Tamil Nadu

North Chennai

CC/152/2016

Dr.A.Ramalingam - Complainant(s)

Versus

Mars sun Properties managing Partners - Opp.Party(s)

Mr.B.Rajkumar Ashok Singh

26 Dec 2017

ORDER

 

                                                            Complaint presented on: 16.09.2016

                                                                Order pronounced on:  26.12.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

TUESDAY THE 26^th DAY OF DECEMBER 2017

 

C.C.NO.152/2016

 

 

Dr.A.Ramalingam,

Son of Dr.A.S.Aswathaman,

Residing at New No.109, New No.46,

New Avadi Road, Kilpauk,

Chennai – 10.

 

                                                                                    ….. Complainant

 

..Vs..

M/s.Mars Sun Properties,

Represented by Managing Partner,

Mr.S.Vardaraj,

Old No.51-A, New No.6/2,

Gajapathy Street,

Shenoy Nagar, Chennai – 600 030.

.....Opposite Party

Date of complaint                                 : 29.09.2016

Counsel for Complainant                      : Mr.B.Rajkumar Ashok Singh,

                                                                     Ms.C.Mahalakshmi

 

Counsel for Opposite Party                      : M/s.V.Balaji, A.Sermaraj

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite party to hand over ‘F1’ flat in the first floor, to execute the sale for UDS land of 140 sq.ft, to hand over original documents and to pay compensation, rent with litigation expenses u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant and the opposite party entered into a memorandum of agreement (MOU) for joint promotion on 18.11.2013 along with the co-owner of the property Mr.J.D.Kumaravelu to develop the property situated at door No.23, 1^st Street, Arumbakkam, Chennai – 16.  In the said Memorandum of Agreement for joint Promotion the opposite party agreed to allot 1464 sq.ft super built up area including 20% common area in the front side of the 1^st floor, together with undivided share land of 702 sq.ft, out of the total extent measuring 3049 sq.ft.  The complainant  and the opposite party entered into ADDENDUM to the MOU for joint promotion for the purchase of 300 sq.ft constructed area including 20% of common area with UDS of 140 sq.ft for consideration of Rs.26,50,000/-.

          2. The opposite party failed to handover the possession to the complainant even after time lapsed and hence, he issued legal notice dated 31.03.2016 to the opposite party and returned as left. Further, the work was not completed in respect of Car park, common area, Staircase flooring, electrical connection for common area, white wash for wall.  Further the opposite party has to pay rent for Rs.20,000/- per month from 14.02.2015. From the date of sanction of plan 14.02.2014, the project should have been completed on or before 13.02.2015. However, even after lapse of 1 ½ year, the opposite party has not completed and handed over the flat is a negligent act of him. Hence, the complainant filed this complaint to direct the opposite party to hand over ‘F1’ flat in the first floor, to execute the sale of UDS land of 140 sq.ft, to hand over the original documents and to pay compensation, rent with litigation expenses.

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          This opposite party submits that this Forum has got no pecuniary jurisdiction to entertain this complaint. The complainant himself admitted that the additional construction and UDS share of 140 sq.ft value is Rs.26,50,000/-. The dispute is with regard to settlement of accounts is a civil dispute. The MOU dated 06.09.2013 entered between the complainant and the opposite party undertaken to vacate the tenants. However, he had not vacated. This opposite party paid Rs.2,30,000/- to one Mr.Dinesh Padmanabhan/tenant and he had withdrawn the suit in O.S.No.4739/13 on the file of City Civil Court.

          4. This opposite party admits the MOU. T.D.Kumaravell took possession of his flat and performed grahapravesam on 25.08.2015 at 8.00 a.m. The complainant has not extended co-operation to this opposite party and caused hardship to him. The opposite party sold 1365 sq.ft out of 1505 sq.ft  by way of three sale deeds to the complainant towards his share. The deficiency alleged by the complainant in his complaint is not correct. The delay occurred only due to the non-co-operation of the complainant. This opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

 

 

5. POINTS FOR CONSIDERATION:

1. Whether this forum has jurisdiction to entertain this complaint?
2. Whether the opposite party has committed deficiency in service to the complainant?
3. To what relief the complainant is entitled in this complaint?

