This case is coming for final hearing on 05.12.2014 in the presence of Smt.B.Varalakshmi Advocate for the Complainant and of Sri Lodagala Krishna and Karri Parthasaradhi Advocates for Opposite Parties and having stood over till this date, the Forum delivered the following:

: O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on

behalf of the Bench)

1.       The Case of the complainant is that the opposite parties are doing business and have been lured and induced into the boastful assertions as mentioned by the 1^st opposite party and their agents claiming about providing the facilities such as Studio  Blue(5 years) and benefits like owning plot of 150sq.yds.  The Complainant with an intention to acquire house site, paid an amount of Rs.40,000/- vide receipt No.9594 on 18.04.2011 and Rs.10,000/- vide receipt No.9595 dated 18.04.2011 towards initial payment for Studio Blue (5 years) plus plot to the opposite parties.  The Complainant stated that the opposite parties informed that the Plot would be issued to the complainant within one month and it will be registered within short time.  The complainant visited the opposite parties’ office for several times for registration of plot and also claiming other facilities such as Studio Blue(5 years) but the opposite parties failed to do so.  Then, the complainant issued a letter on 16.08.2012 to the opposite parties and the same was received by them and made phone calls to the complainant that they would comply the demands of the complainant and resolved the issues, but there is no positive response and moreover dragged the matter by saying cock and bull stories to the complainant when he visited the office of the opposite parties.  Again, the complainant issued a letter to the 1^st opposite party on 07.02.2013 for refund of the amount with interest at 24% p.a. but there is no response from the opposite parties.  While so, the complainant effected heart attack due to the acts of the opposite parties and under gone heart operation on 21.03.2013.  Because of the acts of the opposite parties, the complainant and his family members faced mental, physical and financial hardship.  Hence, the complainant is entitled for compensation of Rs.2,00,000/-.  The acts of the opposite parties clearly shows the deficiency of service on their part, hence this complaint to direct the opposite parties;

a)      to refund the amount of Rs.50,000/- with 24% p.a. interest from 18.04.2011 till the date of realization. 

b)      to pay Rs.2,00,000/- towards compensation besides costs of Rs.10,000/-.

2.       On the other hand, the 1^st opposite party filed its counter and the same was adopted by the 2^nd opposite party.  The opposite parties pleaded that the allegations mentioned in the complaint are all not true and there is no deficiency of service on the part of the opposite parties, the complainant filed frivolous and vexatious complaint with unlawful gain from the opposite parties.   The complainant not paid full installments amount to the opposite parties and as such there is no necessity to register the plot in his name.  The opposite parties fulfilled their part of obligation, but the complainant did not come forward to pay the balance installment amount, hence without receiving total amount, the opposite parties could not register the plot in the name of complainant.  Hence, as there is no deficiency of service on the part of the opposite parties, this complaint is to be dismissed. 

3.       At the time of enquiry, the complainant filed his evidence affidavit along with documents and Exhibits A1 to A7 are marked.  On the other hand, the opposite parties filed their counter and evidence affidavit, but no documents are filed on behalf of the opposite parties. Both parties filed written arguments and heard both the counsels who reiterated their versions.

4.       In view of the respective contentions, the point that would arise for determination is:-

Whether there is any deficiency in service on the part of the opposite parties, if so can the complainant entitle for the reliefs prayed for?

5.       As per Ex.A1 and A2 issued by the opposite parties on 18.04.2011 bearing Receipt Nos.9594 and 9595 for an amount of Rs.40,000/- and Rs.10,000/- respectively is not in dispute.  But the contention of the opposite parties is that the complainant did not pay the total amount, hence the registration was not done by them.  But the opposite parties either in its counter or evidence affidavit not mentioned about how much amount to be paid by the complainant.  Ex.A3 and A4 are the letters addressed by the complainant to the opposite parties on 16.08.2012 and 07.02.2013 by mentioning that either to register the plot or to refund the amount.  But the opposite parties denied regarding the issuance of the letters by the complainant.  But it is to be noted that no letter was issued by the opposite parties regarding the balance payment of Studio Blue(5 years) + plot to be paid by the complainant.  Ex.A5, A6 and A7 clearly shows that the complainant diagnosed Coronary Artery Disease and went for heart surgery. 

6.       The version of the complainant is that he paid Rs.50,000/- towards Studio Blue (5 years) + plot which was clearly acknowledged in Ex.A1 & A2 by the opposite parties.  But the opposite parties failed to register the plot then, the complainant issued letters either to register the plot or to refund the amount, but there was no reply.  The version of the opposite parties is that the complainant is a defaulter and not paid the full installment amount to the opposite parties, hence there is no necessity to register the plot in the name of the complainant.  But here it is to be noted that no letter was issued by the opposite parties demanding the balance amount to register the plot, but they simply kept quite after receiving Rs.50,000/- from the complainant and blindly took a plea that there is no necessity to register the plot in his name.  More over to show their plea, no evidence i.e., terms and conditions were filed by the opposite parties regarding the issue of registration if the payment was not done totally by the parties. 

7.       Hence, in our view the Opposite parties are liable to pay amount which was paid by the complainant i.e., Rs.50,000/- with 9% interest from the date of payment i.e., 18.04.2011 is just and reasonable. 

8.       Ex.A5 shows that the complainant went for heart surgery and his plea is that because of the acts of the opposite parties only he faced so much mental, physical and financial hardship and he under went heart surgery.  It is true that being a middle class man spending Rs.50,000/- with a fond hope to owning a house site, but because of the acts of the opposite parties the complainant could not fulfill his dream.  Moreover, he has to spend so much amount to purchase the same plot, now a days, thus, the complainant deprived of having a own site in his name.  Hence, the opposite parties have to pay Rs.5,000/- towards compensation besides costs which would be just and proper. 

          Accordingly, this point is answered.

9.       In the result, the complaint is allowed directing both the Opposite parties to pay Rs.50,000/- with 9% interest per annum from 18.04.2011 within three months, failing which to pay the same with 12% interest.  The opposite parties are further directed to pay Rs.5,000/- towards compensation besides costs of Rs.1,500/-. 

  Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 16^th day of December, 2014.

      Sd/-                                                                                                Sd/-

Member                                                                 President (FAC)

                                                                   District Consumer Forum-I 

                                                                             Visakhapatnam

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:

      Sd/-                                                                                                Sd/-

Member                                                                  President (FAC)

                                                                   District Consumer Forum-I

                                                                             Visakhapatnam

//VSSKL//