Sri G. Nageswar Rao filed a consumer case on 01 Nov 2016 against M/s Harika Constructions Represented by its Managing partner in the Rayagada Consumer Court. The case no is CC/15/123 and the judgment uploaded on 28 Nov 2016.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
C.C. Case No.123/ 2015
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Sri Gadadhara Sahu,B.Sc., Member.
Sri G.Nageswar Rao,S/o late G.Someswar Rao, aged about 58 years, Resident of J.K.Pur, P.S.Chandili, Dist. Rayagada. …….Complainant
Counsel for the parties:
For the complainant: Self
For the O.Ps: Exparte
JUDGMENT
The facts of the complaint in brief is that the complainant has booked a flat and executed the sale deed with the OP 2 for 600 Sq.yards from Plot No.107 and 108 in Patta No.37 within the limit of Greater Visakhapatnam Municipal Corporation, Gopalpatnam SRO Limits and paid a sum of R.3,17,000/- towards its cost vide document No.6658 dt.26.12.2011 and also paid the deficit stamp duty, transfer duty, Registration fee and user charges of Rs.23,780/- through SBI, Gopalpatnam branch dt.26.12.2011. The OP 1 also entered into a separate agreement on the same date wherein it is agreed by him that within 18 months from the date of 26.12.2011 he will complete the construction and hand over the said flat to the complainant and consideration amount was paid to him accordingly by cash and the OP 1 issued a receipt towards receipt of cash of Rs.10,00,000/- vide receipt No.34 dt.24.12.2011 and subsequently received the amount of Rs.11,28,000/- through the IOB, Rayagada. As per the agreement the Ops have to deliver the completed flat to the complainant by the end of June,2013 but the finishing work was not yet completed .The complainant asked the OP 1 to complete the work and to deliver the possession in order to avoid the house rent and also the bank interest towards the loan availed against the said property. They are avoiding to complete the construction’s with some reason or other and avoiding to meet the complainant. Hence prayed to direct the Ops to deliver the possession of the said flat as per the agreement and for delay suitable compensation be awarded with cost of litigation and other reliefs. Hence, this complaint. ence, H
Being noticed, the Opp.Parties did not turned up to file written version as such the Opp.Parties were set exparte and in absence of any written version from the opposite party we proceeded the matter exparte and believed the contentions as alleged by the complainant against the and hence, we passed the order and disposed of the matter with the following directions.
ORDER
The Opposite Party 1 & 2 are directed to deliver the possession of the flat within sixty days and for causing mental agony and financial loss the Ops are directed to pay Rs.5,000/- towards compensation and cost of litigation of Rs.1500/- to the complainant, failing which the O.Ps are liable to pay Rs.5,000/- per month towards his bank interest and house rent till the date of delivery of possession.
Pronounced in open forum today on this 25th day of November,2016 under the seal and signature of this forum.
A copy of this order as per the statutory requirements , be forwarded to the parties free of charge.
Member President
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