Orissa

Rayagada

CC/15/123

Sri G. Nageswar Rao - Complainant(s)

Versus

M/s Harika Constructions Represented by its Managing partner - Opp.Party(s)

Self

01 Nov 2016

ORDER

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

  1. M/s Harika Constructions represented by its Managing Partner, G.V.V.Paraasad Raju,50-54-1/1 Gouri Sadan Noarth Extention Seethamdhara, Visakhapatnam, Now D.Clock, Flat No.202,KSR Complex, Opp.Ratu Bazar, Suthammadhara.
  2. Smt.Ghinthalapati Satyavathi Devi, W/o Ch.Srinivasavarma, House No. HIG 479,Sujatha Nagar,Chinamushidivada,Visakhapatnam,530051..                                                                                                                                                                                                                                                                                                                  …….…..Opp.Parties

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

 

 

 

 

 

 

 

 

 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.