BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD.
F.A.No.601/2007 against C.D.No.63/2006, District Consumer Forum-II, VISAKHAPATNAM.
Between:
M.V.Dharma Kumar, S/o.late Someswara Rao,
Hindu, aged 33 years, residing at Plot No.8,
Doctor’s colony, Seethammadhara,
Visakhapatnam-13, presently residing at
Plot No.13, S.Martin’s School Road,
Madhusudhan Nagar, Malkajgiri,
Hyderabad-47. ..Appellant/
Complainant
And
1. M/s.Janachaitanya Housing Private Limited,
Rep. by its Managing Director, Maddala Sudhakar
S/o.late Bhaskar Rao, D.No.6-3-653, 6th floor,
Pioneer House, Somajiguda, Hyderabad-82.
2. Branch Manager, M/s.Janachaitanya Housing (P) Ltd.,
2nd floor, D.No.43-9-38, Besides Srikanya Theatre,
Railway New Colony, Visakhapatnam-16. Respondents/
Opp.parties
Counsel for the Appellant: M/s.G.Rama Gopal
Counsel for the Respondents: Mr.K.V.Bhanu Prasad.
QUORUM: SMT.M.SHREESHA, SENIOR MEMBER
AND
SRI G.BHOOPATHI REDDY, MEMBER.
THURSDAY, THE FOURTH DAY OF SEPTEMBER,
TWO THOUSAND EIGHT
Oral Order:(Per Smt.M.Shreesha, Hon’ble Member)
***
Aggrieved by the order in C.D.No.63/2006 on the file of District Forum-II, Visakhapatnam, the complainant preferred this appeal.
The brief facts as set out in the complaint are that the complainant joined as a member in the new venture promoted by opposite parties at Visakhapatnam, viz., “Sai Sakuntala” layout for a house site admeasuring 220 sq. yds. at a cost of Rs.285/- + Rs.20/- per sq. yd. extra. As per the terms of the scheme and understanding, the complainant paid an amount of Rs.16,000/- initially and opposite parties executed an Agreement of SaLe on 24-1-1997 in favour of the complainant agreeing to execute a registered sale deed for the plot bearing No.24 at “Sai Sakuntala” lay out after completion of the scheme period and after receiving the entire sale consideration. The complainant submitted that the opposite parties issued a pass book bearing No.20 in favour of the complainant and the amounts deposited by the complainant were entered in the pass book. As per the pass book entries and receipts issued by opposite parties, the complainant paid a total amount of Rs.62,000/- by 21st September, 2002. The complainant submitted that he has completed the payment of amounts due as per the sale agreement and demanded the opposite parties to execute a register sale deed for the agreed plot bearing No.24 and the opposite parties postponed the same on one pretext or the other. The complainant submitted that at that time he came to know that the said layout was not approved by Vuda authorities and the opposite parties have been postponing the registration of the said plot in favour of the complainant due to non getting of approval and therefore demanded the opposite parties orally and in writing for return of the amount paid by the complainant. The complainant submitted that opposite parties have to deliver the plot duly developed and register the same as soon as entire amount is paid under the scheme and that the complainant is deprived of his hard earned money paid in instalment amounts by 21st September, 2002 i.e. Rs.62,000/- including the charges for plot reservation and since that date, the said amount is with the opposite parties and being utilized for their business improvement and multiplied the same and on the other he is deprive of residential house plot at Visakhapatnam at reasonable cost and now not in a position to purchase an alternative site in view of abnormal escalation of house plots in Visakhapatnam. The complainant submitted that though more than 3 years elapsed from the date of completion of the scheme period, opposite parties have not made any arrangements for registration of the plot nor get the lay out approved by VUDA. Hence the complaint for a direction to the opposite parties to refund Rs.62,000/- paid by him for purchase of a house plot together with interest thereon at 24% p.a. from the respective dates of payment till the date of realization, besides compensation of Rs.10,000/-, damages of Rs.50,000/-, Rs.10,000/- for deficiency in service and Rs.5,000/- towards costs.
Opposite parties though appeared did not contest the matter before the District Forum.
Based on the evidence adduced i.e. Exs.A1 to A4 and the pleadings put forward, allowed the complaint in part directing opposite parties to refund a sum of Rs.62,000/- together with interest at 12% p.a. from the date of filing of the complaint i.e. 06-1-2006 till the date of actual realization together with compensation of Rs.2,000/- and costs of Rs.1,000/-.
Dis-satisfied with the said award, the complainant preferred this appeal.
The learned counsel for the appellant submitted that if a person paid the amount for allotment of a house plot ultimately the opposite parties failed to allot and register a house plot, he should be compensated having regard to the hike of the prices of house plots during the relevant period and the compensation awarded to him should be adequate so as to enable the complainant to purchase a similar house plot with the compensation and interest awarded by the District Forum. He further submitted that the complainant is deprived of a house plot of his own due to deficiency of service on the part of opposite parties and it erred in not awarding interest from 15-9-2002 till the date of complaint and not awarding a reasonable compensation and prayed to allow the appeal.
We have perused the material on record.
The brief point for consideration is whether the complainant is entitled to an enhanced compensation on account of escalation of house plots at Visakhapatnam and also interest from 15-9-2002 which was the last date of payment of instalment?
It is the complainant’s case that he has paid the entire instalment amount as required by 21-9-2002 and since that date the said amount is with the opposite parties and the same was utilized by them for improvement of their business purposes. The District Forum based on the evidence adduced has awarded refund of the amount as prayed for by the complainant with interest at 12% p.a. from the date of complaint. We observe from the record that it is not in dispute that the last instalment was indeed paid on 15-9-2002 and therefore, we are of the considered opinion that the complainant is entitled for interest from the date of payment of last instalment i.e. 15-9-2002.
Since the opposite parties have kept the amounts with them and not registered the plots and utilized the same for their business, we find force in the contention of the complainant that he is entitled to enhanced compensation of account of escalation of the land values at Visakhapatnam. The complainant in his prayer has sought for Rs.50,000/- towards damages but has not specified the exact amount with respect to market value of the plot. Taking into consideration that the opposite parties have promised to register the plot and the complainant has paid the entire amount in the hope of owning a piece of land but ultimately with the amount that has been refunded by the opposite parties will not be sufficient for the complainant to purchase to another house plot for which we are of the considered opinion that he deserves an enhanced compensation of Rs.25,000/-.
In the result the appeal is allowed in part by modifying the order of the District Forum and awarding interest on the amount refunded from 15-9-2002 instead of date of filing of complaint i.e. 6-1-2006 and enhancing the compensation from Rs.2,000/- to Rs.25,000/- while confirming the other aspects of the order of the District Forum and directing the respondents/opposite parties to comply this order within six weeks from the date of receipt of the order.
SENIOR MEMBER. MALE MEMBER.
JM Dated 04-9-2008
