Gorichitti Apparao filed a consumer case on 18 Nov 2014 against M/s Sai Lakshmi Township (Pvt) Limited in the Visakhapatnam-II Consumer Court. The case no is CC/32/2012 and the judgment uploaded on 30 Nov -0001.
Date of Registration of the Complaint:11-11.2011
Date of Order:18-11-2014
BEFORE THE DISTRICT CONSUMERS FORUM-II AT
VISAKHAPATNAM
3. Sri C.V. Rao, M.A., B.L.,
Male Member
Tuesday, the 18th day of November, 2014.
CONSUMER CASE No.32/2012
Between:-
Gorichitti Appa Rao, S/o G.A. Swamy,
Hindu, aged about 64 years, residing at
D.No.39-17-4, Gorichitti Residency,
G-1, Ashok Nagar, Madhavadhara,
Visakhapatnam-07.
….. Complainant
And:-
M/s. Sai Lakshmi Township (Pvt.) Ltd., represented
by its Managing Director, Sri N. Suryanarayana Reddy,
S/o Late Patrudu, Hindu, aged about 50 years, Office
Situated at D.No.49-24-51/A/201, Sri Pavan Estates,
Madhuranagar, Sankaramatam Road, Visakhapatnam-16.
… Opposite Party
This case coming on 05.11.2014 for final hearing before us in the presence of Sri D. Suresh Kumar and D. (CH) Renuka Devi, Advocates for the Complainant and Sri Padada. Suri Babu, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:
ORDER
(As per Sri. H. Ananda Rao, Honourable President, on behalf of the Bench)
1. This consumer complaint is filed by the Complainant against the Opposite Party directing him to pay the collected amount of Rs.9,92,000/- (Rupees Nine lakhs and ninety two thousand only) with subsequent interest @ 24% p.a. from 04.03.2008 till today as agreed upon under commitment letter dated 21.01.200, to pay Rs.1,00,000/- towards compensation and costs of Rs.10,000/-.
2. The case of the Complainant in brief is that the Opposite Party is carrying Real Estate business and informed that they are having ventures under the name and style of High way Paradise and High way Galaxy lay outs and provoked the Complainant and his family members booked two plots in Tycoon Valley Venture on 4.2.2008, the Complainant had paid a sum of Rs.2,00,000/- initially by way of a cheque bearing No.847565 of Vijaya Bank dated 10.02.2008 for booking of two plots, each 200 Sq. yards for which allotted plots No.143 and 144 by the Opposite Party and issued a receipt bearing No.493 dated 04.02.2008 and there-after on insisting of the Opposite Party, the Complainant has paid all the amounts for balance of Rs.7,92,000/- towards full and final payment for which the Opposite Party acknowledge and issued different receipts in total paid Rs.9,92,000/- and upon receipt of the same, the Opposite Party has given Sale Agreement -cum-memorandum of understanding in favour of the Complainant for the said two plots on the event day and passed receipt for Rs.9,92,000/- towards full and final sale consideration.
3. It is also the case of the Complainant; that the Opposite Party agreed to register the plots by obtaining the DTCP approval on or before minimum 2 months and with a maximum period of 4 months by providing all the facilities as mentioned in the agreement failing them agreed to refund the amount of Rs.9,92,000/- with interest @ 24% p.a. basing on that he has obtained the agreement with a fond hope that they will registered plot, but he failed to do so, inspite of demands. Hence, this Complainant
4. The case of the Opposite Party denying the material averments of the Complainant by admitting that they have formed a layout under the name of Tycoon Valley Venture and the Complainant approached with a view to purchase house plot and paid a sum of Rs.9,92,000/- towards part payment and entered into an agreement of sale dated 04.03.2008. He also stated as collateral security the Complainant was also obtained a cheque duly signed by them for the said sum paid by him and it is in the custody of the Complainant and subsequently the Complainant failed to pay balance amount of Rs.2,08,000/- and get registration of the said plot, inspite of their repeated requests and mediation the Complainant postponed the same, and the Complainant to side track issue got presented a cheque duly obtained from them and on its dishonor, he filed the present complaint with a malafide intention to cause wrongful loss to them and that the Complainant has not come to the Forum with clean hands and finally stated that they are ready by this day to register the plot in favour of the Complainant, if they are ready to pay the balance of sale consideration, therefore, the complaint is liable to be dismissed.
5. To prove the case; on behalf of the Complainant, he himself filed his evidence affidavit and got marked Exs.A1 to A7. On the other hand, on behalf of the Opposite Party, he filed his evidence affidavit but no documents were marked.
6. Both parties are filed their respective written arguments.
7. Heard both sides.
8. Now the points that arise for determination is:-
Whether there is any deficiency in service on the part of the Opposite Party and the Complainant is entitled for the reliefs of advance amount with interest, compensation damages and costs.
9. As seen from record it is not in-dispute that the Opposite Party is doing real estate business and formed a layout under the name of Tycoon Valley Venture and on approaching the Complainant to purchase house plots, he received Rs.9,92,000/- and entered into an agreement of sale cum memo of understanding dated 04.03.2008. Ex.A1 is the Sale Agreement-Cum-Memo of Understanding between the Complainant and the Opposite Party Dt.04.03.2008. Ex.A2 is the Receipt No.493 for an amount of Rs.2,00,000/- dated 04.02.2008 issued by the Opposite Party in favour of the Complainant. Ex.A3 is the Receipt No.53for an amount of Rs.2,00,000/- issued by the Opposite Party in favour of the Complainant dated 04.03.2008. Ex.A4 is the Receipt No.795 for an amount of Rs.2,92,000/- issued by the Opposite Party in favour of the Complainant dated 04.03.2008. Ex.A5 is the Receipt No.796 for an amount of Rs.3,00,000/- issued by the Opposite Party in favour of the Complainant dated 04.03.2008. Ex.A6 is the Commitment Letter on 21.01.2009 issued by the Opposite Party to Complainant. Ex.A7 is the Brochure. All these documents clearly and categorically establishes that there was an agreement in between parties and the Complainant paid total amount of Rs.9,92,000/- to the Opposite Party.
