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.173 of 2014
Between:
Sri Sammeta Suresh, S/o Seshagiri Rao, Hindu, 45 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 venture. The opposite party promised the complainant that the opposite party will allot a plot in its venture. 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 pay order. Subsequently the complainant also paid Rs.2,00,000/- on 17.1.2012 by way of five pay orders each for Rs.40,000/-. 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 in any of its ventures, but the opposite party did not respond. Therefore the complainant got issued a legal notice on 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 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. The 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 in
not registering the plot in its venture after receiving sale consideration?
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 it is true that the complainant paid an amount of Rs.1,00,000/- through Pay Order No.547899 dated 30.12.2011; and an amount of Rs.40,000/- each by way of pay order Nos.548085 to 548089 dated 17.1.2012 under Ex.A.7 to Ex.A.11 to the opposite party to purchase the plot in any venture of the opposite party. But the opposite party did not allot any plot in its venture. On several requests of the complainant the opposite party postponed the same. Finally the complainant issued a legal notice Ex.A.1 dated 27.3.2014 to the opposite party demanding to allot plot in any venture of the opposite party within one week from the date of receiving the legal notice or otherwise to refund the amount paid by the complainant with interest at the rate of 24% per annum, 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. But the opposite party did not respond for the legal notice of the complainant. The complainant invest his money with the opposite party to purchase a plot for his house construction 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 to the complainant. 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. He did not invest his money with the opposite parties for interest. 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 register a plot in its venture as promised and got the money from 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.Suresh 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.1,00,000/- issued by the opposite party.
Ex.A.5 20.01.2012 Advance receipt for Rs.2,00,000/- issued by the opposite party.
Ex.A.6 30.12.2011 Photocopy of bankers cheque for Rs.1,00,000/-.
Ex.A.7 17.01.2012 Photocopy of bankers cheque for Rs.40,000/-.
Ex.A.8 17.01.2012 Photocopy of bankers cheque for Rs.40,000/-.
Ex.A.9 17.01.2012 Photocopy of bankers cheque for Rs.40,000/-.
Ex.A.10 17.01.2012 Photocopy of bankers cheque for Rs.40,000/-.
Ex.A.11 17.01.2012 Photocopy of bankers cheque for Rs.40,000/-.
On behalf of the opposite party:
Nil.
PRESIDENT(FAC)
