Tamil Nadu

StateCommission

CC/23/2017

V.Sabarimani - Complainant(s)

Versus

Manju Foundation Pvt. Ltd., Rep. by its M.D. - Opp.Party(s)

M/s. S.Chandramouli- Complt.

14 Jun 2023

ORDER

Date of filing : 23.11.2016

 

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:       Hon’ble THIRU. JUSTICE R. SUBBIAH              :    PRESIDENT

                     THIRU. R VENKATESAPERUMAL                     :   MEMBER

 

C.C. No.23/2017

DATED THE 14^TH DAY OF JUNE 2023

Mrs. V. Sabarimani,

W/o. Major G. Vetrivel,

Villa 142, Villa Viviana,

Govindhapuram,

Maraimalai Nagar,

Kancheepuram District – 603 209.          

 

Now residing at:-

5 MTN DOU,

C/o. 99 APO, Pin 909 005.                                                  ::                      Complainant.

-Versus-

Manju Foundations Pvt. Ltd.,

Rep. by its M.D., C.E.O.,

Mr. K.M. Vidhyasagar,

No.141, 7^th Floor, Agnitio Park,

OMR Road,

Kandanchavady,

Chennai – 600 096.                                                                    ::    Opposite Party.                                                                          

 

Counsel for the complainant               :    M/s. S. Chandra Mouli

Opposite party                                    :    Exparte

 

              This complaint having come up for final hearing before us on 25.11.2022  and on hearing the arguments of complainant and upon perusing the material records submitted by the complainant and the opposite party remaining absent was set exparte and this Commission made the following:-

ORDER

Thiru. R VENKATESAPERUMAL, MEMBER

 

               This complaint has been filed by the complainant under section 17 (1) (a) (i) of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the opposite party along with the prayer to refund a sum of Rs.31,77,952/- along with interest at the rate of 12% p.a. from 11.01.2016 and to pay a sum of Rs.10,00,000-  towards compensation for mental agony and deficiency in service and with cost of Rs.50,000/- to the complainant.

1. The gist of the complaint allegations is as follows;-   

The case of the complainant is that she booked a Villa with the opposite party namely; Aalayam at Chennai.  The opposite party has allotted Villa No.7 to the complainant.   The complainant paid a total sum of Rs.31,77,952/- on various dates from 23.12.2013 to 22.09.2015.   Since, the Villa which was allotted to the complainant was sold to a third party for a higher price, the opposite party promised to allot another Villa but failed to handover the possession of the said Villa in the prescribed time.  Hence, they agreed to terminate the contract.  The complainant submits that it was mutually agreed by the letter dt.11.01.2016 that the opposite party would pay Rs.20,00,000/- by way of 2 cheques vide Cheque No.01120563 dt.31.01.2016 and Cheque No.01120564 dt.15.02.2016 drawn on Tamil Nadu Mercantile Bank Ltd., Porur Branch, Chennai as part payment and the balance amount would be invested in the suitable future projects of the opposite party.  To the shock of the complainant, both the cheques were returned unpaid with an endorsement ‘Insufficient funds’.   The act of the opposite party caused great mental agony and sufferings to the complainant.  Hence, the complainant issued legal notice to the opposite party on 22.06.2016.   The opposite party received the notice but did not sent any reply.  Hence, the complainant has filed this complaint before this Commission as stated supra.

2.         M/s. K. Kathiresan, Advocate files Vakalat for the opposite party but subsequently failed to file written version and was set exparte on 20.09.2019.  The complainant filed her  proof affidavit and marked documents Ex.A1 to Ex.A7.

3.         The points for consideration is:-

Whether the deficiency in service on the part of the opposite party was proved by the complainant and if so, to what relief he is entitled?

4.         On point:-

The complainant has filed her written arguments.  Heard the Counsel for complainant.   The contention of the complainant is that she booked a Villa with the opposite party namely; Aalayam at Chennai and the opposite party has allotted Villa No.07 to the complainant.  Ex.A1 & Ex.A2 are the Promoters Agreement and Construction Agreement respectively.  The complainant paid a total sum of Rs.31,77,952/- on various dates from 23.12.2013 to 22.09.2015.   Since, the said Villa was sold to a third party for a higher price, the opposite party promised to allot another Villa but failed to handover the possession of the said Villa in the prescribed time.  Hence, they agreed to terminate the contract.  Ex. A4 is the copy of cancellation letter.  The complainant submits that it was mutually agreed by the letter dt.11.01.2016 that the opposite party would pay Rs.20,00,000/- by way of 2 cheques vide Cheque No.01120563 dt.31.01.2016 and Cheque No.01120564 dt.15.02.2016 drawn on Tamil Nadu Mercantile Bank Ltd., Porur Branch, Chennai as part payment and the balance amount would be invested in the suitable future projects of the opposite party.   To the shock of the complainant, both the cheques were returned unpaid with an endorsement ‘Insufficient funds’.  Ex.A5 is the copies of dishonoured cheques.   The act of the opposite party caused great mental agony and sufferings to the complainant.  Hence, the complainant issued legal notice on 22.06.2016 to the opposite party which is marked as Ex.A6.   The opposite party received the notice but did not sent any reply.

5.         The opposite party has not filed written version before this Commission to disprove their contentions raised in the complaint.   Further, the Villa booked by the complainant was sold to a third party for a higher price but failed to handover the possession of the said Villa in the prescribed time as promised.    Once the contract was terminated, the opposite party is legally liable to refund the amount collected from the complainant.   But the opposite party failed to do so.  Though the opposite party had issued 2 cheques towards the repayment of portion of the advance amount, the said cheques were returned for insufficient funds.    Thereafter, the opposite party has not taken any effort to repay the advance amount.   Hence, we hold that the opposite party had committed clear deficiency in service and unfair trade practice and we answer the point in favour of the complainant.

 

6.         As we have come to the conclusion that the opposite party has committed deficiency in service and unfair trade practice the complainant should be compensated in terms of money.   Thus complainant is entitled for refund of the sum of Rs.31,77,952/- with interest at the rate of 9% p.a. from the date of complaint till realization.    Cost of Rs.10,000/- is awarded to the complainant.   

In the result, this complaint is allowed in part by directing the opposite party to refund the amount of Rs.31,77,952/- (Rupees Thirty one lakh seventy seven thousand nine hundred and fifty two only) along with the interest at the rate of 9% p.a. from the date of complaint i.e. on 23.11.2016 to till the date of realisation and cost of Rs.10,000/- to be paid towards litigation cost to the complainant.

 

R VENKATESAPERUMAL                                                                         R.SUBBIAH                        

             MEMBER                                                                                         PRESIDENT

 

List of documents filed by the complainant:-  

Ex.A1	04.04.2014	Copy of Promoters Agreement
Ex.A2	04.04.2014	Copy of Construction Agreement
Ex.A3	04.04.2014	Copy of Sale Agreement
Ex.A4	11.01.2016	Copy of Cancellation and clean copy
Ex.A5	12.04.2016	Copies of bounced cheques
Ex.A6	11.06.2016	Copy of legal notice issued by the complainant
Ex.A7	22.06.2016	Copy of acknowledgment of the opposite party

 

 

R VENKATESAPERUMAL                                                                         R.SUBBIAH                        

             MEMBER                                                                                         PRESIDENT

 

KIR/TNSCDRC, Chennai/Orders/June 2023.