Tamil Nadu

South Chennai

CC/265/2019

Mr. K.E Madavasadasivam - Complainant(s)

Versus

m\s.Civil Engineering Enterprises, Rep by its Propritor M.A Salim - Opp.Party(s)

V.T. Narendiran

03 Mar 2020

ORDER

 Date of filing  : 24.10.2019                                                                                                                                Date of Order : 03.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.   : MEMBER

 

C.C. No.265/2019

DATED THIS TUESDAY THE 03^RD DAY OF MARCH 2020

Mr. K. E. Madavasadasivam,

S/o. Mr. K. Elumalai,

Door No.40, Kuppuswamy Street,

Poothappedu,

Ramapuram,

Chennai – 600 089.                                                        .. Complainant.                                  

..Versus..

1. M/s. Civil Engineering Enterprises,

Represented by its Proprietor

Mr. M. A. Salim,

Having its business at:-

Plot No.22A, K K Salai,

Kaveri Rangan Nagar,

Saligramam,

Chennai - 600 093.    

 

2. Mr. M.A. Salim,

Proprietor,

M/s. Civil Engineering Enterprises,

Having its business at:-

Plot No.22A, K K Salai,

Kaveri Rangan Nagar,

Saligramam,

Chennai - 600 093.                                                ..  Opposite parties.

 

Counsel for the complainant        :  M/s. V.T. Narendiran & another

Counsel for the Opposite parties :  Ex-parte

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.5,00,000/- being the cost of the advance payment made to the opposite parties along with interest at the rate of 18% p.a. from the date of advance till the date of realization, to pay a sum of Rs.3,85,000/- towards compensation for insurance and bank loan process suffered by the complainant, to pay a sum of Rs.72,000/- towards compensation for half months rent Rs.4,000/- per month for 18 months suffered by the complainant and to pay a sum of Rs.5,20,000/- towards compensation for financial loss and mental agony and damages for deficiency in service with cost of Rs.25,000/- to the complainant.

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

The complainant submits that he approached the 1^st opposite party office after seeing the advertisement and obtained the brochure of the property and booked a flat and paid an advance amount of Rs.25,000/- and entered into an agreement dated:11.04.2017 for the purchase of undivided share valuing of Rs.8,42,400/- and Construction Agreement dated:11.04.2017 for Rs.31,64,500/- towards the total cost of undivided share of land, construction for the flat and other developmental and incidental cost total contract value agreed in the project at “Plot No.90, 91, 92, 93, 94, 95-B, Moovendar Nagar, to the extent of 674 sq. ft. comprised in old survey No.140/1 part, new survey No.140/38 as patta No.2186 measuring an extent of 2063 sq. ft. situated in Noombal Mathura Village, Ambattur Taluk now in Maduravoyal Taluk, Thiruvallur District.  The opposite parties agreed to pay half of the monthly rental amount of Rs.4,000/- per month till the flat is handed over to the complainant. 

2.     The complainant submits that on 30.01.2017, the complainant paid a sum of Rs.25,000/- towards advance through RTGS from HDFC bank vide account No.00241000198696, Kodambakkam Branch, Chennai.   Thereafter, a sum of Rs.1,00,000/- paid on 17.04.2017, Rs.1,00,000/- paid on 28.04.2017, Rs.1,75,000/- paid on 01.06.2017 and another sum of Rs.1,00,000/- paid on 06.02.2018 towards part payment totalling a sum of Rs.5,00,000/- paid by the complainant to the opposite parties after entered into the agreement.   The complainant submits that when there is a demand from the opposite parties, the complainant immediately transferred payment through cheque/RTGS/NEFT.  Thereafter, when the complainant went to the site to check up the progress of the flat, the opposite parties’ staffs informed the complainant that they have cancelled the contract without the knowledge of the complainant.  The complainant submits that he requested for refund of the amount remitted by him.  The complainant repeatedly demanded the opposite parties to refund the amount with interest and claiming insurance amount and half of the rental amount. 

3.     The complainant submits that thereafter, the opposite party 2^nd time came for talks and persuaded the complainant that he would be ready to give a Flat at a new project in the Ayyappanthangal area and promised that this time he would keep good on the promise.   Therefore with an intention to protect his money given and also still believing the 1^st opposite party, the complainant had entered into an another agreement for the purchase of undivided share dated:25.01.2018 and also construction agreement dated:25.01.2018 the cost of the flat Rs.33,17,500/- towards cost of uds, construction cost for the flat and other development cost in all that piece and parcel of housing plot bearing Plot No.A, (Newly sub-divided Plot) Flat No.S2 in the 2^nd Floor brand name of “ICL Home Town” comprised in R.S.mNo.127/1 part and renumbered as R.S. No.127/1A43,127/1A46, 124/1A47 as patta No.5187 as per patta survey No.127/39 measuring extent of 2400 sq. ft situated in Noombal Village, Ayyappanthangal, Maduravoyal Taluk, Thiruvallur District.  UDS is 341/2400 in the terms and conditions.  The complainant states that they issued letter dated:25.01.2018 for booking of flat in ref No.MD/CEE/NO.SHOP-ICL-A-S2 and also issued allotment letter dated:24.01.2018 for the advance payment of Rs.25,000/- made by the complainant towards booking a flat in the said “ICL HOME TOWN” at Ayyappanthangal, Chennai.   The complainant submits that the opposite parties had promised to allot a flat in the new project.   But they have neither allotted a flat in the new project nor returned the money to the complainant.   The complainant submits that he had taken insurance for flat and applied for home loan process for the new flat but once again, he was shocked to know that the opposite parties had not handed over the flat and had sold the said flat allotted to the complainant.  The act of the opposite parties 1 & 2 caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

4.     Inspite of receipt of notice, the opposite parties 1 & 2 has not appeared before this Forum and hence, the opposite parties 1 & 2 was set ex-parte.

