Andhra Pradesh

Nellore

CC/116/2015

Darukumalli Krishnamurthi, S/o Venkureddy - Complainant(s)

Versus

Managing Director, Andhra prades Rajieve Swagruh Corporation ltd - Opp.Party(s)

Inperson

24 Jan 2017

ORDER

Date of Filing     :15-12-2015

                                                                                                Date of Disposal:24-01-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Tuesday, this the 24^th  day of  January, 2017

 

           Present:  Sri V.C. Gunnaiah, B.Com., M.L., President (FAC)

                          Sri M. Subbarayudu Naidu,B.Com., B.L.,LL.M. Member

 

C.C.No.116/2015

 

Darukumalli Krishnamurthy, S/o.Venka Reddy,

Aged 62 years,  Reddy Bazar,

D.No.9/8, Ulavapadu  Village (P.O.),

Ulavapadu Mandal, Prakasam District.                                        ..… Complainant   

 

                                                                           Vs.

 

1.	Managing  Director, Andhra Pradesh Rajiv Swagruha Corporation Limited, 7th floor, Gagan Vihar, Opposite to Gandhi Bhavan, Nampally, Hyderabad.
2.	Regional Manager, Andhra Pradesh Rajiv  Swagruha Corporation Limited, Back side of Axis College Education, Kothur, Nellore Rural, S.P.S.R.Nellore District.                                                        ..…Opposite parties

                                                            .    

            This complaint coming on 23-01-2017  before us for hearing in the presence of                complainant appeared in person and Sri N. Sudheer Reddy,                                                        advocate for the opposite parties  and having stood over for consideration till this day and this Forum made the following:

 

ORDER

(ORDER BY  Sri V.C. GUNNAIAH, PRESIDENT (FAC)

 

This  complainant  filed this complaint  under Section-12 of Consumer Protection Act, 1986 to direct the opposite parties to pay Rs.3,250/- with interest at 20%  from 15-04-2007  till realization, to pay Rs.50,000/- for mental agony and Rs.3,000/-  for Court expenses.

 

 

2.         The averments of the complaint in brevity  which is filed in vernacular language as follows:

 

The complainant applied for  allotting house through application No.1030000282 on 15-04-2007 issued by opposite parties by  paying Rs.3,000/- as deposit and Rs.250/- for  applicant fee on the promise   given by opposite parties to   construct a house  and give him.   But subsequently, the office at Kavali was closed.  House was not allotted to him.  He went to Nellore office of opposite parties and enquired about the allotment of his house  but  they said  that the scheme was cancelled.  He demanded  for return of the amount paid by him but they did not return the same inspite of  waiting 8 years 8 months.    They have not returned the amount and caused lot of mental agony to him.  Thus, there is deficiency of service by opposite party towards  him. Therefore the complaint for the above reliefs.

 

3.         The opposite party No.2 filed written version and the same has been adopted by opposite party No.1 by filing memo.

 

4.         The opposite party No.2 admitted that the complainant joined  as subscriber of  house under Rajiv Swagruha Corporation Limited proposed  by the opposite party at Kavali and paid Rs.3,000/- as earnest money  deposit and Rs.250/- for  application  and process fee on 15-04-2007 but  denied the other allegations.

 

5.         It is further averred  that the opposite party processed the application to the corporation but the corporation was not in a position to construct the house in Kavali area  and stopped construction of houses under the scheme.  The same was intimated to the complainant over a phone and requested him to choose his option of house at any other place.  The complainant did not turn up to the office   and not accepted any  house in  any other  place.  Since the complainant not turned up to the office of the opposite party, did not  take steps either to refund the amount or to allot

house in any other place to the complainant.  The complainant never approached the opposite party No.2 for refund of the amount or issued any  letter for refund of  the amount.  The opposite party taken up steps for refund of the amount  and issued  proceedings   on 14-12-2012  and since the complainant did not turn up opposite party  could not refund the amount.   The opposite parties  could not traced out the address of the complainant and he did not inform the change of address to the opposite party.  The complainant without approaching the office of the opposite  party to collect cheque and  proper address was not furnished by the complainant.  Cheque sent was returned with insufficient address on the request of the complainant after filing  of complaint, he received cheque and he got realized the same on 20-02-2016 and the complainant was requested to file  full satisfaction memo.   Since the cheque amount was already paid to the complainant,  the complaint is liable to be dismissed with costs as there is no deficiency in service.

 

6.         On behalf of the complainant he filed his affidavit  as P.W.1   and  got marked Exs.A1 to A5.  On behalf of the opposite parties affidavit of opposite party No.2 is filed as R.W.1 and marked Exs.B1 to B5. 

 

7.         Heard arguments on both sides and perused  the pleadings and the evidence placed on record by the parties.

 

8.     The points that arises for determination are:

 

1.    Whether  there is deficiency in service on the part of opposite parties as   

   pleaded by the complainant?

 

2.    Whether the complainant is entitled for the reliefs sought for?

 

3.    To what relief?

 

9.      POINTS 1 AND 2: It is contended by the complainant in person that though his amount of Rs.3,000/- was refunded  to him after filing of this complaint but opposite parties not paid the interest accrued  on Rs.3,000/- from the date of deposit.  Therefore, he is entitled for the interest, damages and costs of the litigation.  Hence, the same may be ordered.

