Date of filing:1.8.2014.
Date of disposal:25.11.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 25TH DAY OF NOVEMBER, 2014.
C.C.No.174 of 2014
Between:
Sri Sammeta Srinivas, S/o Seshagiri Rao, Hindu, 43 years, R/o Door No.24-28/3-3, Rokallepalem, Vijayawada, Krishna District.
.… Complainant.
AND
M/s The Corporate People, A Real Estate Division, Rep., by its Managing Director, Door No.32-15/39/1, 102, Ground Floor, Surya Heights, Vishalandra Road, Vijayawada.
.… Opposite Party.
This complaint coming on before the Forum for final hearing on 19.11.2014, in the presence of Sri D.V.S.Lokeswara Rao, Advocate for complainant and opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The opposite party approached the complainant and informed that they are doing real estate business and requested the complainant to purchase one plot in any of its ventures. The opposite party promised the complainant that he will allot a plot in its ventures. Believing the same, the complainant intends to purchase a house plot and paid Rs.1,00,000/- towards advance on 30.12.2011 by way of three pay orders. Subsequently the complainant also paid Rs.2,00,000/- on 17.1.2012 by way of a pay order. In all the complainant paid Rs.3,00,000/- to the opposite party for which the opposite party issued receipts. Thereafter the complainant approached the opposite party several times at the office of the opposite party and requested to allot house plot as assured by the opposite party in any of its venture. But the opposite party did not respond properly. Therefore the complainant got issued a legal notice dated 27.3.2014 demanding the opposite party to refund the amount paid by him along with interest. The opposite party received the said notice and kept quiet, which amounts to deficiency in service. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to refund the amount paid by him along with interest at the rate of 24% per annum from the date of payment till realization, to pay Rs.2,00,000/- towards compensation and to pay costs.
2. After registering the complaint, notice was sent to the opposite party, but the opposite party remained absent.
3. Te complainant filed his affidavit and got marked Ex.A.1 to Ex.A.11.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite party
towards the complainant in not register the plot after receiving the sale amount.
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand the complainant paid an amount of Rs.40,000/- Rs.30,000/- and Rs.30,000/- through pay order Nos.547896, 547897 and 547898 and got receipts under Ex.A.8 to Ex.A.10 dated 30.12.2011 respectively and he also paid an amount of Rs.2,00,000/- through pay order No.548083 dated 17.1.2012. Totally the complainant paid an amount of Rs.3,00,000/-. But the opposite party failed to register the plot in favour of the complainant and the complainant approached several times to the opposite party and requested to register the plot in his favour. But the opposite party postponed the same and did not register the plot in favour of the complainant. Finally the complainant got issued a legal notice Ex.A.1 demanding the opposite party to register the plot in the venture of the opposite party or to refund the amount of Rs.3,00,000/- with interest at the rate of 24% per annum within one week from the date of receiving the legal notice otherwise the complainant will take legal steps against the opposite party in the court of law. The opposite party received the said notice under Ex.A.3 and kept quiet. The complainant invest the amount only to get the plot to construct his house but not for interest. No one has right to retain the money of others with him without consideration. Therefore there is deficiency in service on the part of the opposite party towards the complainant and the opposite party is liable to register the plot or to pay the entire amount paid by the complainant with interest. Now a days the prices of the lands are raising rapidly. If the complainant invests the same amount in any genuine real venture in 2011 he would be benefitted with double of the amount. In view of the same the complainant is not only entitled for interest, but also for compensation. Accordingly these points are answered.
POINT NO.3;-
7. In the result, the complaint is allowed and the opposite party is directed to allot and to register a plot in its venture as promised to the complainant or if it is not possible to refund the amount of Rs.3,00,000/- with interest at the rate of 24% per annum from the date of last payment i.e., 17.1.2012 till realization, to pay an amount of Rs.2,00,000/- as compensation for causing loss and to pay Rs.5,000/- as costs to the complainant. Time for compliance one month.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 25th day of November, 2014.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite party:
P.W.1 S.Srinivas None.
Complainant,
(by affidavit)
Documents marked
On behalf of the complainant:
Ex.A.1 27.03.2014 Office copy of legal notice.
Ex.A.2 28.03.2014 Postal receipt.
Ex.A.3 . . Postal acknowledgement.
Ex.A.4 30.12.2011 Advance receipt for Rs.40,000/- issued by the opposite party.
Ex.A.5 30.12.2011 Advance receipt for Rs.30,000/- issued by the opposite party.
Ex.A.6 30.12.2011 Advance receipt for Rs.30,000/- issued by the opposite party.
Ex.A.7 20.01.2012 Advance receipt for Rs.2,00,000/- issued by the opposite party.
Ex.A.8 30.12.2011 Photocopy of bankers cheque for Rs.40,000/-.
Ex.A.9 30.12.2011 Photocopy of bankers cheque for Rs.30,000/-.
Ex.A.10 30.12.2011 Photocopy of bankers cheque for Rs.30,000/-.
Ex.A.11 17.01.2012 Photocopy of bankers cheque for Rs.2,00,000/-.
On behalf of the opposite party:
Nil.
PRESIDENT(FAC)
