BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY
Dated this the 3rd day of May, 2018
Consumer Complaint No.10/2017
J. Prathiba Lakshmi, wife of D. Venkatachalapathy
No.61/2. Sowrashtra Nagar 10th street,
Choolaimedu, Chennai – 600 094.
……… Complainant
vs
M/s Sree Nivas Buildtech (India) Pvt Ltd.,
Rep. by its Managing Director
No.193, Rangapillai Street,
Puducherry – 605 001.
………. Opposite Party
BEFORE:
HON’BLE JUSTICE Thiru K. VENKATARAMAN,
PRESIDENT
Thiru S. TIROUGNANASSAMBANDANE,
MEMBER
FOR THE COMPLAINANT:
Thiru L. Sathish, Advocate
FOR THE OPPOSITE PARTIES
Thiru S. Vimal, Advocate
ORDER
(By Justice Thiru K. Venkataraman, President)
The present complainant has been filed by the complainant seeking the following reliefs: i) complete the construction of C schedule property and hand over possession of the same to complainant within a specified period or in the alternative, refund a sum of INR.23,14,946/- with interest at 18% per annum calculated on the proportionate payments made by complainant from the date when such proportionate payment was made till the date of actual payment by opposite party and get the sale deed dated 03.10.2012 in document No. 5475/2012 cancelled; (ii) to reimburse a sum of Rs.7,32,569/- paid by the complainant to her banker HDFC Bank towards Pre EMI interests from 1.4.2013 to February 2017 with interest at 18% per annum on pro rata basis from 1.4.2013 till the date of actual payment; (iii) to pay a compensation of Rs.15,00,000/- for deficiency in service and unfair trade practice adopted by opposite party in failing to deliver the C schedule property to complainant in time and thereby subjecting him to extreme mental and physical stress, trauma and agony as well as to pecuniary and non-pecuniary loss and (iv) to pay a sum of Rs.20,000/- towards costs.
2. It is the case of the complainant that she entered into an agreement with opposite party for putting up a construction of a flat and also for execution of the sale deed in respect of the undivided share over the land. The said agreement was entered into on 20.08.2012. It is agreed between the parties that the opposite party shall complete the construction and hand over to the complainant on or before 19.08.2014. However, the opposite party has not put up the construction and handed over to the complainant and hence, the complainant has approached this Commission for the relief set out above.
The matter was pending for quite a long time for reporting settlement. Yesterday, the complainant appeared before this Commission and stated that she is ready for compromise. Though the opposite party promised that he will appear yesterday, he could not appear yesterday and he appeared today. Both the complainant and the opposite party present today along with their respective Advocates.
After deliberation, both the parties accepted for passing the order hereunder.
(a) The opposite party shall complete the C schedule property set out in the agreement and hand over possession of the same to the complainant on or before 15.7.2018. The completion of the construction shall be as per the specifications set out in the agreement.
(b) the complainant has paid so far a sum of Rs.23,14,946/- out of Rs.25,94,205/- agreed. The balance amount shall be payable by the complainant to the opposite party after completion of the construction and at the time of handing over possession of the property.
(c) the opposite party shall pay a sum of Rs.7.00 lakhs as compensation for the delay in putting up the construction and for mental agony caused to the complainant and the same sum shall be payable within three months from today failing which, it will carry an interest at 10% from the date of expiry of three months till the full payment is made;
(d) both the parties are at liberty to adjust the amount that has to be payable by the complainant and the balance amount alone could be paid by the opposite party.
(e) Each party has to bear their respective costs.
Thus, the complaint is disposed of in the manner set out above. Before parting with the matter, I should appreciate the efforts taken by Mr. Sathish and more so, Mr. S. Vimal, Advocate who is appearing for the opposite party for an amicable settlement that has been arrived at between the parties.
The respective Counsels have to be appreciated for their sincere and relentless efforts for arriving at the settlement.
Dated this the 3rd day of May, 2018
(Justice K. VENKATARAMAN)
PRESIDENT
(S. TIROUGNANASSAMBANDANE)
MEMBER
SCHEDULE OF PROPERTIES
'A' SCHEDULE OF PROPERTY:
In the Registration District of Pondicherry, in the Registration Sub-District of Pondicherry, Ariyankuppam Commune Panchayat, Abishekapakkam Revenue Village, Village No.68, the wet land comprised in R.S. No. 141/2, Cad. No. 446, 446 bis, 448, 449 as per Document, Cad. No.446, 446 bis, 447, 448, 449, 450, patta No.171, totally extending 04 Hectares 05 Ares 44 Cantiares.
B-Schedule property:
Comprised within the property described in the A schedule, the full vacant plot bearing Plot No.335 – D located in Sector No.2, having an extent of 895 sq. ft forming part of A schedule property is covered under this agreement.
Boundaries:
South to Plot No.354-A, North to Passage, East to Plot No. 355-C, West to 33 feet road.
C-Schedule Property:
Comprised within the property described in the A schedule property and on the vacant plot described in B schedule property, an individual house bearing No. 355-D to be constructed having an extent of 993 sq. ft. of built up are together with water supply, fixtures and fittings.
(Justice K. VENKATARAMAN)
PRESIDENT
(S. TIROUGNANASSAMBANDANE)
MEMBER
