BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

ATHYDERABAD.

F.A. 797/2008 against C.C. 593/2007, Dist. Forum-I, Visakapatnam

Between:

Smt.Md.W/o. Md. Badruddin

Age: 50 years,

Retd. Dy. Supdt. Of Police

D.No. 8-1-32/4,

Opp.St.

Vegivari street, Bheemavaram.                                                                  And

Kiran Krishna Real Estate & Constructions P. Ltd.

Rep. by its Managing Director

V. Krishna Prasad, D.No. 50-40-13/A

TPT Colony, Seethammadhara

Visakapatnam.                                                                                               Counsel for the Appellant:                         Sk.Masthan Vali

Counsel for the Resp:                                

F.A. 794/2008 against C.C. 593/2007, Dist. Forum-I, Visakapatnam

Between:

Kiran Krishna Real Estate & Constructions P. Ltd.

Rep. by its Managing Director

V. Krishna Prasad, D.No. 50-40-13/A

TPT Colony, Seethammadhara

Visakapatnam.Smt.Md.W/o. Md. Badruddin

Age: 50 years,

Retd. Dy. Supdt. Of Police

D.No. 8-1-32/4,

Opp.St.

Vegivari street, Bheemavaram.

Smt.Md.W/o. Md. Badruddin

Age: 50 years,

Retd. Dy. Supdt. Of Police

D.No. 8-1-32/4,

Opp.St.

Vegivari street, Bheemavaram.                                       

Counsel for the Appellant:                         

Counsel for the Resp:                                Sk.Masthan Vali

CORAM:

&

WEDNESDAY, THIS THE

Oral Order: (Per Hon’ble Justice D. Appa Rao, President)

1)            

2)                 

3)                     membership fee of Rs. 5,000/-.                     

4)                                      

5)                

6)                      finally it did not allot any plot, more so without venture being approved. 

7)                           

8)                       consideration.     

9)               

10)                      rdnd   

We assure you to allot              regret for the delay taken place in registering your plot.   

11)                      

12)                  changing the allotment of plots did not register the plot and ultimately              The complainant ought to have             Therefore, we are of the opinion that    

13)                            

14)          where 444.40 sft of plot was purchased for Rs. 5,33,500/- situated at Needigatla village of               

15)                  “The award of interest @15% is not interest in substance, but, it is to compensate the respondents by way of awarding damages for the loss in terms of money as well as the mental agony and other sufferings they underwent. This position is clear from the order passed by the District Forum as well as by the State Commission. The State Commission in its order, dealing with the award of damages by way of interest, has stated thus:

It cannot be disputed that if an allottee is not given possession of the flat, he not only suffers monetary loss, but also suffers mental pain and harassment. the person who is responsible for the delay, is therefore, liable to reimburse him for the loss suffered by him and pay damages for mental pain and agony. The DDA cannot avoid their liability to re-imburse the allotted for delay in delivery of the possession of the flat on the ground that they have paid interest to the allottee in terms of clause 10 of the brochure. The complainant, is therefore, entitled to damages for the period from 1.8.88 till 14.6.89 minus the period of one and a half month. It is not possible to determine the actual damages for at the delivery of the possession of the flat. We think that the complainant will be amply compensated if interest @15% p.a. on the total price of the flat is given to him."

Therefore we are of the opinion that the complainant is entitled to interest @ 15% p.a., instead of compensation of Rs. 2 lakhs.     

16)       F.A. 794/2008 is allowed       

1)_______________________________

PRESIDENT 

2)      MEMBER                                                                            Dt.  *pnr

“UP LOAD – O.K.”