Tamil Nadu

North Chennai

CC/184/2017

T Jeba Selvin Benjamin - Complainant(s)

Versus

Manager, Dream Homes Property Developers. - Opp.Party(s)

Party in Person

20 Dec 2018

ORDER

 

                                                              Complaint presented on: 7.12.2017

                                                                 Order pronounced on: 20.12.2018 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL PRESIDENT

 

TMT.P.V.JEYANTHI B.A.,    ;                 MEMBER -I

 

THURSDAY  THE 20^th   DAY OF DECEMBER 2018

 

C.C.NO.184/2017

 

 

T.Jeba Selvin Benjamin,

S/o. Thangaraj,

Plot No.12 & 13, Phase VI Chennai Avenue,

Mamandur, Madurantagam Taluk,

Kanchipuram District – 603  111.

MP: 8220503611.

                                         

                                                                                        ….. Complainant

 

 ..Vs..

The Manager,

Dream Homes Property Developers Pvt Ltd.,

No.2400 A, AK 19, 11^th Main Road, Anna Nagar,

Chennai – 600 040.

(Near Sundaram Foundation, Shanthi Colony)

 

.....Opposite Party

Date of complaint                                 : 29.12.2017

Counsel for Complainant                     : Party in Person

 

Counsel for Opposite Party                     :  Ex – parte (01.02.2018)

 

 

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant  to direct the opposite party to refund a sum of 3,37,500/- paid amount and  to pay a sum of Rs. 5,00,000/- towards compensation for mental agony and also to pay a sum of Rs.1,50,000/- towards compensation for deficiency in service  with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          On the  approach of the opposite party, the complainant has received the Brochure and came to know about the future  growth factors at their Housing layouts at Sri Golden City, Oragadam. Then Complainant approached one Mr.Sasthri Babu who was told as the Managing Director of M/S Dream Homes property Developers PVT., Ltd during the second week of November 2015 and he has assured to register the property within three months, if payment is fully paid to them. Based on the assurance, the complainant booked two plots Nos.171 &172 at Sri Gold City Oragadam. Advance of Rs.20,000/- was paid on 18.11.2015 and the entire balance amount of Rs.3,17,500-00 was paid to opposite party  on 16.12.2015 at their Branch office in Chennai. Then assurance was given by the opposite party till June 2016, but opposite party  had not taken care to register the property. Hence the complaint is filed by the complainant   to refund the amount  paid with interest and  for mental agony and deficiency in service caused by opposite party.

          2. The opposite party called absent and he was set ex-parte.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The case of the complainant is that  he booked two plots  in the property belonged to the opposite party, on the assurances given by opposite party  he paid the amount for two plots, but the opposite party  had failed to register in favour of the complainant as assured by him and  the opposite party had failed to refund the amount  inspite of his repeated request by which he suffered Mental agony . Plan showing the layout of the property is Ex.A1. The receipts given by the opposite party  for the payment of Rs.20,000/- and for Rs.3,17,500/- is Ex.A2 series dated  18.11.2015 and 16.12.2015. Ex.A3 is the notice sent by the complainant  to the opposite party  requesting the  opposite party  to register the property or else to return  back the amount paid by him.  The letter was received  by opposite party  vide acknowledgement in Ex.A4. Aadhaar  Card of the complainant is marked as Ex.A5.

5. The complainant contends that the opposite party approached the complainant  by supplying the Brochure and explained about the future growth of the Land at “Sri Golden City”, believing the same the complainant booked two plots No. 171 and 172 shown in Ex.A1 plan and paid the entire amount for the same. But the opposite party  had not registered the plots in favour of the complainant. Advance payment of Rs.20,000/- and Rs.3,17,500/- as the Balance amount was paid by the complainant as alleged by him is evidenced in Ex.A2 series  receipts.

           6. Ex.A3 is the notice issued by the complainant to the opposite party  requesting the opposite party  to register the plot  or else to return the amount with interest but it was not replied even after its receipt by opposite party. The opposite party  has also not appeared before this forum  either to putforth his defence or to disprove the case of the complainant. Hence the complaint of the complainant has to be accepted as true. Therefore it is decided by us  that the Complainant is entitled to get  refund of the amount paid by him with interest and also compensation from the opposite party  for deficiency in service.      

07. POINT NO:2

          As discussed by us, the complainant is entitled to get the refund of the total amount of Rs.3,37,500/- paid by him to the opposite party ,with  interest @ 9% from 16.12.2015 till the date of payment. In view of the amount paid in full by the complainant to  the opposite party   and the  opposite party  had failed to perform his duty to register the plots in favour of the complainant as assured by him, the complainant would have suffered mental agony. Therefore the complainant deserves   Rs.50,000/- for deficiency in service and  mental agony, besides a sum of Rs.5,000/- towards litigation expenses.    

In the result the Complaint is partly allowed. The Opposite party is directed to pay an amount of Rs.3,37,500/- (Rupees three lakhs thirty seven thousand and five hundred only)  with 9% interest from 16.12.2015 till the date of payment and also to pay a sum of  Rs.50,000/-(Rupees fifty thousand only) to the complainant for deficiency in service and mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 20^th  day of December 2018.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 12.11.2015                   Copy of brochure of the mopposite party

 

Ex.A2 dated 18.11.2015                   Copy of receipts issued by the opposite party

                    16.12.2015

 

Ex.A3 dated 24.10.2015                   Notice issued to  the opposite party

 

Ex.A4 dated 27.10.2017                   Postal acknowledgement

 

Ex.A5 dated 24.11.2017                   Aadhaar Card of  the complainant

 

                                               

MEMBER – I                                                               PRESIDENT