HYDERABAD.

C.C.No.08/2011

Between

Manoj Pradhan S/o.Kameshwar Pradhan

Aged 33 years, Occ:Private Employee

R/o.401, MT Santoshi Apartments,

Mayuri Marg, Begumpet,

Hyderabad-16.                                                     

M/s SuchirIndia

A company incorporated under the Indian

Companies Act having its registered

Office at 301, Lumbini Amrutha Chambers,

Nagarjuna Circle, Road No.3,

Banjara Hills,Hyderabad.

Rep. by its C.E.O., Sri Y.Kiran Kumar,

S/o.late Y.Venkateshwarlu.                                  

Counsel for the complainant

Counsel for the Opposite party     

QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

         SRI S.BHUJANGA RAO, HON’BLE MEMBER.

TUESDAY, THE TWENTY FIFTH DAY OF SEPTEMBER,

TWO THOUSAND TWELVE

Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

***

i)                 Whether the complainant is entitled for refund of the amount?

ii)               Whether the complainant is entitled to compensation, if so, to what amount?

It is an undisputed fact that in the venture floated by the opposite party for sale of house plots vide Ex.A6, the complainant applied for a house plot vide Ex.A7 application. 

The complainant addressed a letter on 06-2-2009 stating that he intended to cancel the allotment.      Despite the fact, curiously, the opposite party addressed a letter, Ex.B4 dated 22-3-2009 stating that it was ready to execute registered sale deed.  

15. If any member seeks to cancel his passbook, he will not be allowed during the   

16. Regulations related to Cancellation/Transfer of passbook:

When the complainant sought for cancellation, the company obviously cannot insist that it would not cancel. It cannot insist for execution of sale deed.    show that there were no improvement or development whatsoever.   

No doubt one of the stipulation is that the opposite party company was entitled to deduct 25% of the amount towards admn. Expenses and membership fee etc.   Since the sale of plots for purpose of house construction a housing activity comes under the definition of Consumer Protection Act, 1986 as there is service involved in it as per Section 2.1(o), the complaint is maintainable.  

The opposite party did not choose to refund the amount but insisted for registration by its letter Ex.B4 dated 22-3-2009.     

Sd/-MEMBER.

JM                                                                            //APPENDIX OF EVIDENCE//

For complainant:                                       :

Affidavit evidence of complainant         

Exhibits marked on behalf of the complainant:

Ex.A1-certified copy of order in CC 53/2010 dated 26-8-2010

Ex.A2-certified copy of complaint.

Ex.A3-Photo copy of counter in CC 53/10 of opp.party

Ex.A4-Photo copy of evidence affidavit of complainant.

Ex.A5-Photo copy of evidence affidavit of opposite party.

Ex.A6-Brochure issued by opposite party.

Ex.A7-Photo copy of application form.

Ex.A8-Original Pass book No.195.

Ex.A9-Original Pass book No.196.

Ex.A10-Receipts(9Nos.)

Ex.A11-Letter dated 06-2-2009

Ex.A12-Letter dated 22-2-2009

Ex.A13-Letter dated 24-3-2009.

Ex.A14-Letter dated 7-5-2009.

Ex.A15-Letter dated 23-7-2009

Ex.A16-Agreement of sale dated 18-2-2009.

Ex.A17-Photographs (8 Nos.)

Ex.A18-copy of certificate of incorporation.

Exhibits marked on behalf of the opposite party:

Ex.B1-Terms and conditions of application form dt.22-7-2007

Ex.B2-Ledger of account in 1954196 dt.22-7-2007 to 21-8-2007

Ex.B3-Letter to complainant dt.20-2-2009

Ex.B4-Letter to complainant Dt.22-3-2009.

Ex.B5-Approved layout copy issued by HMDA dt.7-10-2009

Ex.B6-Sale deed of third party

Ex.B7-Sale deed of third party.

Ex.B8-Sale deed of third party.

Ex.B9 Lay out plan of silver sands.

Sd/-PRESIDENT.

Sd/-MEMBER.

JM