 

10.       Per contra learned counsel for opposite parties contended  since the address  of the complainant was not furnished correctly, the amount was not sent.  The complainant has not turned up to take the house at some other place.  Hence house was not allotted.  However returned the deposit amount and the cheque was realized on 20-02-2016  after filing of the complaint.  Hence no deficiency in service.  As such complaint may be dismissed.

 

11.       In this case, there is no dispute  that complainant applied for allotment of house under the scheme proposed by opposite parties and deposited Rs.3,000/- towards earnest money and Rs.250/- towards application fee on 15-04-2007.  But the opposite parties  not allotted the house and closed the scheme on the protext, the  scheme was cancelled.  A perusal of the record shows  the cancellation of scheme by the opposite parties has not been  informed to the complainant and asked him to choose alternative place for allotment of house or opt for  refund of the amount.   Complainant has also not intimated that he is entitled for refund of the amount  or to opt another place for allotment of house.  A perusal   of documents filed by the opposite parties and the affidavit of R.W.1 shows that   the address of complainant was changed  and changed address was not informed to the opposite parties  to refund the amount and the cheque sent was returned to him.  But no proof is filed by opposite parties that complainant changed his address from time to time and cheque was sent to him and the same was returned.  On the other hand, the affidavit of complainant  as P.W.1 clearly   and categorically goes to show that inspite of his efforts and requests, the deposited amount was not returned to him and the same was returned by way of cheque   on    15-02-2016 after filing of this complaint.  If really, the opposite parties intended to return the earnest money of Rs.3,000/- to the complainant immediately after cancellation of the scheme, they should have returned to him  on intimation.  But no such effort was put by opposite parties to refund the amount of Rs.3,000/-, though  not application fee of Rs.250/-.   Since the proposed scheme of allotment of house to the complainant was abruptly cancelled by the opposite parties  without intimation to the complainant and not  refunded the amount for Rs.3,000/- deposited by complainant,  there is  clear deficiency in service on the part of  opposite parties and the same has been proved by the complainant.  Therefore, the complainant  is entitled for interest on the deposited amount  of  Rs.3,000/- from the date of his deposit till realization as opposite parties  refunded Rs.3,000/- by way of cheque after filing of this complaint.  Accordingly points 1 and 2 are answered in favour of complainant.

 

12.       In the result,  the complaint is allowed directing the opposite parties               1 and 2 jointly and severally to pay interest at 9% p.a. on Rs.3,000/- (Rupees three thousand only)  the earnest deposit amount   paid by the complainant  from                 15-04-2007 till  15-02-2016 and shall also pay Rs.1,000/- (Rupees one thousand  only) towards mental agony and Rs.1,000/- (Rupees one thousand only) towards costs of the complaint to the complainant within 45 days  from the date of receipt of this order.

        

            Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the 24^th day of  JANUARY, 2017.

 

 

            Sd/-                                                                                                 Sd/-

           MEMBER                                                                               PRESIDENT (FAC)

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

19-04-2016

Sri Darukumalli Krishna Murthy, S/o.Venku Reddy, Prakasam District  (Evidence affidavit filed).

 

Witnesses Examined for the opposite parties

 

R.W.1  -

20-07-2016

Smt. M. Rajasree, W/o.D.V. Bhujanga Rao, General Manger, A.P.R.SC.L., Nellore (Chief affidavit filed).

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -

15-04-2007

Photostat copy of  receipt in application No.1030000282 in favour of complainant issued by e-Seva, Kavali, Nellore District for Rs.250/-.

 

Ex.A2  -	15-04-2007	Photostat copy of  receipt in application No.1030000282 in favour of complainant issued by e-Seva, Kavali, Nellore District for Rs.3000/-.
Ex.A3  -	09-09-2010	Photostat copy of letter from complainant to the  opposite party No.1 and copy addressed to the opposite party No.2.
Ex.A4  -	02-11-2015	Letter from  complainant to the opposite party No.1.
Ex.A5  -	-	Letter dated 12-02-2016 from opposite party No.2 to the complainant  alongwith Photostat copy of  State Bank of Hyderabad, Nellore D.D. No.472079, dated 08-01-2016 for Rs.3,000/-  in favour of complainant.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

 

Ex.B1  -	-	Photostat copies of  proceedings No.1796/Mktg/UN allottees-II/2011, dated 14-12-2012 from opposite party No.1 to the complainant and statement showing payment details given by opposite party No.2.
Ex.B2  -	-	Photostat copies of  letter dated 08-01-2016  from opposite party No.2  to the complainant and returned cover  front portion from opposite party No.2 to the  complainant.
Ex.B3  -	12-02-2016	Photostat copy of letter from opposite party No.2 to the complainant in Letter No.1030000282/DAO/ APRSCL/Refund, dated 12-02-2016.
Ex.B4  -	16-02-2016	Photostat copy of postal acknowledgement  front portion showing  receipt of acknowledgement of complainant.

 

 

 

 

 

 

Ex.B5  -

02-03-2016

Photostat copy of  statement of account from 01-02-2016 to 20-02-2016 issued by State Bank of Hyderabad,  Padmavathi Centre, Nellore.

                                                                                                                                  Id/-

                                                                                                         PRESIDENT (FAC)

Copies to:

1.	Sri Dorukumalli Krishnamurthy, S/o.Venka Reddy, Reddy Bazar,  D.No.9/8, Ulavapadu  Village (P.O.), Ulavapadu Mandal, Prakasam District.
2.	Sri N. Sudheer Reddy, Advocate, Nellore.

 

Date when free copy was issued: