This case is coming for final hearing on 08.04.2015 in the presence of M/s S.Srinivasa Rao Advocates for Complainant and Opposite Party called absent and set exparte and having stood over till this date, the Forum delivered the following:

: O R D E R :

(As per Sri V.V.L.Narasimha Rao, Honourable Member on

behalf of the Bench)

1.     The present complaint is filed by the complainant under Section-12 of Consumer Protection Act against the opposite party on 10.07.2014 and requested the Forum to direct the opposite party 1) to pay Rs.4,000/- per month from March, 2013 at interest of 24% p.a. till realization and also to direct the opposite party to pay Rs.4,000/- per month till completion of 15 months period as contemplated by the opposite party in the paper advertisement 2) to pay Rs.1,00,000/- towards compensation 3) to pay Rs.25,000/- towards costs for litigation 4) to pay Rs.1,00,000/- towards costs for damages.

2.     The brief averments are as follows: The opposite party has gave a paper advertisement published in Eenadu local edition on 29.04.2010 stating that three bed room and two bed room air conditioned deluxe flats were for sale at Rs.1,800/- per sft.  The purchasers can get cash back offer of Rs.4,000/- per month up to 15 years.  The said flats of Aditya Constructions is located at Sheelanagar near Ayyappa Temple on going through the paper advertisement given by the opposite party, the complainant approached the opposite party and he purchased the semi constructed Flat No.103 from the opposite party vide registered Sale Deed under Doc.No.3165/2010.  The complainant has purchased the said Flat No.103 from the opposite party by obtaining LIC housing finance and paid Rs.11,60,000/- to the opposite party. Apart from that after purchasing semi constructed flat from the opposite party, the complainant has entered into agreement with the opposite party for additional construction on 26.05.2010 and paid Rs.6,32,000/- to the opposite party towards construction work as per the agreement.  As per the agreement for completion of the further construction work/additional work the opposite party has to provide all the amenities as agreed by the opposite party in agreement dated 26.05.2010.

3.     As per the admission of the opposite party in paper advertisement dated 29.04.2010 the opposite party has paid an amount of Rs.4,000/- per month up to March, 2013 i.e., 23 payments to the complainant vide cheque payments.  All of a sudden after March, the opposite party has stopped payment of the amount of Rs.4,000/- and then the complainant got issued legal notice on 18.04.2013 after receiving the legal notice the opposite party gave reply for legal notice on 14.05.2013 stating that the opposite party has lodged a complaint against the complaint vide agreement No.170/2013 in IV Town Police Station and demanded the complainant to withdraw the facts mentioned in the legal notice dated 18.04.2013.  Hence, as there is no other way, the complainant has approached the Forum seeking relieves as sought for.

4.     The notices were severed to the opposite party from the Forum and as there is no representation on 09.09.2014 and that too the notice which was served to the opposite party was returned as “not claimed”.  The opposite party has been “set exparte”. 

5.     On perusal of the facts and circumstances along with documents furnished by the complainant, the Forum framed the following issues for consideration;

1)     Whether there is deficiency of service on the part of the opposite party?

                           2)     To what relief?

6.     The Complainant filed his evidence affidavit and on his behalf Exhibits A1 to A13 were marked.  The complainant submitted his written arguments and also adduced his oral arguments.  Heard complainant.  Though the opposite party was set exparte, having opportunity to submit oral arguments, the opposite party did not avail the opportunity and then, the Forum has posted this matter for orders to decide it on merits. 

7.     Point Nos.1 and 2: The present complaint is filed by the complainant for claiming the amount of Rs.4,000/- per month towards the additional benefit which was admitted by the opposite party in the paper advertisement on 29.04.2010.  The complainant is stated in the complaint that after purchasing the Flat on 26.07.2010 the opposite party had paid Rs.4,000/- per month i.e., cash back offer as admitted in the paper advertisement given by him till 15.03.2013.  Thereafter, as the opposite party has stopped the payment, legal notice has been issued to him.  As the opposite party has given vague reply with regarding to the payment of Rs.4,000/- per month as admitted in the paper advertisement the present complaint is filed. Ex.A7 is the Sale Deed for purchasing semi constructed Flat No.103 for Rs.6,10,000/- from the opposite party. Ex.A8 is additional construction agreement dated 26.05.2010 between the complainant and the opposite party for completing the unfinished works for the Flat No.103.  Ex.A9 and Ex.A10 are the documents related to the payment of the LIC housing loan for purchasing Flat No.103 from the opposite party.  Ex.A1 to A5 are the payment receipts executed by the opposite party for receiving Rs.6,32,000/- from the complainant.  Ex.A6 is the paper advertisement dated 29.04.2010 along with photograph of the Annapurna Arcade Apartment which shows the view of the apartment.  In Ex.A6 Paper Advertisement reveals that; 1) 1420sft three bed room air conditioned Flat with lift having generator for 24 hours and two car parkings along with three years maintenance free provision is on sale for Rs.1800 per sft whose who purchased three bed room first floor east face flat could get Rs.4,000/- cash back offer up to 10 years from the date of purchase of the flat.  2) Two bed room air condition deluxe with car parking north face Flat with provisions of lift, generator system and cellar system is on sale for Rs.1800/- per sft.  Those who purchase the two bed room air condition flat they will get cash back offer of Rs.4,000/- per month up to 15 years.

8.     The Complainant purchased the semi constructed Flat of two bed room from the opposite party vide Ex.A7 and thereafter entered into additional construction agreement with the opposite party for completing the construction work vide Ex.A8.  The bank statement of the complainant of Karur Vysya Bank Ltd., reveals that the opposite party has deposited Rs.4,000/- by way of cash back for 8 months.

9.     Observing the Ex.A6, A7, A13 (24 pages Statement) we are of considered opinion the opposite party having stood on his promise has deposited an amount of Rs.4,000/- per month in the opposite party’s bank account as admitted in Ex.A6 paper advertisements cited in Eenadu Local Edition on 29.04.2010.  But observing the reply notice given by the opposite party i.e., Ex.A12 dated 18.12.2013 it seems that he himself denying the said averments and he is intentionally evading the payment of Rs.4,000/- per month from March, 2013 stating that he has not promised to the complainant to pay the same.  When the opposite party himself admits in Ex.A6 paper advertisement dated 29.04.2010 the complainant purchased the flat and he is having every right to ask for the amount of Rs.4,000/- per month from the date of purchase till 15 years.  The opposite party having initially paid the amount up to March, 2013, lateron, he cannot change his version or mind and also he cannot evade the payment of Rs.4,000/- to the complainant.  Hence, observing Ex.A6, A7, A13 along with Ex.A11 and A12 (reply notice of opposite party) we conclude that there is deficiency of service on the part of the opposite party in not depositing the amount of Rs.4,000/- to the complainant for every month as admitted in Ex.A7.

10.    As per the para-9 supra, we have conclude that there is deficiency of service on the part of the opposite party in not paying the amount of Rs.4,000/- from March, 2013 onwards.  Though the opposite party has admitted to pay the “Cash book offer for Rs.4,000/- p.m up to 15 years” the Forum cannot grant reliefs for such a long period.  On perusing the entire facts and circumstances along with documentary evidence furnished by the complainant we are of considered opinion that the complainant is entitled only for the cash back offer benefit as per Ex.A6 i.e., Rs.4,000/- per month from April, 2013 to till date i.e., for 25 months which amounts to Rs.1,00,000/-.  Viewing the circumstances, we are of opinion that the complainant is not entitled for any compensation, but entitled for legal expenses of Rs.10,000/- to be paid by the opposite party.

        Accordingly, point Nos. 1 & 2 are answered.

11.    In the result, the complaint is allowed in part.  The opposite party is directed to pay an amount of Rs.4,000/- per month from April, 2013 to till April, 2015 i.e., till 27.04.2015 which amounts to Rs.1,00,000/-. If the opposite party fails to pay the amount within 30 days, the opposite party is liable to pay interest at 9% p.a. on Rs.1,00,000/- till realization.  The opposite party is also liable to pay Rs.10,000/- towards costs for legal expenditure to the complainant.  Time for compliance is 30 days from the date of receipt of this order.

Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 27^th day of April, 2015.

                   Sd/-                                                                       Sd/-

          President (FAC)                                                              Member      

District Consumer Forum-I                                                                           Visakhapatnam

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:

                  Sd/-                                                                        Sd/-

          President (FAC)                                                              Member      

District Consumer Forum-I                                                                           Visakhapatnam

//VSSKL//