3rd day of May 2012
CC.813/06 filed on 17/10/06
Complainants : 1. Mrs.Annie Thomas, Pullan House, Mukundauram
Taluk, Perambra Village, Near Ashramam Jn.,
Potta.P.O.
2. P.P.Thomas, Pullan House, Mukundauram
Taluk, Perambra Village, Near Ashramam Jn.,
Potta.P.O.
(By Advs.Ranjith Xavier&Geo Francis, Thrissur)
Respondents : 1. Kerala State Housing Board, rep. by Chairman,
(R2), ShanthiNagar, Thiruvananthapuram.
2. The Chairman, Kerala State Housing Board,
ShanthiNagar, Thiruvananthapuram.
3. The Secretary, Kerala State Housing Board,
ShanthiNagar, Thiruvananthapuram.
4. The Deputy Secretary (Estate), Kerala State Housing
Board, ShanthiNagar, Thiruvananthapuram.
(By Adv.Pious Mathew, Thrissur for R1toR4)
5. The Executive Engineer, Kerala State Housing Board,
Division Office, Ayyanthole, Thrissur.
ORDER
By Smt.Padmini Sudheesh, President
The case of complainants in brief is that on 13/5/1980 the 2nd complainant applied for a plot of land measuring 400 meter square and a house therein. Accordingly the Cochin Housing Unit of the Kerala State Housing Board allotted to him a plot measuring 400 m2 with constructed house measuring 60 m2 bearing house No.B6-76 in the Paravattani Housing Accommodation Scheme on hire purchase basis. At the time of making application the 2nd complainant remitted Rs.13,200/- towards the registration fee. The allotment letter from respondent Corporation dated 7/9/83 stated that the total tentative price of the land, service charge, vantage charge and the cost of the building was Rs.1,25,976.60. The allotment letter directed the 2nd complainant to remit Rs.46,401.60 as initial deposit andRs.1,103.70 as 1st instalment towards the hire purchase. Due to some financial constraints the remittance of Rs.47,505.30 and instalments 2 to 7 were delayed for some time. But there after against the aforementioned demand of Rs.47,505.30 the 2nd complainant paid off the entire remaining dues i.e Rs.1,15,434.35. Thus before 28/4/84 the 2nd complainant had remitted the whole amount payable to the respondent in full satisfaction of the entire dues. Since the price of the land was yet to be finally fixed the sale deed in favour of the 2nd complainant could not be executed and therefore the 2nd complainant entered into an agreement for sale dated 14/5/84 with the respondent corporation. The agreement clearly stated that there is no balance amount remains payable by complainant. In the year 1994 the land and house allotted to 2nd complainant was transferred to 1st complainant. Later the land acquisition proceedings were over and price of the land was finalized and the present allottee was directed to remit Rs.1,85,142/- at the respondent corporation. The said amount was fully paid on 30/12/03. At the time of remitting this amount it was intimated from the respondent corporation that the sale deed is not yet ready. Surprisingly after one year respondent corporation directed 1st complainant to remit Rs.19,033/- on or before 30/11/04. It was also remitted. Thus after finalization of accounts the respondents collected Rs2,04,222/- from 1st complainant. The respondent sent statement of account as on 6/12/04 by showing that an amount of Rs.27,472/- is excessively collected from 1st complainant. The respondent excessively collected an amount of Rs.73,001.43. Hence the complaint.
2. The counter averments in brief are that on the basis of an agreement executed by the complainant the plot is allotted to him. In the agreement the mode of payment, rate of interest, penal interest etc. were stipulated. The cost of the building and plot is tentative. It is true that the allottee had remitted the amount. While remitting these amounts interest for hire purchase amount of Rs.62,271.30 for the period 7/9/83 to 28/4/96 at the rate of 12.5% was not realized from the allottee. The amount of Rs.1,28,634.35 remitted by the complainant is only tentative. As per Clause 4 and 7 it is like so. There is amount due from complainant. The final statement of account is also stated in the counter. Hence dismiss the complaint.
3. Points for consideration are that :
1) Whether the complaint is maintainable before the Forum ?
2) If so is there any unfair trade practice committed by respondents ?
4. The evidence adduced consists oral testimony of PW1 and Exhibits P1 to P24 and Exhibit R1.
5 The complaint is filed to refund Rs.99,570.53 from the respondent towards the excess amount collected from complainant along with interest. It can be seen that in the complaint as well as in the version detailed account statement and calculation are stated. Actually this is the case filed for settlement of accounts. There is no consumer relationship at all. The Forum has no power to trial the cases like settlement of accounts. It should be decided by a Civil Court.
6.Moreover the complaint is based upon hire purchase agreement as admitted by both the parties. In hire purchase agreement there is no service providing by the parties as stated in Consumer Protection Act to approach the Consumer Forum It is not a service contemplated by Consumer Protection Act. It is made clear by National Commission in 2012(1) CPR 371 (NC) that the matters involving hire purchasing agreement are not maintainable before the Consumer Foras. By taking into account these two points the complaint is not maintainable before the Forum and to be decided by Civil Court The complainant can file civil suit along with a delay condonation application under Section 14A of the Limitation Act to condone the delay for the time spent before the Consumer Forum.
7. In the result the complaint stands dismissed.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 3rd day of May 2012.
Sd/-
Padmini Sudheesh, President
Sd/-
Rajani.P.S., Member
Sd/-
M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Statement of accounts
Ext. P2 Allottment lr. dt. 7/9/83
Ext. P3 Receipt 14/5/80
Ext. P4 Receipt dt. 2/1/84
Ext. P5 Lr. dt. 3/1/84
Ext. P6 Receipt dt.15/3/84
Ext. P7 Receipt dt. 284/84
Ext.P8 Lr. dt. 2/5/84
Ext. P9 Agreement dt. 14/5/84
Ext.P10 Receipt dt. 15/5/84
Ext.P11 Building tax receipt No.44
Ext.P12 Agreement dt.5/7/94
Ext.P13 Lr. dt. 21/11/03
Ext.P14 Receipt dt.30/12/03
Ext.P15 Lr. dt. 25/11/04
Ext.P16 Receipt dt.6/12/04
Ext.P17 Receipt dt.7/12/04
Ext.P18 Lr.dt.3/1/05
Ext.P19 Copy of lawyer notice
Ext.P20 Lr.dt. 15/5/06
Ext.P21 Lr.dt.17/6/06
Ext.P22 Original dt. 15/1/05
Ext.P23 Acknowledgement card
Ext.P24 Permit dt. 5/10/84
Complainant’s witness
PW1- P.P.Thomas
Respondents Exhibits
Ext. R1 Counter statement of facts submitted by R1 to R5
Id/-
President
