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. 98/08

Between: 

T. Lavanya , D/o. T.Ramudu,

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.98/08

 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.317/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 10-12-2003 and No.1587 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 60 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 all 60 installments regularly and the last payment was endorsed on 28-07-2006 by receiving Rs.11,000/- . Thereafter the opposite party is evading to execute 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.317 A (corner) of membership No.5789 , (2) a bunch of 40 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 version.

 5. The written version of opposite parties admits the complainant joined as a member and allotted membership No.1587 towards house plot scheme and opposite party collected Rs.5,000/- on the date of joining . It also submits the complainant failed to pay the remaining installments regularly and the last installment endorsement dated 28-07-2006 by paying Rs.11,000/- was not received by this opposite party and who endorsed the said payment is not known to them. 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 10-12-2003 run by opposite parties within the limits of B.Thandrapadu Gram Panchyath and membership No.1587 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 all the installments as per Ex.A2. The Ex.A2 is the bunch of 40 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 receipt 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.1587 and plot No.317 A ( corner) was allotted to the complainant and the complainant paid all the 60 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 even after payment of entire amount by him the opposite party did not 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’s membership has been removed from the said scheme . Hence the plea taken by opposite party remained as plea for plea sake without any substantiation .

 10. The other plea of the opposite party is that the last installment of Rs.11,000/- paid by the complainant on 28-07-2006 was not received by them. But the complainant in Ex.A2 receipts filed a receipt dated 28-07-2006 as to the payment of Rs.11,000/- to opposite parties. The opposite party disputes the said receipt as the said receipt is of Maruthi Mega Hills and where as the opposite party scheme is Maruthi Hills. But on perusal of all the receipt in Ex.A2 one thing is clear that the address and developers of the scheme are one and the same and even the telephone number is also the same and further the opposite party did not place any material to show that the complainant is the member of the Maruthi Mega Hills . Hence, from the above what appears is that the opposite party received the last installments amount of Rs.11,000/- but issued receipt of Maruthi Mega Hills.

 11. To sum up, the above discussion, the complainant paid all the 60 installments to opposite party and the opposite party though received the entire installment amount did not 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, hence, the opposite party is liable to compensate by paying Rs.5,000/- towards suffered mental agony and Rs.2,000/- as costs of the case.

 12. In the result, the complaint is allowed directing the opposite party to register the plot No.317(A) (corner) in favour of the complainant and to pay Rs.5,000/- as compensation and Rs.2,000/- as cost of the case within one month from the date of receipt of this order. In default the opposite  party shall refund to the complainant the amount received under the 60 installment with 12% interest p.a and Rs.2,000/- as costs of the case .

                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. 317 A (corner) of membership No. 1587.

Ex.A2.   A bunch of 40 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/-

// 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