Tamil Nadu

South Chennai

CC/115/2018

Mrs R Prathiba - Complainant(s)

Versus

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

R S Raghavan

09 Sep 2019

ORDER

                                                              Complaint presented on : 15.02.2018

                                                              Date of Disposal            : 09.09.2019

                                                                                  

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.115/2018

DATED THIS MONDAY THE 09^TH DAY OF SEPTEMBER 2019

                                 

Mrs. R. Prathiba,

W/o. Mr. S. Rajagopalan,

No.10/21, Sri Thiyaraja Flats,

First Floor, 2^nd Cross Street,

Balaji Nagar,

Nanganallur,

Chennai – 600 061.                                                         .. Complainant.

                                                                                            ..Versus..

The Proprietor,

M/s. Manju Foundations,

No.8, Sapthaswara Apartments,

1^st Avenue, Ashok Nagar,

Chennai – 600 083.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. R.S. Raghavan & another

Opposite party                        :  Ex-parte

 

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 refund  the entire cost of Rs.1,58,200/- paid towards the purchase of land and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and harassment with cost of Rs.15,000/- to the complainant.

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

The complainant submits that he booked Plot No.19 in AURA J 3 and entered into a unregistered sale Agreement dated:04.01.2014. The complainant submits that the opposite party promised to allot a plot in the said project after due approval from the Government Authorities, subject to the payment of total consideration of Rs.1,58,200/-.  The complainant paid an advance amount of Rs.15,820/- for the plot namely; plot No.19.  The complainant submits that as per the terms and conditions of the Agreement, the complainant paid the entire amount of Rs.1,58,200/-.  The complainant submits that while insisting for registration of the plot, the opposite party evaded with silly reasons and at long last, the opposite party expressed his inability to register the plot since there is no approval and other legal implements.  Hence, the complainant requested the opposite party to refund the entire payment.  But the opposite party has not come forward to return the amount received towards the price of the plot.  Hence, the complainant issued legal notice dated:16.01.2018 for which, the opposite party has not sent any reply.  The act and conduct of the opposite party itself proves the deficiency in service and unfair trade practice.  Hence, the complaint is filed.

3.     Mr. M. Jeevarathinam, Advocate undertook to file Vakalath for the opposite party but subsequently failed to file Vakalath and written version within the stipulated time and hence, the opposite party was set ex-parte.

4.     Though the opposite party remained Ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     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.A3 are marked.

The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.1,58,200/- paid towards purchase of land as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.15,000/- as prayed for?

On point:-

The opposite party after due service of notice entered appearance through Mr. M. Jeevarathinam, Advocate who undertook to file Vakalath for the opposite party but subsequently failed to file Vakalath and written version and the opposite party was set ex-parte.  The complainant filed proof affidavit, documents and written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The learned Counsel for the complainant would contend that he booked Plot No.19 in AURA J 3 and entered into a unregistered sale agreement dated:04.01.2014 as per Ex.A1.  Further the complainant contented that the opposite party promised to allot a plot in the said project after due approval from the Government Authorities, subject to the payment of total consideration of Rs.1,58,200/-.  The complainant paid an advance amount of Rs.15,820/- for the plot namely; plot No.19.  In this case, as per Ex.A1, Agreement dated:04.01.2014, the complainant paid a sum of Rs.15,820/- as down payment.  Further the contention of the complainant is that as per the terms and conditions of Ex.A1, Agreement, the complainant paid the entire amount of Rs.1,58,200/-.  Ex.A2 is the Statement of Accounts issued by the bank.  Further the contention of the complainant is that while insisting for registration of the plot, the opposite party evaded with silly reasons and at long last, the opposite party expressed his inability to register the plot since there is no approval and other legal implements.  Hence, the complainant requested the opposite party to refund the entire payment.  But the opposite party has not come forward to return the amount received towards the price of the plot.  Hence, the complainant was constrained to issue legal notice dated:16.01.2018 as per Ex.A3 for which, the opposite party has not sent any reply.  The act and conduct of the opposite party itself proves the deficiency in service and unfair trade practice.  The complainant is claiming a sum of Rs.1,58,200/-  paid towards the price of the plot with a compensation of Rs.5,00,000/-. Considering the facts and circumstances of the case, this Forum is of the considered view that knowing fully well that the plot is not approved the complainant entered into an agreement.  Hence, this Forum is of the considered view that the opposite party shall refund a sum of Rs.1,58,200/- being amount paid towards the purchase of land with a compensation of Rs.25,000/- 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 refund a sum of Rs.1,58,200/- (Rupees One lakh fifty eight thousand two hundred only) being amount paid towards the purchase of land and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above  amounts shall be payable  within 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 09^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	04.01.2014	Copy of Agreement
Ex.A2		Copy of bank payment statement
Ex.A3	16.01.2018	Copy of legal notice along with postal receipt

 

 

MEMBER                                                                                                                                                                             PRESIDENT