5.     Though the opposite party remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

6.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A10 are marked.  

7.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.5,00,000/- paid as advance with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant entitled to a sum of Rs.3,85,000/- towards compensation for insurance and bank loan process and another sum of Rs.72,000/- towards compensation for half a month’s rent at the rate of Rs.4,000/- per month for 18 months as prayed for?
3. Whether the complainant is entitled to a sum of Rs.5,20,000/- towards compensation for financial loss and mental agony and damages for deficiency in service with cost of Rs.25,000/- as prayed for?

8.      On point:-

        The opposite parties after receipt of notice not appeared in this Forum and remained ex-parte.   The complainant filed proof affidavit, documents and written argument.   The complainant pleaded and contended that the 1^st opposite party is a Company and the 2^nd opposite party is the Proprietor of the 1^st opposite party Company doing the business of construction.   The complainant approached the 1^st opposite party office after seeing the advertisement and obtained the brochure of the property and booked a flat and paid an advance amount of Rs.25,000/- and entered into an agreement dated:11.04.2017 for the purchase of undivided share valuing of Rs.8,42,400/- and Construction Agreement dated:11.04.2017 for Rs.31,64,500/- as per Ex.A2 & Ex.A1 to the extent of 674 sq. ft. comprised in old survey No.140/1 part, new survey No.140/38 with the construction of 674 sq. ft. super built up area measuring to an extent of 2063  sq. ft. as per Ex.A2 & Ex.A1.   The opposite party agreed to pay half of the monthly rental amount of Rs.4,000/- per month till the flat is handed over to the complainant.   Further the complainant contended that on 30.01.2017, the complainant paid a sum of Rs.25,000/- towards advance through RTGS from HDFC bank as per Ex.A7.  Thereafter, the complainant paid a sum of Rs.1,00,000/- on 17.04.2017, Rs.1,00,000/- paid on 28.04.2017, Rs.1,75,000/- paid on 01.06.2017 and another sum of Rs.1,00,000/- paid on 06.02.2018 towards part payment totalling a sum of Rs.5,00,000/- paid by the complainant to the opposite parties after entered into the agreement as per Ex.A2 & Ex.A1.  

9.     Further the contention of the complainant is that the said amounts were paid when there is a demand from the opposite parties.   Hence, there shall be no default in payment.   When the complainant went to the site to check up the progress of the flat, the opposite parties’ staffs informed that they have cancelled the contract without the knowledge of the complainant proves the deficiency in service and unfair trade practice.  Further the contention of the complainant is that inorder to pay the amount towards UDS and construction, the complainant applied for housing loan and availed insurance.   But there is no record   the complainant repeatedly demanded the opposite parties to refund the amount with interest and claiming insurance amount and half of the rental amount.  But on a careful perusal of the agreement Ex.A2 & Ex.A1, there is nothing about the rental amount.   Equally, there is no iota of evidence produced in this case to prove that the complainant availed housing loan and paid a huge amount of Rs.3,85,000/- towards insurance.   The complainant miserably failed to prove the housing loan and insurance.   The complainant also has not produced any evidence to prove the house rent.   The opposite parties has not raised any contention and remained ex-parte.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally shall refund a sum of Rs.5,00,000/- being advance amount paid towards construction of flat along with interest at the rate of 9% p.a. from the date of filing of the complaint (i.e.) 24.10.2019 to till the date of this order (i.e.) 03.03.2020 and to pay a sum of Rs.20,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.5,00,000/- (Rupees Five lakhs only) being the advance amount paid towards construction of flat along with interest at the rate of 9% p.a. from the date of filing of the complaint (i.e.) 24.10.2019 to till the date of this order (i.e.) 03.03.2020 and to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of March 2020. 

 

MEMBER                                                                                                                                                                        PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	11.04.2017	Copy of Construction of Agreement executed by the opposite parties
Ex.A2	11.04.2017	Copy of Agreement for the purchase of UDS of approved housing plot and the construction of residential flat
Ex.A3	11.04.2017	Copy of Agreement for the purchase of vacant land UDS
Ex.A4	25.01.2018	Copy of Construction Agreement executed by the opposite party
Ex.A5	25.01.2018	Copy of Agreement for the purchase of UDS of approved housing plot and the construction of residential flat
Ex.A6	25.01.2018	Copy of Agreement for the purchase of vacant land UDS
Ex.A7		Copy of payment made to the opposite party through bank
Ex.A8		Copy of receipt issued by the opposite party
Ex.A9		Copy of letter of allotment issued by the opposite party
Ex.A10	05.09.2019	Copy of legal notice and acknowledgement card.

 

 

MEMBER                                                                                                                                                                            PRESIDENT