10. According to the Opposite Party , the Complainant paid an amount of Rs.9,92,000/- out of the total cost of the plot of Rs.12,00,000/-. On the other hand, according to the Complainant, he paid entire sale consideration as agreed under Ex.A1 to show the same the Complainant relied upon Ex.A1. On the other hand, to show the total consideration vide Ex.A1 is Rs.12,00,000/-, the Opposite Party relied upon Ex.A1 dated 04.03.2008 which clearly reveals the total consideration for the plot is Rs.9,92,000/- only but not Rs.12,00,000/- as contended by the Opposite Party. Further to show the Complainant has obtained a cheque duly signed by the Opposite Party as collateral security for the amount paid by him for Rs.9,92,000/- and subsequently, it was dishonored on presentation etc., no proof is filed by the Opposite Party. For these reasons, we are of the considered view the contention of the Opposite Party that the present complaint is filed with a malafide intention to cause wrongful loss to the Opposite Party is not at all tenable. On the other hand, on a careful scrutiny of the evidence as well as exhibits, we are of the considered view, that after receiving the entire sale consideration of Rs.9,92,000/- vide Ex.A1 instead of the registering the plot in the name of the Complainant, the Opposite Party failed to do so for saying one reason or other. Therefore, the Opposite Party is liable to pay the said sum as sought for by the Complainant with interest thereon.
11. Now the question that comes up for consideration, at this stages of our discussion what is the rate of interest for which the Complainant is entitled. The rate of interest claimed by the Complainant is 24% p.a. This rate of interest claimed by the Complainant appears to be excessive, of course, it is a fact that the transaction covered by Ex.A1 is in commercial in nature, but that does not and cannot mean to say that the Complainant is a licenced to claim interest @ 24% p.a. on Ex.A1. But at the same time, it is imperative on our part to award a reasonable interest. Having regard to all these facts and circumstances, we sincerely feel having considered the case on hand awarding of interest @ 12% p.a. would better serve the ends of justice. Consequently, we proposed to fix the rate in question @ 12% p.a. on Ex.A1 in question. Accordingly interest is ordered.
12. Whether the Complainant is entitled for compensation of Rs.1,00,000/- is to be considered. It appears as seen from the evidence of PW-1 that the Complainant was compelled to approach the Opposite Party and therefore experienced a lot of physical strain besides mental agony and financial loss. It is a un-dispute fact that the Opposite Party did not refund the amount subscribed by the Complainant. Naturally that made have put the Complainant to suffer some mental agony besides physical stress and strain. In this view of the matter, we sincerely feel that it is a fit case to award compensation. But that does not and cannot mean to say that the Complainant claim for compensation is acceptable. Having regard to all these facts and circumstances, we are of the considered opinion, award of compensation of 50,000/- would serve the ends of justice. We therefore, proposed to award compensation of Rs.50,000 /-, in the circumstances of the case on hand. Accordingly this point is answered.
13. Before parting our discussion, it is incumbent and imperative on our part to consider the costs of litigation. The Complainant ought not have to approach this Forum had his claim for refund of the sum of Rs.9,92,000/- or reliefs sought for have been honored by the Opposite Party within a reasonable time and in view of the matter, the Complainant’s claim for claims for cost deserves to be allowed. In our considered and unanimous opinion awarding a sum of Rs. 5,000/- as costs would appropriate and reasonable. Accordingly costs are awarded.
14. In the result, Complaint is allowed directing the Opposite Party to pay an amount of Rs.9,92,000/- (Rupees Nine lakhs and ninety two thousand only) with interest @ 12% p.a. from 04.03.2008 i.e., from the date of Ex.A1 till the date of realization, and further to pay Rs.50,000/- (Rupees Fifty five thousand only) towards compensation and Costs of Rs.5,000/- (Rupees five thousand only) to the Complainant. Advocate fee is fixed at Rs.2,500/- (Rupees two thousand and five hundred only). Time for compliance, one month. The rest of the claim is dismissed.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 18th day of November, 2014.
Sd/- Sd/- Sd/-
Male Member Lady Member President
APPENDIX OF EVIDENCE
For the Complainant:-
NO. | DATE | DESCRIPTIONOFTHEDOCUMENTS | REMARKS |
Ex.A1 | 04.03.2008 | Sale Agreement-cum-memo of Understanding between the Complainant and OP. | Original. |
Ex.A2 | 04.02.2008 | Receipt No.493 an amount of Rs.2,00,000/- in favour of the Complainant | Original |
Ex.A3 | 04.03.2008 | Receipt No.531 an amount of Rs.2,00,000/- in favour of the Complainant. | Original |
Ex.A4 | 04.03.2008 | Receipt No.795 an amount of the Rs.2,92,000/- in favour of the Complainant | Original |
Ex.A5 | 04.03.2008 | Receipt No.796 for amount of Rs.3,00,000/- in favour of the Complainant | Original |
Ex.A6 | 21.01.2009 | Commitment letter issued by the Opposite Party to the Complainant | Office copy |
Ex.A7 |
| Brochure of the Tycoon Valley | Original |
For the Opposite Party:-
-Nil-
Sd/- Sd/- Sd/-
Male Member Lady Member President
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