Andhra Pradesh

Visakhapatnam-II

cc/196/2013

Sahukar Gopi Krishna - Complainant(s)

Versus

M/s Sri Sai Satya Town Ship - Opp.Party(s)

Koduri Sreenivasa Rao

18 Apr 2015

ORDER

                                              Date of Registration of the Complaint:29-07-2013 

                                                                                                Date of Order:18-04-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Saturday, the 18^th day of April, 2015.

                             CONSUMER CASE No.196/2013

Between:-

Sahukar Gopi Krishna, son of S. Ramakrishna,

Hindu, aged 50 years, resident of Flat No.F-3,

Bobby Residency, KRM Colony, Seethammadhara,

Behind Eenadu, Visakhapatnam-530 013.

                                                                                                   ….. Complainant

And:-

M/s. Sri Sai Satya Town Ship, represented by its

Proprietor Shri Sagi Appala Narasimha Raju,

S/o late Krishna Murthy Raju, Hindu, aged about

42 years, office at D. No. 45-58-18/1, Rajeswari Plaza,

Narasimha Nagar, Akkayyapalem,  Visakhapatnam-

560 016.

                                                                                           …  Opposite Party

                     

This case coming on 17.04.2015 for final hearing before us in the presence of Sri Koduri Sreenivasa Rao & Smt. Siva Kumari Jaladi, Advocates for the Complainant and Smt. P. Anuradha, Sri L. Satya Rao & Sri G. Kiran Kumar, Advocates for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant joined as a member in the Opposite Party venture in the name of “Highway Paradise”.    The Complainant booked the Plot No.38 admeasuring 400 Sq. yards in the above layout and paid a sum of Rs.4,00,000/- as an advance by way of Cheque Nos. 485185 and 485187 drawn on ICICI Bank, Visakhapatnam.  After receiving the said advance sale consideration, the Opposite Party entered into an agreement on 31.07.2012 with the Complainant.   The Opposite Party has to execute the sale deed and register the same by receiving the balance sale consideration, on or before 30^th October, 2012.  The Complainant approached the Opposite Party and expressed his willingness to pay the balance sale consideration and asked the Opposite Party to furnish the approval of the competent authority for the said layout and registered the same by receiving the balance sale consideration.   The Manager of the Opposite Party demanded for another sum of Rs.2,00,000/- as part payment in advance to  meet the expenses, the Complainant did not pay the same and requested the Opposite Party to return the advance amount of Rs.4,00,000/- together with interest.   But the Opposite Party kept quiet.   Then the Complainant issued a legal notice on 9.4.2013, the Opposite Party received the same, did not register the plot nor refund the amount paid by the Complainant till now.   Hence, this Complaint.

2.       a) Directing the Opposite Party to pay the sum of Rs.4,00,000/- to the Complainant with 24% interest from 31.07.2012 till the date of payment;

          b) For payment of Rs.2,00,000/- towards compensation for deficiency of service by the Opposite Party;

          c) For costs of the Complaint; and

          d) For such other relief or reliefs as this Forum deems fit and proper under the circumstances of the case.

 

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The Opposite Party stated that the Complainant requested the Opposite Party that he is not interested to take the plot in the said layout, so they did not register the plot in favour of the Complainant.    After some time again the Complainant requested the Opposite Party that he has no interest to take the plot as the plot is far away to their place and requested the Opposite Party to return the advance amount.   The Opposite Party tried his level best to convince the Complainant, but there is no use.   So, that the Opposite Party paid the advance amount in different occasions through the Opposite Party the then the Manager.   The Opposite Party was intimated to the Complainant that the total transaction is completed.   So, they have no liability to pay any relief asked by the Complainant.

 

         

4.       At the time of enquiry, the Complainant filed affidavit as well as written arguments to support his contentions.  The Opposite Party did not file any affidavit and written arguments.   Exs.A1 to A10 are marked for the Complainant.    No documents were marked for the Opposite Party.  Heard the Complainant.

