Tamil Nadu

StateCommission

CC/208/2018

Raja Ravi Shankar, S/o R.Sampath Kumar, Rep by his Father and Power Agent R. Sampath Kumar, Chentadripet, Chennai-600 002. - Complainant(s)

Versus

M/s. Amar Prakash Developers Pvt Ltd, Rep by its Director, CHrompet, Chennai-600 044. - Opp.Party(s)

M/s. V. Manisekaran

13 Sep 2021

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:    HON’BLE THIRU. JUSTICE.  R. SUBBIAH ,                        PRESIDENT

               TMT. Dr.S.M.   LATHA  MAHESWARI,                                      MEMBER  

 

C.C.No.208/2018

   THE 13^th DAY OF SEPTEMBER 2021.

 

                                                                        Complaint filed on: 12.11.2018      

                                                                        Orders Pronounced on: 13.09.2021

 

Raja Ravi Shankar,

S/o. R. Sampath Kumar,

55, Rue Du 12 Fevrier,

94 800 Villejuf, France

Being represented by his father and power agent

 

R. Sampath Kumar,

S/o. A.D. Rangadurai,

Old No.21, New No.41, Arunachala Street,

Chintadripet,

Chennai – 600 002.                                                                                                                                                Complainant 

                                                                                         Vs      

M/s. AMAR  PRAKASH  DEVELOPERS  PRIVATE  LIMITED,

Being represented by its Director,

No.42, Rajendra  Prasad Road,

Nehru Nagar, Chrompet,

Chennai – 600 044.                                                                                                                                               Opposite Party 

          

Counsel for the Complainant        :  M/s. V. Manisekaran,   Advocate.    

Counsel for the Opposite Party     :  Ex-parte     

             This complaint is coming before us for final hearing today, on 13.09.2021 and on hearing the arguments of both sides and on perusing the material records, this Commission made the following,

ORDER

HON’BLE THIRU. JUSTICE R. SUBBIAH, PRESIDENT (Open Court).    

 

1.          This complaint has been filed by the complainant under section 17, r/w section 12 of the Consumer Protection Act, 1986 against the opposite party for a direction to the opposite party

a)     to hand over the residential flat bearing Apartment/Unit No.F-102, First Floor, Block No.F, Phase-I, Temple Waves, Kundrathur, Chennai, flat measuring about 911 sq.ft build up areas along covered car parking to the complainant,

b)    to deduct the maintenance charges which was paid in advance by the complainant from the date of handing over the schedule Flat.   

          c)      to pay the excess amount of Rs.2,775/- to the complainant.

d)      to pay all the electricity bills which were not consumed by the complainant till the handing over of the schedule Flat.

e)      to pay a sum of  Rs.49,00,000/- as compensation to the complainant.  

