BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Tuesday the 30th day of September, 2008
C.C.No. 28/08
Between:
M. Subramanyam, S/o. Shankar Reddy,
R/o.H.No.41/216, 1st Floor, Kothapeta, Kurnool. … Complainant
Versus
M/s. Sri Vishnu Priya Estates, Represented by its Managing partner, Subramanayam,
H.No.43/259, Narasihma Reddy Nagar, Kurnool. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate, for the complainant, and Sri.T.Siva Kumar, Advocate, for the opposite party and upon perusing the material papers on record, the Forum made the following
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.28/08
1. This consumer complaint of the complainant is filed U/S 12 of C.P.Act, 1986, seeking a direction on opposite parties to register the house plot in the name of the complainant , to pay Rs.10,000/- as compensation, costs of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainants case is that in the November, 1986 the complainant joined as a member in the house plot scheme run by opposite party in the name and style of “ Sri Vishnu Priya Estate” and membership No.521 was given to him and the plot size was 20 x 55 Sq feet and the monthly prescription was Rs.160/- p.m and term of the scheme was 40 months. The complainant paid 39 installments and the 40th installment has to paid at the time of registration and there after the opposite parties did not register the plot, therefore on 1-8-2007 the complainant got issued legal notice, the opposite party though received did not neither replied nor registered the plot. Hence, resorted to the forum for reliefs.
3. In support of his case the complainant relied on the following documents viz., (1) a bunch of 35 receipts and (2) office copy of legal notice dated 1-8-2007 along with acknowledgement and postal receipts, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex.A1 and A2 for its appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite party appeared through their counsel and contested the case by filling written version.
5. The written version of opposite party denies all the allegations made in the complaint but submits that the complainant has no cause of action for filling this case before the forum and not approached the forum with clean hands and as per broucher of “ Vishnu Priya Nagar “ 48 installments are to be paid but the complainant filed only 35 receipts, means he was a defaulter . The said scheme was closed in 1989 and this forum has no jurisdiction . It also submits that the complainant never approached them for registering the plot. Now after a time gap of 21 years the complainant approached forum. Hence, the complaint is not maintainable on the point of limitation and lastly seeks for the dismissal of complaint with costs.
6. In support of their case the opposite party relied on Ex.B1 printed Xerox of conditions of Vishnu Priya Nagar for house sites installment benefit scheme, besides to the sworn affidavit of the complainant in reiteration of his written version averments and the above document is marked as Ex.B1 for its appreciation in this case and replies to the interrogatories exchanged.
Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties ?
7 . It is the case of the complainant that he joined as a member with opposite party under the scheme of “Vishnu Priya Estates” in November, 1986 . The said scheme was for 40 installments for 40 months and installments amount is of Rs.160/- P.M. The complainant paid 39 installments vide Ex.A1 , the Ex.A1 is the bunch of 35 receipts as to the payment of 39 installments by the complainant M. Suramanyam for Rs.160/- P.M towards plot in “ Vishnu Priya Estates” . The complainant further submitted that the 40th installment to be paid at the time of registration and inspite of payment of all installments and several requests the opposite party did not register the plot, being vexed the complainant got issued legal notice vide Ex.A2. The Ex.A2 is the legal notice dated 1-8-2007 of complainants counsel addressed to opposite party , the same grievances as to the payment of Rs.160/- P.M for 39 installments by the complainant to the opposite party and even after said payment the opposite party did not register the plot in “ Vishnu Priya Estates” in favour of complainant. The opposite party though received the said legal notice did not choose to reply. But on the other side the opposite party in their written version averments submitted that the Vishnu Priya Estaes scheme was for 48 months as per Ex.B1. The Ex.B1 is the broucher of Shri. Vishnu Priya Estates where in it was mentioned that the said scheme was for 48 months and the installment was for Rs.160/- pm. The opposite party submits that the scheme was started in the year 1986 and closed in the year 1989 and this complaint by the complainant in this forum is filed in this forum on 26-12-2007 i.e., after a lapse of 18 years . The last installments i..e the 39th installments was paid on 12-9-1989, taking the said date as last cause of action, the complaint is filed after a lapse of 18 years. As per Sec.24 A of C.P.Act, 1986 a complaint has to be filed within two years from the date of last cause of action. In this case the last cause of action aroused on 12-9-1989 . Hence, the complaint of the complainant is clearly barred by limitation.
8. But the complainant place reliance on the decision of Madhya Pradesh State Commission reported in II 1998 CPJ Pg 64, between Gwalior Development Authority Vs. Manju Nayak & 4 ors. Where in it was held that when the complainant deposited earnest money for plot and non allotment of plot for several years by the opposite party ,there after refused for allotment of plots to the complainant and the opposite party questioned limitation aspect, it was held that cause of action for the complainant continued to exist till the filling of the complaint. In this case question of allotment of plot does not arise , there is no material placed on record by the complainant to show that the scheme was for 40 installments only, where as the Ex.B1 clearly shows that the scheme was for 48 months, the complainant admits that he paid only 39 installments , as per Ex.B1 the complainant has to pay 48 installments , hence it is clear that the complainant was defaulter of 9 installments, hence the complainant cannot seek for registration of plot in his favour. Hence for application of above cited decision the complainant has to pay all the installments then he has a continuous cause of action till the filling of the complaint by him. Therefore, the decision relied by the complainant has no applicability to this case.
9. But it is clear that the complainant paid 39 installments of Rs.160/- each to the opposite party, as the complainant defaulted for 9 installments registration of plot cannot be ordered. But regarding the payment of Rs.160/- P.M for 39 installments by the complainant to the opposite party, the complainant can seek refund as to said payment. But going into the merits of the case the last installment was paid by the complainant on 12-9-1989 and for said refund of payment , the complainant has to file his complaint before 11-9-1991, within 2 years, after the last cause of action , but his complaint is filed in this forum on 26-12-2007 . Therefore, the complaint is clearly barred by limitation as per 24 –A of C.P.Act, 1986 . Hence, no reliefs can be granted to the complainant and the complaint is dismissed for want of merit and force.
In the result, the complaint is dismissed.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 30th day of September, 2008.
Sd/- Sd/-
MEMBER PRESIDENT PPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Bunch of 35 receipts.
Ex.A2. Office copy of legal notice dated 1-8-2007 along with
postal receipt and acknowledgement.
List of exhibits marked for the opposite parties:
Ex.B1. Printed Xerox of condition of Vishnu Priya Nagar
for house sites installment benefit scheme.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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