6. POINT NO:1

          The complainant and the opposite party entered into ExA1 Memorandum of agreement (MOU) dated.18.11.2013 for joint promotion along with the co owner of the property one Mr.T.D.Kumaravell to develop the property at Door No 23, Plot No.16A, Mangali Nagar, 1^st street, Arumbakam Chennai-16. As per ExA1, MOU the opposite party has to alot 1464Sq.ft. super built-up area including 20% common area together with undivided share of 702.sq.ft out of the total extent of 3049sq.ft. Further both of them entered into ExA3 Addendum to the MOU for joint promotion dated 18.11.2014 for purchase of additional constructed area of 300sq.ft including 20% common area with UDS of 140.sq.ft for consideration of Rs.26,50,000/- and accordingly the complainant executed ExA2, general power of attorney in favour of the opposite party.

          7. The complainant alleged  deficiencies against the opposite party are that he had failed to handover the flat in time with key and also he had not completed the works of lift erection, construction of car park, common area and staircase flooring, electrical connection for common area and white wash for common area and compound wall and due to such pending works the complainant suffered with mental agony and hence the complainant issued ExA4 legal notice and that was returned as left and thereafter on 23.07.2016 the opposite party issued ExA5 notice to the complainant with false allegation and that was suitably replied by the complainant under ExA6 and hence the complainant has filed this complaint.

          8. The opposite party would reply that this forum has no jurisdiction to entertain this complaint as the value of the complaint itself is more than 26,50,000/- and apart from that the complainant also claimed a sum of Rs.5,00,000/- compensation mental agony and hence this complaint is liable to be dismissed.

          9. The complainant sought relief in the prayer A to handover the flat bearing flat No.F1, 1^st floor. The value of the flat has to be taken for jurisdiction of the forum and in respect of the additional construction of 300sq.ft and UDS land of 140sq.ft, the value fixed at Rs.26,50,000/- in ExA3 itself. Further in the prayer D the complainant sought Rs.5,00,000/- as compensation. This forum as got jurisdiction to entertain the complaint only up to the value of Rs.20,00,000/-. However the value mentioned in the ExA3 and the compensation claimed in the complaint exceeds the pecuniary jurisdiction of this forum. The opposite party counsel relied on the orders of the National Commission held in 2016(4) CPR 56 (NC) (Dharmendra Kumar Vs M/s.Nitishree Infrastructure Pvt Ltd., & others) and in 2016 (4) CPR 83 (NC) (Ambrish Kumar Shukla & others Vs Ferrous Infrastructure Pvt Ltd) that this forum has no jurisdiction.

10. The National Commission categorically held that for the purpose of valuation, value of goods or services plus compensation demanded has to be taken into consideration which determines pecuniary jurisdiction of consumer forum. In the case in hand also the valuation of the complaint exceeds more than Rs.20,00,000/- which this forum has no jurisdiction to entertain this complaint and accordingly this point is answered.

 

 

11. POINT NO: II & III

As we have held in point No.1 that this forum as no Jurisdiction to entertain this complaint and hence no purpose could be served in deciding the merits of the case and it will be only a futile excise to discuss the merit of the case and therefore we decided not to discuss the merit of the case and in the result, the complaint is liable to dismissed.

In the result the complaint is dismissed. No costs.  

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 26^th day of December 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 18.11.2013                   Memorandum of Agreement for joint Promotion

                                                      between the complainant and with opposite party

 

Ex.A2 dated 18.11.2013                   General Power of Attorney executed by

                                                    complainant to infavour of opposite party

 

Ex.A3 dated 09.06.2014                   Addendum to Memorandum of Agreement dated

                                                    18.11.2013

 

Ex.A4 dated 31.03.2016                   Legal Notice sent by complainant to opposite party

 

Ex.A5 dated 23.07.2016                   Legal from the opposite party to the complainant

 

Ex.A6 dated 03.08.2016                   Reply notice to the opposite party’s Advocate as

                                                    well as opposite party along with ack card

 

Ex.A7 dated NIL                     Return postal cover with an endorsement left

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 18.11.2013                   Joint Venture Agreement

 

Ex.B2 dated 06.09.2013                   Memorandum of Understanding

 

Ex.B3 dated 10.01.2014                   Order in I.A.No.12469 of 2013 in O.S.No.4739 of

                                                    2013

 

Ex.B4 dated 07.02.2015                   Assessment Order

 

Ex.B5 dated NIL                     Valuation Report

 

Ex.B6 dated 23.07.2016                   Legal Notice

 

 

 

 

MEMBER – I                                                               PRESIDENT