2.       The gist of the complaint averments are as follows;-   The complainant is residing in France.  In the year, 2014 when he arrived at the exit of the Chennai Anna International  Airport  received brochures of the project “ Temple Waves” launched by the opposite party at Kundrathur, Chennai from the sales representative of the opposite party.  Since the complainant was interested in purchasing a flat he registered his contact details with the representatives of the opposite party. After two days, the complainant received a call from the opposite party to visit their site.  Hence, the complainant along with his father and power agent visited the site and they were impressed by the location etc. Therefore, the complainant wanted to purchase a flat in the said project through home loan. Hence, the opposite party introduced the complainant to HDFC Home Loan service representative who was also present at the site who explained the details of the home loan to the complainant.  The complainant booked a residential flat in the first floor measuring about 911 sq.ft bearing apartment/unit No.F.102, Block No. F, Phase -1, Temple Waves land situated at Kundrathur Village, Sriperumpudur Talauk, Kancheepuram District in the said project with a covered car parking for a total cost of Rs.31,81,751/- towards cost of construction of the apartment/unit inclusive of pro rata cost of procuring service connections and deposit and charges for water, reticulated piped gas, usage charges of allotment of concerned car parking, EB deposit and connections charges, infrastructures fees, etc,. The complainant paid an advance amount of Rs.1,00,000/- by cheque bearing No.756611, dated 27.09.2014 drawn in State Bank of India, Chintadripet Branch, Chennai and  entered into an agreement of Project Promotion and Construction with the opposite party on 18.01.2015 and thereby agreed to purchase an undivided share, right and interest of 342 sqft in the total land measuring 15 Acres and 55.02 Cents comprised in survey Nos. 616/1, 707/1A, 7-7/1B, 7-7/3, 708/3, 709 part, 710/1, 721/1, 721/2, 726/1, 727/2, 727/1A, 727/1B, 727/2, 728/1, 728/2 part and 734 part, land situated at Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District from the opposite party who is the power agent of A. Sudhir Kumar Surana and 6 others for a total sale consideration of Rs.5,47,200/- and amenities and other charges amounting to Rs.6,46,204/- and the total cost of Apartment, undivided share, right and interest and amenities and other charges to be paid by the complainant to the opposite parties was Rs.43,75,155/-.  For the balance amount, the complainant approached HDFC Bank, Chennai and got sanctioned a home loan of Rs.35,00,000/- with the rate of interest 8.65% per annum. Again Project Promotion and Construction Agreement with the opposite party was executed by the opposite party under the Document No.732 of 2015, Book No.1, dated 18.01.2015 in the Sub Register Office, Kundrathur for the aforesaid Apartment in favour of the complainant and the opposite party being a power agent of Mr. A. Sudhir Kumar Surana and 6 other by a registered sale deed bearing Document No.733 of 2015, Book No.I, dated 22.01.2015 executed in the SRO , Kundrathur conveyed the aforesaid UDS in favour of the complainant. The opposite party  by furnishing the letter as per the completion of flat in stage wise took the loan disbursement amount directly  from the bankers of the complainant in two stages and as on 07.10.2016 the complainant paid Rs.43,77,930/- to the opposite party against total agreed amount of Rs.43,75,155 and the complainant had paid an excess amount of Rs.2,775/- to the opposite party but the opposite party failed to hand over the possession of the aforesaid flat and covered car parking to the complainant. The details of payments made by the complainant to the opposite party are as follows;-

______________________________________________________________________________

Sl.No.        Date       Cheque No.        Bank & Branch                                   Rs.

____________________________________________________________________________________

1.         27.09.2014     756611   State Bank of India Cheque vide           Rs. 1,00,000/-

receipt No.TW/14-15/SO/128, dated

                                               27.09.2014 issued by the complainant                                     

                                               to the opposite party

 

2.        28.10.2014     756612     State Bank of India Cheque vide           Rs. 1,00,000/-

receipt No.TW/14-15/SO/0129, dated

                                               27.09.2014 issued by the complainant                                     

                                               to the opposite party

3.       31.12.2014      Cash        Receipt No.APD/14-15/CO/TW/1070      Rs. 3,87,930/-

                                               dated, 31.12.2014 issued by the

                                               complainant to the opposite party

4.       22.01.2015      540200     H.D.F.C. Bank, Anna Salai Branch,        Rs.32,00,000/-

                                               Chennai – 600 002(through Home Loan)

                                               by the complainant to the opposite party.

5.      07.10.2016      713880     H.D.F.C. Bank, Anna Salai Branch,       Rs.2,10,000/-

                                               Chennai – 600 002(through Home Loan)

Total cost of the apartment, undivided share, Right and interest and   Rs.  43,77,930

Total cost of the Apartment, Undivided Share, Right and Interest and    Rs. 43,75,155/-

Amenities and other charges as per the letter dated 20.01.2015 by the

opposite party to the bankers of the complainant HDFC Bank, Anna Salai,

 

    

But the opposite party has failed to hand over the flat and covered car parking after receiving the entire payment but it was handed over with other flats in the said project to the buyers in a grand handing over function which was held at the project site on 11.10.2016 and the said function was attended by the Father and Power Agent of the complainant.  Since the Flat and covered car parking area was not handed over the father and the power agent of the complainant approached the opposite party, but they were asked to contact the Account Department of the opposite party and on next day the father and power agent of the complainant approached the Account Department of the opposite party but they could not reply properly instead they told that they would clarify with the legal department and will send reply through email. But the complainant did not receive any reply. On 09.09.2017 the complainant sent an email to the opposite party asking for feedback about the handing over of the flat and the covered car parking.  In the month of January 2018, when the complainant came to Chennai and asked the opposite party to make arrangement to inspect the flat, the same was denied by the opposite party and when the complainant asked as to when the Flat would be handed over, no proper reply was given by the opposite party.  Due to the failure on the part of the opposite party in handing over the flat, covered car parking area, the complainant has paid EMIs amount to an extent of Rs.12,56,964/- since 01.02.2015 and he had also lost monthly rental income amounting to Rs.7,40,000/- since 01.02.2015.  The act of the opposite party amounts to deficiency in service and hence, the complainant has come forward with this complaint claiming the reliefs as stated supra.   

