BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD.

F.A.No. 358  OF 2009 AGAINST C.C.NO.33 OF 2008 DISTRICT CONSUMER FORUM RANGA REDDY

Between

Sri K.P.Mathur S/o late Pyarelal Mathur
Aged 57 years, Occ: Govt. Officer
R/o H.No.353-A, Sainik Colony, Faizabad
Delhi
                                                                                                        Appellant/complainant
                                                              
        A N D

1.  M/s Sri Lakshmipriya Township Promoters Pvt. Ltd.,
     Rep. by its Managing Director,
     Sri N.H.Chandramoulishwara Reddy,
     S/o Siva Reddy, aged about 41 yrs, Occ:Business
     414, Babukhan Estate, Basheerbagh, Hyderabad-29
2.  Sri N.H.Chandramoulishwara Reddy
     S/o Siva Reddy, H.No.8-2-584/5C, Road No.9,
     Banjara Hills, Hyderabad-34
3.  Sri N.H.Chandramoulishwara Reddy
     S/o Siva Reddy, Post & Village Deepugunta
     Mandal, Gosapadu, District Kurnool

Respondents/opposite parties

Counsel for the Appellant                      Sri G.Malleswara Rao
Counsel for the Respondents                 Paper publication filed

QUORUM:                 SRI SYED ABDULLAH, HON’BLE MEMBER
&
                            SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER

                                THURSDAY THE THIRD DAY OF JUNE              
                                            TWO THOUSAND TEN

Oral Order ( As per R.Lakshminarsimha Rao, Member)
                                     ***
      
        The appeal is filed by the complainant against the order dated 19.2.009 passed by the District Forum Ranga Reddy whereby the complaint was dismissed.
        The facts of the case are that the complainant joined as a member in the scheme launched by the opposite parties and the name and style Shivapriya Nagar in Sy.No.207 and 208 of Abdullahpurmet and in Sy.No.192, 196, 202 to 213, 214 to 219 and 230 of Gandicheruvu Village, of Hayatnagar Mandal of R.R.District.  The duration of the scheme was 36 months.  A member has to pay an amount of Rs.500/-  at the time of joining in the scheme and balance amount has to be paid in instalments @ Rs.500/- per month besides an amount of Rs.1000/- to be paid once in every six months in addition to the regular instalments.  The total value of the each plot admeasuring 200 sq.yards is Rs.24,100/-.  Bumper prizes are said to have been offered to the members who paid initial amount of Rs.2,400/-.  The complainant paid an amount of Rs.25,100/- under membership No.14302 and Rs.2300/- towards registration charges.  The opposite party has entered into an agreement dated 19.12.1993 and issued passbook in favour of the complainant.  The opposite party issued a circular dated 8.6.1998 that the land was divided into plots and arrangement of the amenities was delayed due to unavoidable circumstances and that the registration work could be completed by the end of June 1998.
Press reports said to have dealt with a criminal complaint was filed against the opposite parties with the police,  Saifabad.  The opposite parties floated the scheme and collected the amount for the plots without acquiring the land.  The opposite party no.2 fled from the spot subsequently to which he had given a press statement on 24.8.2001 that his company has purchased 1200 acres of land and he has registered 800 acres of land to the members.  The opposite party stated to have floated similar schemes earlier without acquiring any land thereunder resulting filing of several cases against them in the consumer fora in Hyderabad, Rangareddy, Vijayawada, Kadapa, Ananthapur, Ongole, Karimnagar, Warangal and Guntur where the District Fora passed the order holding that the opposite party played unfair trade practice and they were directed to refund the amount.
        The opposite parties remained exparte.
        The complainant has filed his affidavit and the documents Exs.A1 to A8.
        The District Forum has dismissed the complaint for the reason that the complainant has not filed his affidavit in the form of evidence.
        The point for consideration is whether the complainant is entitled to the claim as prayed for?
        The complainant joined as a member in the scheme launched by the opposite party by paying an amount of RS.27,400/- for allotment of plot either at Abdullahpurmet or Gandicheruvu Villages in Hayatnagar Mandal of the R.R.District.  The opposite parties allotted a plot and given subscription No.14302 to the complainant.  The receipts Exs.A5 to A8 evidence payment of the amount by the complainant.  The opposite party entered into agreement Ex.A3 on 19.12.1993 with the complainant whereunder the opposite parties agreed to bound by the terms mentioned in the application form issued by them.  The complainant has got issued legal notice on 11.7.2007 requesting the opposite parties to return the amount paid by him along with the interest accrued thereon. It appears there was no response from the side of the opposite parties to refund the amount paid by the complainant.  The opposite parties had chosen to be absent before the District Forum inspite of the publication of notice issued to them.  The opposite parties had failed to perform their obligation of allotting a plot with the amenities promised therefor.  The opposite parties, as such could not keep the amount with them much to the inconvenience suffered by the complainant.
        The District Forum has dismissed the complaint for the reason that the complainant has not filed his affidavit despite holding that the documents supported the claim of the complainant.   A perusal of the record shows that the complainant has filed his affidavit along with the complaint.  When the opposite party fails to appear on the date of hearing, the affidavit of the complainant filed along with the complaint can be treated as the evidence on behalf of the complainant.  The District Forum erred in passing the impugned order.  Hence, the impugned order is liable to be set aside.
        In the result the appeal is allowed by setting aside the order dated 19.2.2007. Consequently, the complaint is allowed. The opposite parties directed to pay an amount of Rs.27,400/- along with interest @ 9% per annum from the date of issuing of legal notice till payment together with costs of Rs.2000/-.  Time for compliance four weeks.

                                                                                                                   Sd/-
                                                                                                                MEMBER
                                                                                                                    Sd/-
                                                                                                                MEMBER
                                                                                                           Dt.03.06.2010

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