 

5.       Ex.A1 is the Agreement entered into between the Complainant and the Opposite Party dated 31.07.2012.   Ex.A2 is the Receipt issued by the Opposite Party in favour of the Complainant towards initial payment through cheque dated 2.7.2012 for Plot No.38 in Sai Satya Town Ship.  Ex.A3 is the Receipt issued by the Opposite Party in favour of the Complainant towards initial payment of Rs.2,00,000/- dated 30.07.2012 through cheque towards Plot No.38 in the Opposite Party venture i.e., Sai Satya Town Ship.   Ex.A4 is the letter issued by the Complainant to the Opposite Party requesting them to cancel the agreement and refund the total amount paid by the Complainant dated 29.12.2012.   Ex.A5 is the letter issued by the Complainant to the Branch Manager of the Opposite Party requesting the Opposite Party to cancel the said agreement and refund the advance amount, on or before 31.01.2013.   Ex.A6 is the Postal Receipt.    Ex.A7 is the Reminder letter issued by the Complainant to the Opposite party request for cancellation of Registered Sale Deed Agreement dated 31.07.2012.   Ex.A8 is the Postal Receipt.   Ex.A9 is the Registered Lawyer’s Notice issued by the Complainant’s counsel in favour of the Opposite Party dated 09.04.2013.   Ex.A10 is the Acknowledgement from the Opposite Party.

 

6.       The fact shown from Ex.A1 reveals that there is an agreement between the Complainant and the Opposite Party towards Plot No.38 and advance sale consideration of Rs.4,00,000/- has paid in advance through cheque dated 31.07.2012.   Exs.A2 and Ex.A3 are two receipts issued by the Opposite Party in favour of the Complainant towards Plot No.38 towards advance amount of Rs.4,00,000/-.   Exs.A4, A5 and A6 are letters issued by the Complainant to the Opposite Party requested for cancellation of the said agreement and refund the advance amount paid by the Complainant on different dates.

 

7.       All these documents shows that the Complainant paid an advance amount of Rs.4,00,000/- to the Opposite Party for Plot No.38 in the Opposite Party venture named as Highway Paradise.   The Complainant paid the said amount twice in the year, 2012.

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that there is no dispute regarding the payment of advance amount of Rs.4,00,000/- by the Complainant.   Though both the parties entered into an agreement on 31.07.2012, the Opposite Party failed to register the plot in favour of the Complainant as per their agreement.   Though the Complainant is ready to pay the balance sale consideration, but the Opposite Party failed to perform their contract as per their agreement.   Moreover, the Opposite Party stated in their counter that as per the request of the Complainant, the Opposite Party paid the advance amount in different occasions through the Opposite Party Manager to the Complainant.   The Opposite Party intimated the same to the Complainant that the total transaction is completed.   But the Opposite Party failed to place any piece of evidence showing that they had paid advance amount to the Complainant.   The Opposite Party received the advance amount in the year, 2012 but failed to perform their contract, as per their agreement even after one year it amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Party.   Hence, the Complainant is entitled to Rs.4,00,000/- with interest, some compensation and costs too.

 

10.     In the result, this Complaint is allowed directing the Opposite Party: a) to pay a sum of Rs.4,00,000/- (Rupees Four Lakhs only) with interest @ 9% p.a. from 31.07.2012 till the date of actual realization, b) a compensation of Rs.40,000/- (Rupees forty thousand only) and c) Costs of Rs.2,500/- (Rupees Two thousand and five hundred only) to the Complainant.   Time for compliance, one month from the date of this order.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 18^th day of April, 2015.

    

 Sd/-                                     Sd/-                                       Sd/-  

President                              Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	31.07.2012	Agreement entered into between the Complainant and the OP	Original
Ex.A02	01.07.2012	Receipt No.9 an amount of Rs.2,00,000/- issued by the OP in favour of the Complainant	Original
Ex.A03	29.07.2012	Receipt No. 14 an amount of Rs.2,00,000/- issued by the OP in favour of the Complainant	Original
Ex.A04	29.12.2012	Request for Cancellation/Termination of Unregistered Agreement issued by the Complainant to OP	Office copy
Ex.A05	13.01.2013	Letter addressed by the Complainant to the Manager of the OP	Office copy
Ex.A06	28.01.2013	Postal Receipt	Original
Ex.A07	13.02.2013	Letter addressed by the Complainant to OP	Office copy
Ex.A08	15.02.2013s	Postal Receipts	Original
Ex.A09	09.04.2013s	Registered Lawyer’s Notice addressed by the Complainant’s counsel to OP	Office copy
Ex.A10		Acknowledgement card from OP	Original

For the Opposite Party:-               

                  

                                                -Nil- 

Sd/-                                  Sd/-                                              Sd/-

President                          Male Member                                Lady Member