2.          Though the opposite party had appeared before this Commission through their counsel on 12.04.2019 subsequently none appeared for the opposite party. Hence, the opposite party was set ex-parte for non-filing of written version.    

3.       To substantiate their case, the complainant has filed a proof affidavit and marked Exhibits A1 to A12 on their side. 

4.           Heard the submissions made by the counsel for the complainant and perused the materials available on record.  On perusal of the records, we find that the complainant has paid a sum of Rs.43,77,930/- to the opposite party  towards the cost of Apartment, Undivided share, Rights and Interests and Amenities and other charges. Though the complainant has paid the said amount, the opposite party did not hand over the residential flat as agreed and as a result of which the complainant incurred financial loss and suffered mental agony.  Hence, the complainant has filed this complaint claiming the reliefs as stated supra. In our opinion, the complainant has proved his case through Exhibits A1 to A12 and hence he is entitled for the relief as sought for.   However, we are of the opinion that a sum of Rs.49,00,000/- sought for by the complainant as compensation for mental agony is on the higher side.  Hence, we are of the opinion that a sum of Rs.5,00,000/-could be awarded as compensation for mental agony which would meet the ends of justice.  Therefore, the complaint is allowed accordingly.

5.            In the result, the complaint is allowed in part and the opposite party is directed 

           a)    to hand over the residential flat bearing Apartment/Unit No.F-107, First Floor, Block No.F, Phase – I, Temple Waves, Kundrathur, Chennai, flat measuring about 911 sq.ft.,. built up area along with covered car parking to the complainant

          b)  to deduct the maintenance charges which was paid in-advance by the complainant from the date of handing over of the schedule Flat, on production of proof for payment of maintenance charges;  

          c)  To pay the excess amount of Rs.2,775/- to the complainant;

          d)  To direct the opposite party to pay all the electricity bills which were not consumed by the complainant till the handing over of the schedule Flat  on production of proof for payment of electricity charges by the complainant;   

               e)  to pay compensation of Rs.5,00,000/- to the complainant;  

               Time for compliance;-   Two months from the date of receipt of copy of this order failing which the amount mentioned in the column (c) and (e) shall carry interest at the rate of 7.5 % per annum from the date of order till realization.     

 

 

 

S.M. LATHA MAHESWARI,                                                                                                                             R. SUBBIAH,

           MEMBER.                                                                                                                                                PRESIDENT. 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT

 

Ex  A1   06.01.2009   General Power of Attorney executed by the complainant in favour

                               of his father, R. Sampath Kumar. 

Ex  A2                      Email communications between the complainant and the

                               opposite party.

Ex  A3   20.01.2015   Letter of permission to mortgage issued by the opposite party

                               to the bankers of the complainant  bearing file No.613566978  

Ex  A4   27.09.2014   Receipt issued by the opposite party to the complainant  bearing

                               No.TW/14-15/SO/0128   

Ex  A5   27.09.2014   Receipt issued by the opposite party to the complainant  bearing

                               No.TW/14-15/SO/0129  

Ex  A6   31.12.2014   Receipt issued by the opposite party to the complainant  bearing

                               No.APD/14-15/TW/1070.  

Ex  A7   18.01.2015   Agreement of Project Promotion and Construction  executed in

                               favour of the complainant by the opposite party

Ex  A8   20.01.2015   Payment Reminder letter issued by the opposite party to the

                               bankers of the complainant.  

Ex    A9   22.01.2015  Sale Deed executed in favour of the complainant by the OP

Ex  A10   25.01.2018  Loan account statement issued by the bakers of the complainant.   

Ex  A11   03.02.2018  Letter issued by the opposite party to the complainant

Ex  A12   22.02.2018  Letter issued by the complainant to the opposite party  

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTY

 

NIL

 

 

 

S.M. LATHA MAHESWARI,                                                                                                                                 R. SUBBIAH,

           MEMBER.                                                                                                                                                     PRESIDENT. 

 

Index: Yes/No

TCM/SCDRC/Chennai/Orders/Sep/2021