Complaint filed on 23.01.2014

                                                                                                                               Compliant disposed on 31.10.2014 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM   ::AT:: KARIMNAGAR, TELANGANA STATE

PRESENT: HON'BLE SRI B.SURESH, B.A., LL.M., Ist ADDL. DIST. & SESSIONS JUDGE AND PRESIDENT (FAC) AND

SRI G.SREENIVASRAO, M.Sc.,B.Ed.,LL.B., PGADR (NALSAR), MEMBER

FRIDAY, THE 31^st DAY OF OCTOBER, TWO THOUSAND FOURTEEN

CONSUMER COMPLAINT  NO. 26 OF 2014

Between:-

J.Venkata Swamy  S/o.Laxmaiah, Age 59 years, Occu: Retd. Employee R/o. H.No.1-530, Aravind Nagar, Jagityal, Karimnagar Dist.

                                                                                                                                                            ... Complainant  

                                                         AND

M/s. Shruthigna Construction (Pvt) Ltd., R/by its’ Managing Director, Hyderabad Road, Next to Vaageshwari College, Rama Krishna Colony, Karimnagar.

                                                                                                                                                              … Opposite Party

          This complaint is coming up before us for hearing on  15-10-2014, in the presence of Sri M.Mahendar Advocate, counsel for complainant, and the opposite party remained exparte and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:

                                                                                                                   ::O R D E R::

1.       This complaint is filed U/s.12 of C.P.Act to direct the opposite party to refund Rs.50,000/- with 18% interest PA from the date of deposit till realization and also to direct opposite party to pay Rs.10,000/- towards compensation for mental agony etc along with costs separately.

2.       Averments of the complaint in brief:

          The complainant intended to purchase an apartment from the opposite party, for which he paid an advance sum of Rs.50,000/- and obtained two receipts bearing no.713 and 581. Whereas due to personal financial constraints the complainant withdrew his plan of purchasing the apartment and sought refund of the advance amount paid to the opposite party. On acceptance of the request the opposite party received original receipts and refunded the amount of Rs.42,500/- (out of Rs.50,000/-) through cheque no.451804 Dt: 20.09.2013. Whereas the said cheque could not be encashed due to insufficient funds in the bank account of the opposite party. The complainant then once again made a request to return back his amount in cash, but the opposite party evaded the payment and finally refused to refund on 16.12.2013. Hence, the complainant redressed before the Forum for unfair trade practice and deficiency in service.

3.       The Forum sent notices to the opposite party address for written version, but the opposite party unclaimed the notice despite the knowledge of this case. Due to non-appearance, he was set exparte.

4.       The counsel for the complainant led his evidence and the documents were marked as Ex.A1 to A5, and advanced his arguments too before the bench. Heard the counsel.

5.       Now the point for consideration is whether the opposite party is responsible for the unfair trade practice and deficiency in service, if so, to what relief?

6.       POINT:

          From the evidence it appears the complainant had booked a flat on payment of Rs.50,000/- towards advance for the sale consideration. But due to his personal and financial constraints he failed to pay the remaining balance and intended to cancel the said booking and seek refund of the said advance amount. The transaction is evident between them from the Ex.A1 and A2.

7.       It seems the opposite party had refunded Rs.42,500/- (Out of Rs.50,000/- advance) in the form of a cheque bearing no.451804 Dt: 20.09.2013, it is proved from the Ex.A3. Whereas on claiming the same the bank concerned expressed inability to honour the cheque due to the reason “funds insufficient” in the account of the opposite party. The bank also endorsed the same (Ex.A4).

8.       The Ex.A5 is the broucher of the opposite party, showing the 2BHK with the name of “Upagna Homes” a residential housing @ 9.60 lakhs for the government employees of the Karimnagar, and it also reveals the opening of a “Model” house on 17.02.2013 and calling for advance booking for the said venture. Thus the complainant is a purchaser/consumer and the opposite party a service provider establishing a relationship of Buyer and Builder in the present circumstances.

9.       From the Ex.A1 Dt: 15.05.2013 it can be inferred that the complainant followed due process of law by intimating the opposite party, his inability to buy the apartment. This can be construed as a notice to the opposite party within a short period from the date of booking in the said venture.

10.     The opposite party receiving back two original receipts (bearing no.581 and 713) for Rs.50,000/- advance booking made by the complainant and thereby refunding only Rs.42,500/- in the form of cheque establishes the consent of the opposite party for cancellation of the said booking by deducting a sum of Rs.7,250/-. Moreover he had not objected to the request made on 15.05.2013 (Ex.A1).

11.     Further the MD/opposite party released the cheque Dt: 20.09.2013 for Rs.42,500/- on 01.09.2013 itself. Thus the opposite party has the knowledge that the cheque will definitely be encashed on 20.09.2013 or on subsequent dates. But he failed to maintain sufficient funds in his account maintained at Andhra Bank, Vavilalapalli, Karimnagar 505001. Secondly, when the complainant personally brought to the notice of the opposite party about the same, the opposite party evaded payment and finally refused to pay on 16.12.2013. This proves malafide intention of the opposite party, which definitely amounts to unfair trade practice and deficiency in service too of the C.P.Act. Thus the complainant deserves some relief from this Forum.

12.     In the result, the complaint is allowed and the opposite party (MD of the company) is directed to refund an agreed amount of Rs.42,500/- along with interest @ 12% PA from the date of deposit till its realization and also directed to pay Rs.8,500/- as compensation for the mental agony and hardship caused and also to pay Rs.2,000/- as costs of the litigation.

Time for compliance is 30 days only.

Typed to my dictation by Stenographer and after correction, the order pronounced by us in the open court this the 31^st day of October, 2014.

Sd/-                                                                                                        Sd/-

MEMBER                                                                               PRESIDENT(FAC)

NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE

FOR COMPLAINANT:                       

1. Ex.A1 is the photo copy of letter from complainant addressed to opposite party Dt: 15.05.2013.
2. Ex.A2 is the photo copy of letter from complainant addressed to opposite party Dt: 01.09.2013.
3. Ex.A3 is the original copy of Cheque for an amount of Rs.42,500/- Dt: Dt: 20.09.2013.
4. Ex.A4 is the original copy of Cheque Return Memo issued by Andhra Bank Dt: 05.11.2013
5. Ex.A5 is the original copy of Broucher of opposite party.

FOR OPPOSITE PARTY:  -NIL-

Sd/-                                                                                                         Sd/-

MEMBER                                                                                        PRESIDENT(FAC)