BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Wednesday the 25th day of February , 2009
C.C.No. 99/08
Between:
S. Mohana Krishna, S/o. Jayamma, W/o. Mohan Minor by next friend Mother Guardian,
R/o. 50/67, Arora Nagar, Kurnool. … Complainant
Versus
Maruthi Hills, Agraseni Housing and Developers Private Limited, Represented by its Managing Director,
Plot No.108, Gayathri Estate, Kurnool-518 002. … Opposite party
This complaint is coming on this day for orders in the presence of Sri.K.Rama Krishna Rao, Advocate, for the complainant, and Sri.B.Naga Lakshmi Reddy , Advocate, for the opposite party and
upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.99/08
1. This consumer complaint of the complainant is filed U/S 13 of C.P.Act, 1986, seeking direction on opposite parties to execute conveyance title to the complainant over plot No.297/A laid in Sy.No.162,163,164,165A ,165B, 166, 168 , Rs.20,000/- as compensation for mental agony , Rs.5,000/- as cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainants case is that the opposite party floated house plot scheme within the limits of B.Thandrapadu Gram Panchayat and the complainant became a member of the said scheme . As per the scheme, a member has to remit Rs.500/- per month for 60 months and there is no default clause and the members are permitted to pay installments at any time. Subsequently, the complainant joined the scheme as member on 12-12-2003 and No.1574 was sanctioned to the complainant and the complainant paid a lump sum of Rs.5,000/- on the date of joining towards installment No..51 to 66 and remitted the remaining installments of Rs.500 in cash every month and the same was endorsed in the pass book . The selected plot of the complainant was also noted in the said pass book and the pass book was handed over to the complainant , thereafter the complainant remitted 25 installments and the last payment was endorsed on 16-06-2006 . Thereafter the opposite party is evading to receive the remaining installments amount to execute a conveyance conveying a title in favour of the complainant and hence the complainant resorted to the forum for reliefs.
3. In support of his case the complainant’s side relied on the following documents viz., (1) pass book for plot No.297 A of membership No.5789 , (2) a bunch of 35 receipts and (3) certified copy of layout plan, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex.A1 to A3 for its appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite party appeared through their standing counsel and contested the case by filling written versions.
5. The written version of opposite parties admits the complainant joined as a member and allotted membership No.1574 towards house plot scheme and opposite party collected Rs.5,000/- on the date of joining. It further submits that the complainant failed to pay the remaining installments regularly and the last installment endorsement dated 16-06-2006 was the 25th installment and the complainant did not pay the remaining installments . As per the terms and conditions printed on the back side of the application form it is for the complainant to pay registration charges and to get the plot registered . As the complainant was a regular defaulter in payment of monthly installments his membership was canceled without prior intimation and hence it is only contract between the parties and this forum has no jurisdiction to entertain the complaint and lastly seeks for the dismissal of complaint with cost.
6. In support of his case the opposite party relied on the following document viz., (1) application form submitted by complainant to opposite party , besides to the sworn affidavit of the opposite party in reiteration of his written version averments and the above document is marked as Ex.B1 for its appreciation in this case and replies to the interrogatories exchanged.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite party ?.
8. It is the case of the complainant that he joined as member in the house plot scheme on 12-12-2003 run by opposite parties within the limits of B.Thandrapadu Gram Panchyath and membership No.1574 was sanctioned to the complainant. As per the said scheme every member has to pay Rs.500/- per month for 60 months. The complainant paid in all paid 35 installments as per Ex.A2. The Ex.A2 is the bunch of 35 receipts issued by opposite parties as to the payments of installments of Rs.500/- , by the complainant to opposite parties. On receipt of said installment of Rs.500/-, the opposite party endorsed the same in the pass book issued to the complainant . The said pass book is Ex.A1. On perusal of Ex.A1, it appears that the complainant was member of opposite party house plot scheme bearing membership No.1574 and plot No.297 A was allotted to the complainant and the complainant paid in all 35 installments . The Ex.A3 is the certified copy of layout plan as to the house plot scheme of opposite party.
9. The complainant alleges that after payment of 35 installment the opposite party is evading to receive the remaining installments and to register the plot in his favour. While such is so with the complainant , the opposite party on the other side in his written version averments submits that , the complainant joined the said scheme run by opposite party by submitting an application form .Ex.B1 is the said application form and further submits that on reverse of said application form there are certain condition laid down for the scheme . As per condition No. 8 of the scheme if any member fails to remit the installments continuously for three months, the membership will be cancelled without prior notice. The opposite party except taking this plea did not place any relevant cogent material on record to show that the membership of the complainant has been removed or cancelled from the said house plot scheme . In the absence of any such material it cannot be said that the complainant has been removed from the said scheme . Hence the plea taken by opposite party remained as plea for plea sake without any substantiation .
10. To sum up, the above discussion, the complainant in all paid 35 installments to opposite party and the opposite party though received the 35 installment amount evaded to receive the balance installments and to register the plot in favour of the complainant to which the complainant is certainly remaining entitled. Thus , the said lapsive conduct of opposite party ,not only caused mental agony to the complainant but also constrained to seek redressal in this forum.
11. In the result, the complaint is allowed directing the complainant to pay to the opposite party the residuary balance of 25 installments of Rs.500/- each with 12% interest p.a within one month from the date of receipt of this order. On that the opposite party to register the plot No. 297(A) infavour of the complainant in addition to payment of Rs.2,000/- as costs to the complainant . In default the opposite party shall refund the amount received under 35 installment along with compensation of Rs.5,000/- and Rs.2,000/- as costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 25th day of February , 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Pass book for plot No. 297 A (corner) of membership No. 1574.
Ex.A2. A bunch of 35 receipts.
Ex.A3. Certified copy of layout plan.
List of exhibits marked for the opposite parties:
Ex.B1. Application form submitted by complainant to join as member for Maruthi Hills plots.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on
