Tamil Nadu

South Chennai

CC/448/2017

V.Jaya D/o Varadaramanujam - Complainant(s)

Versus

M/s Manju Foundations (p) Ltd - Opp.Party(s)

M/s V.Balaji

02 Apr 2019

ORDER

                                                                        Date of Filing  : 15.12.2017

                                                                          Date of Order : 02.04.2019

                                                                                  

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.448/2017

DATED THIS MONDAY THE 02^ND DAY OF APRIL 2019

                                 

V. Jaya,

D/o. Mr. D. Varadaramanujam,

Plot No.72, Park Street,

Janakipuri,

Kolappakkam,

Chennai – 600 127.                                                      .. Complainant.                                                   

 

                                                                                             ..Versus..

 

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

Rep. by its Managing Director,

No.36, Sudhama Commercial Building,

3^rd Floor, Vijaya Raghava Road,

T. Nagar,

Chennai – 600 017.                                                 ..  Opposite party.

          

Counsel for the complainant   :  M/s. V. Balaji & another

Opposite party                         :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.6,00,000/- with 18% interest p.a. to the complainant from 17.04.2016 onwards and to pay a sum of Rs.3,50,000/- towards compensation for mental agony and deficiency in service with cost of Rs.50,000/-.

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

The complainant submits that on 17.04.2015, she paid a sum of Rs.1,00,000/- to the opposite party and booked an apartment.  The opposite party has duly issued the receipt No.25438 on 17.04.2016.  Thereafter, on 20.04.2016, the complainant issued a cheque for a sum of Rs.5,00,000/-.   The opposite party has duly issued No.25598 on 20.04.2016.  The said amounts were duly paid through the cheques and are reflected in the pass book.  Since the opposite party has not progressed the construction as per the Construction Agreement, the complainant was constrained to issue cancellation letter dated:30.05.2016 and requested the opposite party to refund the entire amount.  The opposite party wantonly and deliberately refused to pay the entire amount under the guise of cancellation charges.  The complainant states that she entitled to get refund of the advance amount of Rs.6,00,000/- paid to the opposite party.  The complainant states that even after repeated requests and demands, the opposite party has failed and neglected to refund the advance amount paid which amounts to deficiency in service and unfair trade practice resulting mental agony.  Finally, the complainant sent final notice dated:22.01.2017 which was duly received by the opposite party.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     The opposite party after entering appearance has not come forward to file their written version 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 her evidence, and also documents Ex.A1 to  Ex.A5  are marked.     

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.6,00,000/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.3,50,000/- towards compensation for mental agony with cost of Rs.50,000/- as prayed for?

6.      On point:-

The opposite party after entering appearance has not come forward to file neither written version nor proof affidavit with documents and the opposite party was set exparte on 18.06.2018.  Heard the complainant’s Counsel.  Perused the records namely the complaint, proof affidavit and documents of complainant.   The complainant pleaded and contended that on 17.04.2016, she paid a sum of Rs.1,00,000/- to the opposite party and booked an apartment.  Due receipt Ex.A1 also issued by the opposite party.  Thereafter, on 20.04.2016, the complainant issued a cheque for a sum of Rs.5,00,000/-.  Ex.A2 is the copy of receipt.  The said amounts were duly paid through the cheques and are reflected in the pass book as per Ex.A3.  Since the opposite party has not progressed the construction as per the Construction Agreement, the complainant was constrained to issue cancellation letter dated:30.05.2016 as per Ex.A4 and requested the opposite party to refund the entire amount.  The opposite party wantonly and deliberately refused to pay the entire amount under the guise of cancellation charges.  The law is well settled that ‘if any amount of condition imposed towards cancellation charges amounts to putting a heavy load upon the agreement holders’.  Hence, the complainant is entitled to get refund of the advance amount of Rs.6,00,000/- paid to the opposite party.  Further the contention of the complainant is that even after repeated requests and demands, the opposite party has failed and neglected to refund the advance amount paid which amounts to deficiency in service and unfair trade practice resulting mental agony.  The complainant is claiming a compensation of Rs.3,50,000/- towards mental agony and deficiency in service with cost of Rs.50,000/-.  But the said anguish has not been proved by substantial evidence. Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.6,00,000/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with a compensation Rs.40,000/- towards mental agony and cost Rs.10,000/-.

  In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.6,00,000/- (Rupees Six lakhs only) being advance amount paid by the complainant along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 15.12.2017 to till the date of this order (i.e.) 02.04.2019 and to pay a sum of Rs.40,000/- (Rupees Forty 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 02^nd day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of Advance Amount Receipt
		Copy of advance amount receipt
		Copy of Pass Book entry
		Copy of cancellation form
		Copy of the complainant notice with acknowledgement card

 

 

MEMBER                                                                  PRESIDENT