Date of Filing :22-09-2014
Date of Disposal:18-05-2015
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE
Monday, this the 18th day of May, 2015
PRESENT: Sri P.V. Krishna Murthy, B.A., B.L., President
Sri M. Subbarayudu Naidu, Member.
C.C.No.68/2014
1. | Mahammad Akhil Ali Baig, S/o.Md.Chand Basha, Hindu, Flat No.G-2, |
2. | Akili Usha, W/o.B. Suresh Babu, Hindu, Flat No.G-1, |
3. | Nagalla Srivani, W/o.Ravi, Hindu, Flat No.202, |
All are residents of Yagna Park Apartments, Satyam G Nagar, Vaviletipadu, Nellore Rural Mandal, Nellore District. ..… Complainant |
Vs.
1. | Yagna Builders, Represented by it’s Managing Partner, Bale Nageswar Raj, S/o.Naga Mallaiah, Satyam G Nagar, Plot No.27, F Block, Vaviletipadu Village, Nellore Rural Mandal, Nellore District. Presently residing at Flat No.403, Mini Bye Pass Road, Mythri Apartments, Back side of Demro Show Room, Dargamitta, Nellore. |
2. | Satyam G Land Developers and Builders, Represented by it’s Managing Partner, D.No.16/1023, Haranadhapuram Main Road, Nellore. ..…Opposite parties |
This complaint coming on 01-05-2015 before us for hearing in the presence of Sri Md. Rahimkhan, advocate for the complainant and opposite parties 1 and 2 called absent and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY Sri P.V. KRISHNA MURTHY, PRESIDENT)
The brief averments of the complaint are as follows:
The first opposite party is the builder. The second opposite party is the main concern of the first opposite party. The opposite parties are dealing in construction of houses and apartments. The complainants purchased undivided share each (33 and ½ ankanams) of land in Vaviletipadu village under sale deed. The first opposite party entered into agreements with the complainants for construction of flats in their lands. The opposite parties however have not completed construction of compound wall from South to West, generator not installed, transformer not erected, elevation changed, uncompleted steps and no railing was erected to the steps, out door paint second coating not done, drainage facilities not provided, car parking not allotted and registered and road from main road to apartment not constructed, inspite of giving possession to the complainants. The same amounts to deficiency of service. The builder has not completed the above things inspite of agreeing to do the same. The opposite parties have promised to complete the things whenever the complainant approached them. Hence, the complaint for completion of the above unfinished works or pay Rs.15,00,000/- towards construction of their work with costs and damages.
2. The opposite parties have not contested the matter.
3. Now the point for consideration is “whether the opposite parties committed a deficiency of service?”
4. The complainant filed their affidavits as P.W.1 to P.W.3 and marked Exs.A1 to A9.
5. POINT: The complainants are the apartment owners. They filed this case against the builder and a developer. The second opposite party is alleged to be the main concern and the developer. However, the agreement for the construction of the apartment is between the complainant and the first opposite party. The second opposite party has nothing to do with the agreement between the complainant and the first opposite party. As such, the complaint against the second opposite party does not lie. The complainant alleged that the first opposite party has not provided the nine features as mentioned in para-3 of the complaint. Normally these features will be promised by almost all the builders in the brochure supplied by them. The contents of the brochure are not empty promises. They are the features undertaken by the builder to provide on payment of money from the apartment owner. Therefore, they are in the nature of services promised by the builder. Failure to provide any one of them amounts to deficiency of service. The first opposite party inspite of having an opportunity to contest the matter has not contested the case. In the absence of such contest, the averments of the complaint were established by the complainant. The complainant in his evidence deposed to the same. Therefore, the first opposite party committed a deficiency of service. The first opposite party is directed to complete provision of the above nine features ( as mentioned in para-3) within one month from the date of the order in this case. In addition, the first opposite party is directed to pay damages of Rs.30,000/- and costs of Rs.2,000/-.
6. In the result, the complaint is allowed ordering the first opposite party to provide the nine features mentioned in para-3 of the complaint within one month from the date of the order and also pay damages of Rs.30,000/- (Rupees thirty thousand only) and costs of Rs.2,000/- (Rupees two thousand only). The complaint is dismissed against the second opposite party without costs.
Dictated to Stenographer, transcribed by her corrected and pronounced by us in the open Forum, this the 18th day of May, 2015.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined for the complainant
P.W.1 - | 20-04-2015 | Sri Mahammad Akhil Ali Baig, S/o.Md.Chand Basha, Nellore District (Chief Examination filed). |
P.W.2 - | 20-04-2015 | Sri Akili Usha, W/o.B. Suresh Babu, Nellore District (Chief Examination filed) |
P.W.3 - | 20-04-2015 | Sri Nagalla Srivani, W/o.Ravi, Nellore District (Chief Examination filed) |
Witnesses Examined for the opposite parties
-Nil-
EXHIBITS MARKED FOR THE COMPLAINANT
Ex.A1 - | 03-05-2012 | Photocopy of agreement between opposite party No.1 and the 1st complainant. |
Ex.A2 - | 22-07-2011 | Photocopies of agreement between opposite party No.1 and the 2nd complainant, driving license No.DLFAP0262108 32009 and House Hold Card No.PAP098205800145. |
Ex.A3 - | 24-10-2011 | Photocopies of agreement between opposite party No.1 and the 3rd complainant, driving license No.DLFAP0262108 32009 and House Hold Card No.WAP091700800230 and receipt No.136 . |
Ex.A4 - | 18-04-2012 | Photocopy of agreement between opposite party No.1 and the 1st complainant. |
Ex.A5 - | 22-07-2011 | Photocopy of agreement between opposite party No.1 and the 2nd complainant. |
Ex.A6 - | 24-10-2011 | Photocopy of agreement between opposite party No.1 and the 3rd complainant. |
Ex.A7 - | 08-01-2014 | Legal notice from complainant’s advocate to the opposite parties alongwith two registered post receipts. |
Ex.A8 - | - | One postal acknowledgement received from opposite party No.2 sent by the complainant’s advocate. |
Ex.A9 - | - | Photocopy of returned speed post paper |
EXHIBITS MARKED FOR THE OPPOSITE PARTIES
-Nil-
Id/-
PRESIDENT
Copies to:
1. | Sri Md. Rahimkhan, Advocate, Nellore. |
2. | M/s.Yagna Builders, Represented by it’s Managing Partner, Bale Nageswar Raj, S/o.Naga Mallaiah, Presently residing at Flat No.403, Mini Bye Pass Road, Mythri Apartments, Back side of Demro Show Room, Dargamitta, Nellore. |
3. | M/s.Satyam G Land Developers and Builders, Represented by it’s Managing Partner, D.No.16/1023, Haranadhapuram Main Road, Nellore. |
Date when free copy was issued:
