Andhra Pradesh

Visakhapatnam-II

CC/226/2012

Bandala Sudhakar - Complainant(s)

Versus

M/s Janachaithanya Housing Private Limited - Opp.Party(s)

Ch. Papa Rao

26 Mar 2015

ORDER

                                              Date of Registration of the Complaint:26-07-2012

                                                                                                Date of Order:26-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President   

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                              Thursday, the 26^th day of March, 2015.

                                  CONSUMER CASE No.226/2012

Between:-

Bandala Sudhakar, S/o David, aged 50 years,

Residing at D. No. 63-03-27, Javahar Nagar,

Sriharipuram, Malkapuram Post,

Visakhapatnam-11.

….. Complainant

And:-

M/s. Janachaithanya Housing Pvt. Ltd.,

Rep. by its Chairman cumManaging Director,

Madala Sudhakar, S/o Late Bhaskar Rao,

Hindu, aged 50 years, Regional Office,

D. No. 47-3-13/b, 2^nd floor, Situated at 4^th lane,

Dwaraka Nagar, Visakhapatnam-16.

                                                                                         …  Opposite Party

                           

          This case coming on 20.03.2015 for final hearing before us in the presence of Sri Ch. Papa Rao, Advocate for the Complainant and Sri Ch. R. Vasantha Kumar, Advocate of the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

 

                                                ORDER

          (As per Sri C. V. Rao, Honourable Male Member, on behalf of the Bench)

 

1.       The Complainant asks the Forum to pass an order in his favour and against the Opposite Party as follows: a) To direct the Opposite Party to refund an amount of Rs.27,600/- along with the accrued interest thereon @ 24% per annum from the respective date of payments to actual realization; b) To direct the Opposite Party to pay an amount of Rs.1,00,000/- towards compensation for causing mental agony and financial hardship: d) To direct the Opposite Party to pay an amount of Rs.25,000/- towards cost to these legal proceeding and d) To deem fit and proper and circumstances of the case, this Forum may be pleased to pass an appropriate order in favour of the Complainant in the interest of justice.

 

2.       The Opposite Party strongly resisted the claim of the Complainant and asked the Forum to dismiss the complaint with exemplary costs.

           

3.       The case of the Complainant, as can be seen from the Complaint, is that the Opposite Party has proposed and launches Group Sai Aditya Phase-II at Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District  for the proposed approximate land extend of in Survey No.192 to 194 & 196 to 198.   Bounded by with the boundaries 200 Sq. yards of vacant site, rate per Sq. yard is Rs.325/- and total plot cost is Rs.75,000/- the sale consideration shall payable on easy monthly installments and offered so many discounts.   The Complainant stated that he and his family members believed the version of the Opposite Party and joined as the member subscriber in Group Sai Aditya Phase-II at Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District.  And he had paid the entire total sale consideration of Rs.27,600/- paid from the date 29.07.2002 to 19.09.2003 regularly.   The Complainant stated that after completion of Rs.27,600/- payment sale consideration the Complainant  many times along with the officials and agents of the Opposite Party to see the layout by name Sai Aditya Phase-II at Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District and found that the said layout is not developed as per the norms of the VUDA.    The infrastructure facilities like BT roads, open drains, parks, drinking water facilities like water tanks, bore wells, underground water pipe lines, electrical poles and substation are not provided as per the norms of VUDA.    Even from 29.07.2002 to 19.09.2003 to till date the Opposite Party totally failed to develop the layout and even today the Opposite Party did not obtain the final LP from VUDA.   Thus without development of the layout by name Sai Aditya, Phase-II venture the Opposite Party is not entitled to receive the sale consideration from the Complainant.   Only with the malafide intention to collect the total sale consideration from the Complainant is amounts to unfair trade practice and deficiency of service to the Complainant.  After the verification of the layout immediately the Complainant and his family members questioned about the non-development of the layout.   The Complainant and his family members frequently used to visit the regional office about the development of the layout and demanded to show the final LP.   The top officials of the Opposite Party requested to wait some time to get LP and they promised the Complainant that as soon as they get final permission from VUDA the registration charges will be collected.    The Complainant recently came to know that the VUDA issued a circular to all the concerned Sub-Registrars of Gopalapatnam, Kottavalasa, S-Kota to not register the layout plots without final granting LP.   The Complainant stated that the Complainant have paid from 29.07.2002 to 19.09.2003 regularly an amount of Rs.27,600/- sale consideration for allotting house plot measuring 200 Sq. yards with a view to construct a residential house for the benefit to the family members.    But the Opposite Party totally failed to develop the said layout, as per the norms of the VUDA and ultimately the Complainant lost good faith on the Opposite Party,  and requested to refund his sale consideration with interest at the rate of 24% per annum, but the Opposite Party dragged matter and postponed to refund  sale consideration to the Complainant with malafide intention and refused to refund the said amount and kept it with their control and enjoying the fruits on such amount which amounts to unfair trade practice and deficiency of service to the Complainant and ultimately  there is no option to the Complainant to file this case against the Opposite Party to refund his amount with accrued interest at the rate of 24% per annum from the Opposite Party.   Hence, this complaint.

