Tamil Nadu

South Chennai

CC/108/2018

Mr K Subramani - Complainant(s)

Versus

M/s Manju Janu Groups Rep by Auth. Signatory - Opp.Party(s)

M/s D Yogeswaran

04 Nov 2019

ORDER

                                                                                 Date of filing  : 05.03.2018

                                                                                   Date of Order : 04.11.2019

                                                                                  

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.108/2018

DATED THIS MONDAY THE 04^TH DAY OF NOVEMBER 2019

                                 

Mr. K. Subramani,

S/o. Mr. Kannan,

No.142, D Block,

Thilakar Street,

Kamachi Nagar,

Valasaravakkam,

Chennai – 600 087.                                                        .. Complainant. 

                                                                                               ..Versus..

 

M/s. MANJU GROUPS,

Represented by its Authorised Signatory,

No.8/57, Sathaswara Apartments,

2^nd Floor, Flat No.J K & L,

1^st Avenue, Ashok Nagar,

Chennai – 600 083.                                                  ..  Opposite party.

 

Counsel for the complainant :  M/s. D. Yogeswaran & another

Opposite party                       :  Ex-parte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.50,000/- with interest from the date of amount paid and to pay a sum of Rs.2,00,000/- towards compensation for mental agony, harassment, hardship, deficiency in service and unfair trade practice with cost to the complainant.

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

The complainant submits that the opposite party’s executives contacted the complainant for selling small budget residential land in EMI basis.   The complainant booked one plot in the opposite party’s upcoming project named Swarnadhara Grand situated at Melakondaiyur Village, Thiruvallur Taluk, Kancheepuram District of unit No.436 and paid a sum of Rs.50,000/- having receipt No.28171 on 20.06.2016.  The complainant submits that the opposite party handed over a set of documents related to the plot in order to take the legal opinion of the plot.   After due check up, the complainant came to know that the plot was unapproved and there are some legal problems in the property.   Hence, the complainant requested the opposite party to refund the amount paid towards the plot. The complainant submits that even after repeated requests, the opposite party has not refunded the amount. Hence, the complainant issued a letter dated:30.06.2016 for refund of the amount.  Since the opposite party has not refund the amount, the complainant was put to great hardship.  The act of the opposite party caused great mental agony and inconvenience to the complainants.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not appeared before this Forum and hence, the opposite party was set ex-parte.

3.     Though the opposite party remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences 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.A4 are marked.    

5.      The point for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.50,000/- paid as advance with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony, deficiency in service with cost as prayed for?

6.      On point:-

The opposite party after due service of notice not appeared in this Forum and called absent set exparte.  The complainant filed written arguments. Perused the records namely; the complaint, proof affidavit and documents of the complainant.   The complainant pleaded and contended that the opposite party’s executives contacted the complainant for selling small budget residential land in EMI basis.  The complainant booked one plot and paid a sum of Rs.50,000/- on 20.06.2016 as per Ex.A2, copy of receipt.  Further the contention of the complainant is that the opposite party handed over a set of documents related to the plot in order to take the legal opinion of the plot.   After due check up, the complainant came to know that the plot was unapproved and there are some legal problems in the property.  Hence, the complainant requested the opposite party to refund the amount paid towards the plot.   The opposite party has not disputed the legal problems in the plot proves the deficiency in service.  Further the contention of the complainant is that even after repeated requests, the opposite party has not refunded the amount. Hence, the complainant issued a letter dated:30.06.2016 for refund of the amount as per Ex.A3.  Since the opposite party has not refund the amount, the complainant was put to great hardship.  Hence, the complainant filed this case claiming refund of the amount of Rs.50,000/- with compensation.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund the amount of Rs.50,000/- being paid as advance to book one plot with a compensation of Rs.10,000/- towards 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.50,000/- (Rupees Fifty thousand only) being amount paid as advance to book one Plot and to pay a sum of Rs.10,000/- (Rupees Ten 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 04^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of complainant’s Aadhar card
Ex.A2	20.06.2016	Copy of payment receipt
Ex.A3	30.06.2016	Copy of letter for refund
Ex.A4	16.06.2016	Copy of Loan Agreement

 

 

MEMBER                                                                                                                                                         PRESIDENT