Tamil Nadu

South Chennai

CC/276/2018

M Dharmalingam - Complainant(s)

Versus

M/s Manju Foundation - Opp.Party(s)

D Meenakshisundaram

17 May 2019

ORDER

                                                                        Date of Filing  : 08.06.2018

                                                                          Date of Order : 17.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.276/2018

DATED THIS FRIDAY THE 17^TH DAY OF MAY 2019

                                 

M. Dharmalingam,

S/o. Mr. C. Madurai,

No.3/28, Lakshmi Colony,

Gnanamoorthy Nagar Extension,

Ambattur,

Chennai – 600 053.                                                         .. Complainant.                                            

               ..Versus..

M/s. Manju Foundations (P) Ltd.,

Rep. by its Authorized Signatory

Mr. R. Ganesan,

S/o. Mr. M. Ramaswamy,

Having Registered Office at:-

No.8, Saptheswara Apartment,

1^st Avenue, Ashok Nagar,

Chennai – 600 083.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. D. Meenakshisundaram &

                                                   another

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to return the Original Sale Deed dated:22.07.2016, to refund a sum of Rs.7,70,000/- along with accrued interest at the rate of 18% per annum and to pay a sum of Rs.5,00,000/- towards compensation for mental stress, anxiety and physical sufferings with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has purchased a housing plot No.41 admeasuring 660 sq. ft. comprised in Survey No.59 in the layout formerly named as Srikrishna Nagar now called as ‘Swarnadhara Grand City’ Phase I, Melakondaiyur Village situated at Thiruvallur Taluk and District from M/s. Aysha Real Estate Private Limited represented by its Director Mr. S. Seyed Altas, S/o. Mr. Saltan Mohideen under a Sale Deed dated:22.07.2016 registered as document No.7742/2016 at the office of the Sub-Registrar, Thiruvallur.  The complainant submits that he approached the opposite party M/s. Manju Foundations (P) Ltd. to construct an independent house with super built-up area of 510 sq. ft. on the ground floor.  Accordingly, the complainant and the opposite party entered into a Construction Agreement dated:22.07.2016 and was registered as document No.7741/2016 for a total sum of Rs.11,43,600/-.  Accordingly, the complainant has to pay a sum of Rs.11,43,600/- towards construction in stage wise.  The complainant paid a sum of Rs.11,00,000/- by way of cheques bearing Nos. 885652 dated:20.06.2016, No.885656 dated:13.07.2016, No.885657 13.09.2016, No.474632 dated:19.07.2016 drawn on Syndicate Bank for which, the opposite party issued receipts.  The balance amount to be paid by the complainant is only Rs.43,600/-.   But evenafter receiving the huge amount, the opposite party has not started construction work without any reason.  As per the Construction Agreement, the opposite party shall complete the construction work within 12 months and hand over possession.  The opposite party also delayed and denied the construction and has not returned the amount also.  Hence, the complainant issued legal notice dated:08.01.2018 for which, the opposite party has not sent any reply.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not appeared before this Forum and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A12 are marked.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.7,70,000/- with accrued interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony as prayed for?
3. Whether the complainant is entitled to get the return of the original Sale Deed dated:22.07.2016 with cost as prayed for?

 

6.      On point:-

The opposite party remained exparte.  The complainant filed his written argument.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he has purchased a housing plot No.41 admeasuring 660 sq.  ft. comprised Survey No.59 in the layout formerly named as Srikrishna Nagar now called as ‘Swarnadhara Grand City’ Phase I situated at Thiruvallur Taluk and District from M/s. Aysha Real Estate Private Limited represented by its Director Mr. S. Seyed Altas, S/o. Mr. Saltan Mohideen under a Sale Deed dated:22.07.2016 registered as document No.7742/2016 at the office of the Sub-Registrar, Thiruvallur. Ex.A5 is the copy of Sale Deed.  Further the contention of the complainant is that he approached the opposite party M/s. Manju Foundations (P) Ltd. to construct an independent house with super built-up area of 510 sq. ft. on the ground floor.  Accordingly, the complainant and the opposite party entered into a Construction Agreement dated:22.07.2016 as per Ex.A6 and was registered as document No.7741/2016 for a total sum of Rs.11,43,600/- as per Ex.A6.  Accordingly, the complainant has to pay a sum of Rs.11,43,600/- towards construction in stage wise.  The complainant paid a sum of Rs.11,00,000/- by way of cheques bearing Nos. 885652 dated:20.06.2016, No.885656 dated:13.07.2016, No.885657 13.09.2016, No.474632 dated:19.07.2016 drawn on Syndicate Bank for which, the opposite party issued receipts as per Ex.A1 to Ex.A4.  The balance amount to be paid by the complainant is only Rs.43,600/-.   But evenafter receiving the huge amount, the opposite party has not started construction work without any reason.  As per the Construction Agreement, the opposite party shall complete the construction work within 12 months and hand over possession.  The opposite party also delayed and denied the construction and has not returned the amount also.  Hence, the complainant was constrained to issue legal notice dated:08.01.2018 as per Ex.A9 for which, the opposite party has not sent any reply.  Hence, the complainant was constrained to file this case.  The opposite party remained exparte.  On a careful perusal of records Ex.A1 to Ex.A6, it is proved that the opposite party has entered into a Construction Agreement and received huge amount of Rs.11,00,000/- and there is no iota of evidence to prove that the opposite party complied the construction agreement proves the deficiency in service and unfair trade practice.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall return the Original Sale Deed dated:22.07.2016 in favour of the complainant and refund a sum of Rs.7,70,000/- with interest at the rate of 9% p.a. from the date of ocmplaint to till the date of this order and a compensation of Rs.50,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to return the original Sale Deed dated:22.07.2016 in favour of the complainant and to refund a sum of Rs.7,70,000/- (Rupees Seven lakhs seventy thousand only) along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 08.06.2018 till the date of this order (i.e.)  17.05.2019 and to pay a sum of Rs.50,000/- (Rupees Fifty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 17^th day of May 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	20.06.2016	Copy of receipt for the cheque bearing No.885652 drawn in favour of Syndicate Bank dated:21.06.2016
Ex.A2	13.07.2016	Copy of receipt for the cheque bearing No.885656 drawn in favour of Syndicate Bank dated:15.07.2016
Ex.A3	13.09.2016	Copy of receipt for the cheque bearing No.885657 drawn in favour of Syndicate Bank dated:17.07.2016
Ex.A4	19.07.2016	Copy of receipt for the cheque bearing No.474632 drawn in favour of Syndicate Bank dated:21.07.2016
Ex.A5	22.07.2016	Copy of Sale Deed
Ex.A6	22.07.2016	Copy of Registered Construction agreement
Ex.A7		Copy of Building plan
Ex.A8		Copy of the account statement by the Syndicate Bank
Ex.A19	08.01.2018	Copy of the legal notice issued by the complainant by the opposite party
Ex.A10	12.01.2018 & 13.01.2018	Copy of the acknowledgement card for the receipt of the above legal notice by the opposite party
Ex.A11	12.06.2015	Copy of Service Certificate
Ex.A12	30.06.2015	Copy of Statement of settlement benefits

 

 

 

MEMBER                                                                  PRESIDENT