 

4.       The Complainant filed an evidence affidavit besides written arguments to support his claim.      Exs.A1 to A9 are marked for the Complainant.

 

5.       On the other hand, the Opposite Party resisted the claim of the Complainant by contending, as can be seen from its written version, that the process of development and the method and procedure for obtaining the approval were clearly explained to the Complainant at the time of admission.    The general procedure involves mobilization of lands, entering into  agreements with respective land owners, conversion of land use, application for Block Layout Plan, development of the layout in accordance with the plan and release of layout plan etc.    The Opposite Party stated that there is no deficiency in service as alleged by the Complainant in rendering service to the Complainant and the Complainant is a defaulter and as such the Complainant is not entitled to claim any reliefs against the Opposite Party and the Complainant is liable to compensate the Opposite Party for filing the frivolous and vexatious complaint.

 

6.       The Opposite Party filed an affidavit and also written arguments to buttress its contention.   However, no documents are marked for the Opposite Party.

 

7.       The matter has been heard on behalf of the Complainant as well as the Opposite Party.

         

8.       After careful perusal of the case record, this Forum finds that as per Ex.A9 Pass Book No.1318 from 29.07.2002 to 19.07.2003 the Complainant paid Rs.22,500/- (Rupees Twenty thousand and five hundred only).   Ex.A7 Receipt for payment of Rs.5,000/- (Rupees Five thousand only) by cheque is not entered in the Ex.A9 pass book.   So, the payment made by the Complainant can be considered as Rs.22,500/- only).   At the same time, the Opposite Party tacitly admits that it did not obtain the necessary LP from the VUDA to date.    As such, the Complainant is right to discontinue payment of further installments after 19.07.2003.   As the Opposite Party failed to obtain LP so far, the Complainant is correct in claiming that there is outright deficiency of service cum unfair trade practice on the part of the Opposite Party.    In the circumstances, the Opposite Party is liable to refund the part sale consideration of Rs.22,500/- back to the Complainant herein with interest from the date of payment of the 6^th installments i.e., from 19.07.2003.   As the outright deficiency of service cum unfair trade practice on the part of the Opposite Party should have caused much physical and financial hardship besides mental agony to the Complainant, he is entitled to suitable compensation.    As the Complainant is forced to file this complaint because of the deficiency in service cum unfair trade practice on the part of the Opposite Party, he is entitled to compensation and costs too.

 

 

9.       In the result, this Forum directs the Opposite Party: a) to refund Rs.22,500/- (Rupees Twenty two thousand and five hundred only) with interest @ 9% p.a. from 19.07.2 003 till the date of actual realization, and to pay b) a compensation of Rs.5,000/- (Rupees Five thousand only)  and c) Costs of Rs.3,000/- (Rupees Three thousand only) to the Complainant.    Time for compliance, one month.

 

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 26^th day of March, 2015.

      Sd/-                                    Sd/-                                       Sd/-

President                          Lady Member                           Male Member

 

                             APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	29.07.2002	Receipt No.51528 an amount of Rs.100/- issued by the OP in favour of the Complainant	Original
Ex.A02	27.08.2002	Receipt No.66609 an amount of Rs.7,000/- issued by the OP in favour of the Complainant	Original
EX.A03	13.11.2002	Receipt No.69238 an amount of Rs.1,000/- issued by the OP in favour of the Complainant	Original
Ex.A04	09.01.2003	Receipt No.72427 an amount of Rs.1,000/- issued by the OP in favour of the Complainant	Original
Ex.A05	29.07.2002	Receipt No.51529 an amount of Rs.1,000/- issued by the OP in favour of the Complainant	Original
Ex.A06	16.02.2003	Receipt No.72558 an amount of Rs.7,500/- issued by the OP in favour of the Complainant	Original
Ex.A07	12.07.2003	Receipt No.77320 an amount of Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.A08	19.07.2003	Receipt No.77369 an amount of Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.A09	29.07.2002	Pass Book No.1318 issued by the OP in favour of the Complainant	Original

 

 

For the Opposite Party:-                 

• Nil-

 

      Sd/-                                     Sd/-                                           Sd/-

President                            Lady Member                             Male Member