TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :

AT HYDERABAD

CC NO. 3 OF 2013

Between :

Ravauri Subba Rao S/o Satyam,

Aged 58 years, Occ: Retd. Govt. Servant,

R/o Plot No.103, Gautam Nagar,

Vanasthalipuram, R.R. District.

Complainant

And

M/s Rainbow Constructions,

Rep. by its Proprietor Mr.P.J.Suresh Kumar

S/o P.Samson, aged about 50 years,

Occ: Advocate, having office at

H.No.11-4-646, G2 Cellar,

Vijaya Hills Apartment, A.C.Guards,

Near Lakdikapul, Hyderabad – 500 004.

Also at :

P.J.Suresh Kumar – Proprietor,

M/s Rainbow Constructions,

H.No.7-89, Elkaguda village,

Moinabad Mandal, R.R. District.

Opposite parties

Counsel for the Complainant              :        M/s D.Rajaekhar

Counsel for the Opposite parties                   :        M/s P.Rajasripathi Rao

Coram                  :

Hon’ble Sri Justice B.N.Rao Nalla  …      President

Monday, the Sixteenth day of November

Two thousand Fifteen

Oral Order : (per Hon’ble Sri Justice B.N.Rao Nalla, Hon’ble President)

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          This is a complaint filed under section 17 (1)(a)(i) of Consumer Protection Act, 1986 by the Complainant seeking direction to the Opposite party herein to

(A)     complete and deliver to the complainant in habitable condition the Flat No.102, 201, 301 & 302 falling in the 45% share of the Complainant on ground + 3 upper floors in RAVURI TOWERS bearing Plot No.A-86/1 in Survey Nos.96/2 & 96/3, situated at P & T Colony, Bandlaguda Jagir village, Rajendra Nagar Mandal, R.R. District as per clause 5 of the Development Agreement-cum-GPA dt:29.07.2008 and clause 1 (page 2) of Supplementary Agreement dt.01.09.2008 within a fixed time frame;

(B)     complete and deliver to the complainant the 45% parking space with duly finished flooring on the ground floor in RAVURI TOWERS and demarcate such parking space as per clause-17 of the Development Agreement-cum-GPA dt.29.07.2008 within a fixed time frame;

(C)     direct the Opposite party within a fixed time frame to erect and complete the duly plastered on both side boundary wall for RAVURI TOWERS i.e., (4) walls enclosing the entire apartment in RAVURI TOWERS bearing Plot No.A-86/1 in Survey Nos.96/2 & 96/3, situated at P & T Colony, Bandlaguda Jagir village, Rajendra Nagar Mandal, R.R. District covering the entire land admeasuring 300 square yards;

(D)    direct the Opposite party to complete within a fixed time frame, the following unfinished work and provide the following common amenities in RAVURI TOWERS bearing Plot No.A-86/1 in Survey Nos.96/2 & 96/3 situated at P & T Colony, Bandlaguda Jagir village, Rajendra Nagar Mandal, R.R. District:

          a)      External plastering of the entire building

          b)      Flooring in the common area of all floors as per specifications

          c)       External painting of entire building

d)      Over head water tank and underground sumps for borewell water and tap water separately

e)      Erection of transformer

f)       Installation of Lift & standby Generator

And if the Opposite party fails to complete the work within time as directed by this Commission, this Commission may be pleased to appoint a Chartered Engineer to estimate the cost of unfinished work in Flat No.102, 201, 301 & 302 AND the estimated cost of unfinished work of common amenities in the entire building and direct the Opposite party to pay to the complainant such cost of unfinished work to enable him to complete the remaining work himself through any Engineer on the basis of estimated cost by a Chartered Engineer appointed by this Commission as per clause-28 of the Development Agreement-cum-GPA, dt.29.07.2008.

(E)     Direct the Opposite party to pay to the complainant a sum of Rs.13,20,000/- towards arrears of damages and compensation from 01.03.2010 to 01.03.2012 (33) months @ Rs.10,000/- per unit for 4 units as per clause-28 of the Development Agreement-cum-General Power of Attorney bearing document No.2981/2008, dt.29.07.2008 and continue to pay Rs.40,000/- per month till delivery of finished units to the Complainant in RAVURI Towers

(F)     grant compensation of Rs.2,50,000/- to the Complainant towards mental agony, emotional suffering as the Consumer Protection Act, 1986 encompasses all these factors in its fold

(G)    grant punitive damages under C.P. Act, 1986.

(H)     award the costs

(I)      grant such other relief as this Hon’ble Forum deems fit and proper in the circumstances of the case.

2.       Counsels on either side present.  Full satisfaction memo filed dated 09.09.2015 filed by the Complainant on 13.11.2015 to the effect that the matter is settled amicably outside the court and that the Opposite party has delivered physical, peaceful vacant possession of the flats to the Complainant and settled all the issues in between the parties and that the Complainant satisfied and willing to withdraw the complaint.  Accordingly prayed to dismiss the complaint as settled. 

3.       Complainant present in person and reported that the matter is settled out of court and prayed for dismissal of the complaint.  

3.       Heard.  Perused the memo.

4.       In view of the memo filed and the circumstances stated therein, this complaint is dismissed as settled out of court.  Parties to bear their own costs.

PRESIDENT

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