This case coming on 27-06-2014 before this Forum in the presence of Sri C.V.PRASAD, Advocate for the Complainant and Sri C.R.Vasantha Kumar, Advocate for the Opposite Party, having stood over till this day for consideration, the Forum made the following:

O  R  D  E  R

(As per the Honourable President (FAC) on behalf of the Bench)

1. The case of the complainant in brief is that the complainant joined as a member in the Opposite Party venture viz., Sai Vishnu Phase-II on 7-7-2002 by paying Rs.8,000/- towards first installment for obtaining two plots for an extent of 167sq.yds each. The total cost of the plot is 1,33,600/-. The Opposite Party issued two passbooks in favour of the complainant bearing Nos.2523 and 2524 and also allotted plots bearing nos. 830 and 831 respectively. The complainant paid an amount of Rs.96,000/-. All the payments were acknowledged by the OP and issued pass books in favour of the complainant. The complainant subsequently came to know that the OP has not developed the layout and has not taken any steps to obtain layout plan from VUDA. The complainant questioned the same and the OP stated that layout proceedings are pending before the concerned authority. In spite of many requests made by the complainant, the Opposite Party did not register the plot nor refund the amount. Hence, this compliant.

1.  To direct the Opposite Party to pay a sum of Rs.96,000/- with interest @ 24% p.a., from the respective dates of payment till the date of realization;
2. To direct the Opposite Party to pay a sum of Rs.20,000/- towards the compensation for causing mental agony and physical strain to the complainant;
3. To pay costs of this complaint; and
4. To pass such other relief/reliefs as the Forum may be pleased to deem fit and proper in the circumstances of the case.

1. The Opposite Party strongly resisted the claim of the complainant by contending as can be seen from its counter, the Opposite Party denied all the allegations made by the complainant stating that the Opposite Party got the approval layout vide LP No.2/10 dated 7-1-2010. The complainant is a defaulter. So, they have no liability to pay any reliefs asked by the complainant.
2. At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exhibits A1 to A6 are marked for the complainant. No documents were marked for Opposite Party. Treated as heard on behalf of the Complainant. Heard the Opposite Party.

Exhibit A1 is the Pass Book issued by the Opposite Party dated 07-07-2002 and Exhibit A2 is the cash receipt dated 07-07-2002, Exhibit A3 is the Cash receipt dated 18-04-2006, Exhibit A4 is the Pass Book dated 07-07-2002 issued by the Opposite Party, Exhibit A5 is the Cash receipt dated 07-07-2002 issued by the Opposite Party, Exhibit A6 is the cash receipt dated 18-04-2006 issued by the Opposite Party.

1. In the above discussion, Exhibit A1 reveals that complainant paid Rs.48,000/- under Pass Book bearing No.2523 and Exhibit A4 reveals that the complainant paid Rs.48,000/- under Pass Book bearing no. 2524. The receipts were acknowledged by the OP in favour of the Complainant.
2. The point that would arise for determination in the case is:

Whether there is any deficiency of service on the part of     the OP? if so, Whether the Complainant is entitled to the     reliefs asked for?

6. After careful perusal of the case record, this forum finds that the complainant paid Rs.96,000/- for two plots    booked by him in the Opposite Party’s Venture. Though the complainant paid the said amount in the month of 18-04-2006, the Opposite Party did not develop the venture, though the amount was paid in the period 7-7-2002 to 18-04-2006 itself. But the OP get the layout approval dated 7-1-2010 i.e., after lapse of 4 years. So, the complainant rightly stopped the payment as the OP committed breach of contract. It amounts to deficiency of service on the part of the OP. Hence, the complainant is entitled to Rs.96,000/- with interest, some compensation and costs too.

7. In the result, the complaint is allowed, directing the Opposite Party: 1) to refund Rs.96,000/- (Rupees Ninety Six Thousand only) with interest @ 9% p.a., from the date of last payment i.e., 18-04-2006 till the date of actual realization; 2) to pay a compensation of Rs.15,000/-(Rupees Fifteen thousand only); and 3) to pay costs of Rs.2,000/- (Rupees Two Thousand only) to the complainant.

Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 14^th day of July, 2014.

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Male Member                                     President

LIST OF DOCUMENTS

For the Complainant:
 

For the Opposite Party :-    -nil-    
 

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Male Member                                     President