the complainant is not entitled to any relief sought for in the complaint and the points are answered accordingly.

        In the complaint is dismissed.  No cost.

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants’ side documents:

Ex.A1  23.9.2002    Copy of construction agreement.

Ex.A2  4.12.2002  - Copy of sale deed.

Ex.A3  27.12.2002         - Copy of LIC loan offer letter.

Ex.A4  19.5.2004  - Copy of legal notice.

Opposite parties’ side document: -  

Ex.B1                    - Document No.5707 of 2002 sale deed.

Ex.B2   24.7.2004 -  Property tax receipt

Ex.B3                   -  Certificate of Encumbrance on property.

Ex.B4  31.7.2002  - Copy of building permission certificate.

Ex.B5                    - Copy of property tax receipt.      

 

MEMBER-I                        MEMBER-II                             PRESIDENT.