Tamil Nadu

South Chennai

290/2010

Mr.Sivakumar Raman - Complainant(s)

Versus

Managing Director, Real Value Promotors Pvt.Ltd., - Opp.Party(s)

Party in Person

12 Jun 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

No.  212-R.K.MUTT ROAD, III FLOOR, MYLAPORE, CHENNAI-600 004.

 

PRESENT: THIRU. V. GOPAL, B.Sc., B.L.,                     ::    PRESIDENT

                THIRU. L. DEENADAYALAN, M.A.B.L.,        ::    MEMBER-I

 

C.C. No. 290/2010

TUESDAY, THE 14th DAY OF AUGUST – 2012

                                                                                                                                               

Mr.Sivakumar Raman,

No.39, Indira Nagar,

R.K. Pet, Arni,

Thiruvannamalai District,

Tamil Nadu – 632 301.                            ::                Complainant.

 

Vs.

 

Managing Director,

Real Value Promoters Pvt. Ltd.,

Ambojini,

17-1, Poes Road,

2^nd Street, Teynampet,

Chennai – 600 018.                                 ::             Opposite Party.

 

 

Date of complaint                                   :           28.06.2010

 

For the complainant                                 :   Mrs.S.Rajalakshmi, Advocate.

 

For the opposite party                              :         Party in person.

 

ORDER

THIRU. V. GOPAL, PRESIDENT.

Complaint under section 12 (1) of the Consumer Protection Act, 1986 for a direction to the opposite party to pay the balance amount of Rs.1,70,422/- and Rs.2,00,000/-  towards compensation for due to escalation of prices in real and Rs.50,000/- for cost of proceedings and to pay the interest @ 18% on above amounts from the date of payments, i.e., 26.02.2009 till realization of the complaint to the complainant.

1. The case of the complainant is briefly as follows:-

The opposite party is a real estate builder and based on the false information given by the opposite party, the complainant was misled and booked a plot and paid Rs.4,70,422/-. Even after payment of Rs.4,70,422/- the opposite party did not make any arrangements for sale. Further, the opposite party has not get the approval from the Government authority to start the construction work. Hence, the complainant cancelled the booking and asked the opposite party to refund the amount which he already paid to the opposite party. The opposite party refunded only Rs.3,00,000/- and retained the balance. The act of the opposite party in not refunding the balance of Rs.1,70,422/- amounts to unfair trade practice and deficiency in service.

2.   The opposite party filed a written version and contented inter alia that, the opposite party started the present project in which the complainant had booked a flat No.15E in Block No.5 by executing the booking form and paid Rs.50,000/- as booking advance on 06.02.2009. The complainant had made only Rs.4,70,422/- as on 28.02.2009 which is only 12% of the total sale consideration and inspite of repeated reminders, the complainant evaded payment. The complaint is not maintainable since the matter had been settled the between the parties and the opposite party already refunded of Rs.3,00,000/-. The opposite party is ready and willing to refund balance sum of Rs.1,45,222/- after detecting a sum of Rs.25,000/- as per booking form which was mutually agreed between the parties. Hence, there is no unfair trade practice and deficiency in service on the part of the opposite party.

3.      Proof affidavits have been filed by both the complainant and the opposite party. Ex.A1 to Ex.A5 were marked on the side of the complainant. Ex.B1 was marked on the side of the opposite party.

4.      The points that arise for consideration are as follows:-

1)   Whether there is any unfair trade practice and deficiency in service on the part of the opposite parties?    

2)   To what relief the complainant is entitled to?

5.      Point No.1:-       Ex.A1 is the copy of the confirmation letter dt.04.02.2009 issued by the opposite party in the name of the complainant. Ex.A2 is the copy of the receipt dt.06.02.2009 issued by the opposite party for Rs.50,000/- to the complainant. Ex.A4 series are the receipts dt.28.02.2009 issued by the opposite party for Rs.4,00,000/- and receipt dt.28.02.2009 for Rs.20,422/-. Ex.A3 is the copy of the letter dt.11.02.2009 sent by the opposite party to the complainant stating that, the complainant had paid Rs.4,70,422/- and requested to pay the balance of the cost of the flat. Ex.A5 is the copy of the cancellation letter dt.07.07.2009 sent by the complainant to the opposite party.Ex.B1 is the copy of the booking form dt.06.02.2009.

6.      Perusal of the Ex.B1 shows that, the total cost of flat was Rs.34,69,477/-. Under Ex.A2, the complainant had paid Rs.50,000/- on 06.02.2009 towards booking of the flat and under Ex.A4 series the complainant had paid Rs.4,00,000/- and Rs.20,422/- and in total the complainant had paid Rs.4,70,422/-. In Ex.A3 Rs.5,20,422/- was mentioned as booking confirmation amount and the amount paid by the complainant was so far Rs.4,70,422/-  and the opposite party requested the complainant to pay the balance on or before 26.02.2009. Perusal of Ex.A2 and Ex.A4 series that the complainant had paid Rs.4,70,422/- so far.  The complainant made a request under Ex.A5 to cancel the booking. Ex.B1 is the booking form in which the complainant had signed by accepting the conditions mentioned in Ex.B1. It has been specifically mentioned in Ex.B1 that incase of the cancellation 50% of the amount would be detected. As per the above condition, the opposite party is entitled to detect 50% of the advance amount. In the written version itself the opposite party has stated that they are ready to refund the advance amount after detecting 50% of the booking advance amount. As per complaint, the opposite party refunded Rs.3,00,000/- only. For the balance amount the present complaint is filed. The act of the opposite party in not refunding the balance amount amounts to unfair trade practice and deficiency in service.

7.      Point No.2:-       In the result, the complainant is allowed partly and the opposite party is directed to refund Rs.1,45,422/- (Rupees One Lakh Forty Five Thousand Four Hundred and Twenty Two only) with interest @ 6% from the date of complaint to till the date payment and Rs.15,000/-  (Rupees Fifteen Thousand only) towards compensation for mental agony and Rs.3,000/- (Rupees Three Thousand only) as cost of proceedings to the complainant. The amount shall be payable within six weeks from the date of receipt of copy of this order failing which the amount shall carry interest @ 9% per annum till the date of payment.

Dictated directly by the President to the Steno-Typist, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 14^th day of August 2012.

 

MEMBER-I                                                                                 PRESIDENT

Complainant Documents:-

1.   Ex.A1   :   Copy of the confirmation letter from the opposite party

                       dt.04.02.2009.

 

2.   Ex.A2   :   Copy of the receipt given by the opposite party

                       dt.06.02.2009.

 

3.   Ex.A3   :   Copy of the letter from the opposite party dt.11.02.2009.

 

4.   Ex.A4   :   Copy of the receipts given by the opposite party

                       dt.28.02.2009.

 

 

5.   Ex.A5   :   Copy of cancellation letter from the complainant

                       dt.07.07.2009.

 

Opposite party Document:-          

1.   Ex.B1   :   Copy of booking form dt.06.02.2009.

 

 

 

MEMBER-I                                                                                 PRESIDENT