Orissa

Rayagada

CC/136/2015

Sri G.Trinathulu - Complainant(s)

Versus

M/s Sri Sai Sindhu Real Estates - Opp.Party(s)

Self

20 Oct 2016

ORDER

DISTRICT   CONSUMER DISPUTES    REDRESSAL FORUM, RAYAGADA,

                                                  C.C. Case No.136/ 2015.                              

 

 P R E S E N T .

 

Sri Pradeep Kumar Dash, LL.B                                                President.

AND 

Sri Gadadhara Sahu,B.Sc.                                                       Member

 

Sri G.Trinathulu,S/o G.Appalaswami,aged about 63 years, resident of Rayata Colony, Rayagada, Po/Ps/Dist. Rayagada, Odisha.                                                                                                                                                                 ………….Complainant

                                                Versus

 

1. M/s Sri Sai Sindhu Real Estates, Prasanti Nagar, Parvathipur and represented by its Managing Partner.

1. R.Tirupathi Rao, Resident of village Pedda Biddidi, P.S.Parvathipuram, Dist. Vizianagaram, Andhra Pradesh.
2. R.Govinda Raju, Pedda Buddidi, P.O./Ps Parvathipuram, Dist. Vizianagaram, Andhra POradesh.
3. Alluri Pera Raju, Owner of Digital Colour Lab Studio and Video, Opposite M.R.O Office, Main Road, Belgam, PO/PO Parvathipuram, Dist.aVizianagarma, Andhra Pradesh.                             .….Opp.Parties

 

For Complainant :-   In Person

For OPP. Parties  :-   Set Exparte

 

               JUDGMENT

 

            The brief facts of the case is that the Ops have floated a scheme in the real estate in the name of Sai Sindhyu Real Estates, Prasanthi Nagar, Parvathipuram and offered house plots of various sizes as per the approved plan  . They have temporary office at Rayagada for collection/booking  and go  give services to their customers.  In the beginning they have declared that their customers who are in need of plots have to pay a sum of Rs.6000/- in advance towards developmental/confirmation of their plots. The complainant joined in the said scheme  and deposited  the amounts  in the name of  five  persons  and issued receipt s on 8.4.2011 and as per the proposals the Ops opened  pass book  in the name of the  persons  in order to  enable them to collect the amount  in sixty monthly instalments  @ aRs.600/- per month and the scheme was  completed in the month of July,2014 and all the amounts demanded by them  was paid to them  and they have accepted the same  in the pass book  and also issued receipts for the said purpose.  In all the five account a total sum of Rs.36,000/- each is paid in addition to the reservation charges  as demanded by the Ops and now the Ops have to deliver the land  and to do the registration in the  name of the complainant  and to the persons nominated by the complainant in the said scheme. In total the complainant has paid amount  to the Ops  including the developmental charges. But when the complainant asked for registration and delivery of the said plots the Ops have already sold the reserved plots to  some other persons and now he is showing  the plots which is not selected by the complainant  . Hence, the Ops  have played a fraud in the deal and again demanding more money for the purpose  of development of the land . Hence there is deficiency of service on the part of the Ops and also it is an unfair trade practice causing financial loss and mental agony to the customers. Hence prayed   to direct the Ops to register the allotted lands to the complainant and to his nominees at the cost of the OPs   since full consideration was received   and award monetary compensation of Rs.50,000/-  and cost of litigation and such other relief as the forum deem fit and proper. Hence, this complaint.

                        Being noticed  neither O.Ps  appeared  nor filed  their written version  as such the Ops were set exparte and we proceeded the matter in absence of the Ops and believed the allegations of the complainant and  disposed of the matter with the following directions.

.                                                                    ORDER

                        The O.Ps   are directed to refund the deposited amount of  the complainant. Further the Ops are directed to pay compensation of Rs.1,000/-   for mental agony  and cost of litigation of Rs.300/-   to the complainant within one month from the date of receipt of this order,  failing which the Opp.Party is  liable to pay with the interest of 4% on the amount  till the date of payment.

                        Pronounced in open forum today on this 22^nd  day of November,2016 under the seal and signature of this forum.

                         

Copy of order be sent to the parties free of cost.

 

 

 

                          Member.                                                                              President.

 

Documents filed & relied upon:-

By the Complainant:-

1. Copy of  cash receipts.
2. Copy of the five pass books
3. Copy of approved lay out plan
4. List of persons whose lands were reserved by the Ops.

By the O.Ps:

                                                                                                         President

 

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