BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.SundaraRamaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Wednesday the 4^thday of May, 2011

C.C.No.104/10

BETWEEN:

1.  Katasani Siva Nela, W/o KatasaniSambasiva Reddy,

    Plot No. 37, Sri SaiVaibhav Nagar, Kurnool-518002.

2.  M.SreenivasuluSetty, S/o M.P.V.Subbaiah,

    Plot NO. 10, Sri SaiVaibhav Nagar,Kurnool-518002.

3.  P.Vara Prasad, S/o. P.Adam, Plot NO. 12,

    Sri SaiVaibhav Nagar, Kurnool-518002.

4.  T. Balaji, S/o. T.Eswaraiah,

 Plot No.15, Sri SaiVaibhav Nagar, Kurnool-518002.

5.  T.Ashok Kumar, S/o. T.MadhavaKrishnaiah,

    Plot No.18, Sri SaiVaibhav Nagar, Kurnool-518002.

6.  M.Sudhakar, S/o. M.Nagaiah,

Plot NO.37, Sri SaiVaibhav Nagar, Kurnol-518002.  

7.  K.Vasundhara, W/o K.SuriBabu,

 Plot NO.37,Sri Sai Vaibhav Nagar, Kurnool-518002.

8.  B.Saraswathi, W/o B.Eeranna,

 Plot No.45, Sri SaiVaibhav Nagar, Kurnool-518002.

9.  M.Subramanyam, S/o M.Krishnaiah,

Plot No.49,         Sri SaiVaibhav Nagar, Kurnool-518002.                          

    …Complainants

-Vs-

M.V.Subaiah, S/o. M.C.VenkataSwamy,

H.No. L.I.G-1-134, A.P.H.B. Colony, B-Camp, Kurnool-518002.   …Opposite Party  

This complaint is coming on this day for orders in the presence of Sri M.Azmathulla, Advocate for complainants and Sri PokalaSreenivasulu, Advocate for opposite party upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.SundaraRamaiah, President)

                                      C.C. No. 104/10

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite party:-

(a)    To provide black top road, individual municipal tap connections underground drainage and common security with his own funds.

1. To pay RS. 20,00,000/- towards compensation.

1. To pay costs to the complainant.

And

1. To pass such other relief or reliefs as the Hon’ble Forum may deem fit and proper in the circumstance of the case.

2.     The case of the complainants in brief is as under:-  The complainants are residents of Sri SaiVaibhava Nagar, Kurnool.  The opposite party is the builder of the houses.  The complainants entered into an agreement with the opposite partyfor purchase of sites and construction of houses.  The opposite party got the plots registered in the name of the complainants though the original owner V.Jitendra Kumar.  The opposite party constructed the houses and delivered the houses after receiving the entire consideration.  The opposite party failed to provide the amenities as specified in the agreement and specification.  The complainants several times requested the opposite party to provide black top road, municipal tap connection, underground drainage and common security.  The opposite party post phoned the same.  On 13-06-2009 some of the complainants got issued registered legal notices to the opposite party. The opposite party received the said notices and kept quiet.There is deficiency of service on the part of the opposite party.   Hence the complaint.

3.     Opposite partyfiled written version stating that the complaint is not maintainable.  The opposite party not agreed to provide 20 amenities as stated in the complainant.  The opposite party constructed the houses as per the agreed terms and possession was delivered long back to the complainants.  All the houses are equipped with electricity and other utility connections.  The house owners are paying property tax to the Kurnool Municipal Corporation.  The complainants having taken possession of the houses failed to pay balance of the amount to the opposite party.  Pucca roads were already laid by the opposite party with drainage facilities.The opposite party paid amounts to the Municipal Corporation for laying of C.C roads.  Municipal taps have been provided long back. The complainants are paying water tax to the municipality.   A strong fencing was made,providing security to the houses, but the Municipal Corporation removed the same.  There is no deficiency of service on the part of the opposite party.  The complainants failed to pay the balance amount to the opposite party.  The complaint is liable to be dismissed.

4.     On behalf of the complainants Ex.A1 to A4 are marked and sworn affidavit of the complainants 1 and 2 are filed.  On behalf of the opposite party Ex.B1 and B2 are marked and sworn affidavit of opposite party and complainants 3,4 and 8 are filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are:

1. Whether there is deficiency of service on the part of the Opposite Party?

1. Whether the complainantsare entitled to the reliefs as prayed for?

    (c)        To what relief?

7. POINTS 1 & 2 :-   Admittedly the complainants are the resident of Sri SaiVaibhava Nagar, Kurnool.  They purchased the plots through the opposite party.  Admittedly the opposite party is a builder and he agreed to construct houses to the complainants in Sri SaiVaibhava Nagar Kurnool.  The first complainant filed Ex.A1 sale deed evidencing that she purchased the plot from V.Jitendra Kumar through the opposite party.

8.     It is the case of the complainants that the opposite party is a builder and that he agreed to construct the houses in the plots purchased by them as per the specification mentioned in Ex.A3.  According to the complainants that the opposite party entered into agreements with them for construction of the houses as per the specifications mentioned in Ex.A3.   The complainants 1 and 2 in their affidavit evidence stated that the opposite party agreed to construct houses as per the specifications mentioned in Ex.A3.  Ex.A2 is the agreement entered in to between the first complainant and opposite party.  In the said agreement Ex.A2 it is mentioned that the opposite party agreed to construct the house as per the specifications within one year from the date of Ex.A2 dated 23-02-2006. It is the case of the opposite party that he constructed the houses as per the terms and conditions of the agreements and delivered possession of the houses to the complainants long back.  The opposite party in support of his contention that the houses were constructed as per the specifications relied on the affidavit evidence of complainants 3,4& 8.  The complainants 3,4& 8 in their affidavits clearly stated that the opposite party has constructed the houses as per the agreement terms and possession was delivered long back. It is for the complainants to establish that the opposite party failed to provide the amenities as specificated in the agreement. The complainants have not taken advocate commissioner to inspect their houses to find out whether the amenities are provide by the opposite party as mentioned in Exs.A2 and A3.  According to the opposite party pucca roads are already laid and strong fencing was provided long back.  Except the affidavit evidence of complainants 1 and 2 there is no material on record to show that the opposite party failed to provide the facilities as mentioned in Exs.A2 and A3.   The complainants failed to establish that there is deficiency of service on the part of the opposite party.  Therefore the complainants are not entitled to the reliefs as prayed for.

9.        In the result, the complaint is dismissed without cost. 

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 4^th of May, 2011.

Sd/-                              Sd/-                              Sd/-

MALE MEMBER                      PRESIDENT                   LADY MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainants: Nil           For the opposite party:Nill

List of exhibits marked for the complainants:-

Ex.A1        Photo copy of Sale deed dated 24-02-2006 infavour of the first complainant.

Ex.A2.       Photo copy of Agreement dated 23-02-2006 executed by the opposite party infavour of the first complainant.

Ex.A3                Photo copy of List of specifications supplied by the

opposite party.

Ex.A4        Photo copy of Legal notice dated 13-06-2009 along with postal acknowledgement.

Ex.A5        Photo copy of Layout Plan for House Plots in S.No.702/4, Kallur village, Kurnool District.

List of exhibits marked for the opposite party:-

Ex.B1        Photo copy of resolution of municipal council supplementary agenda dated 03-08-2010.

Ex.B2        Photo copy of memo dated 19-11-2005 issued by Municipal Administration and Urban Development Department.

Sd/-                              Sd/-                              Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :