Tamil Nadu

North Chennai

CC/173/2016

Mr.R.V.Madhavan - Complainant(s)

Versus

M/s.G.N.Construction - Opp.Party(s)

R.Ponnusamy

04 Oct 2017

ORDER

 

                                                            Complaint presented on:  18.10.2016

                                                                Order pronounced on:  04.10.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY THE 04^th DAY OF OCTOBER 2017

 

C.C.NO.173/2016

 

 

Mr.R.V.Madhavan,

S/o Mr.A.Velayutham,

No.282, Thiruverkadu,

Co-operative Nagar,

Phase – IV,

Chennai – 600 077.

                                                                                    ….. Complainant

 

..Vs..

1.M/s. G.N.Constructions,

A Partnership firm represented by

Its partner/Authorised Signatory,

Thiru.K.Gnesha Pandian, S/o S.Karuppaiah,

Having Office at No.13/3, Govindan Street,

Ayyavoo Colony, Aminjikarai,

Chennai – 600 029.

 

2. Thiru.K.Ganesa Pandian,

S/o S.Karuppaiah, (Partner of M/s. G.N.Constructions),

Residing at No.17/9, Duraiswamy colony,

Arumbakkam, Chennai – 600 106.

 

 

 

 

3.Mr.B.G.Nandagopal,

S/o P.M.Govindasamy,

At No.13/3, Govindan Street,

Ayyavoo Colony, Aminjikarai,

Chennai – 600 029.

.....Opposite Parties

Date of complaint                                 : 23.11.2016

Counsel for Complainant                      : Mr.R.Ponnusamy

Counsel for Opposite Parties                  : Ex - Parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund the amount paid by the complainant and also to pay compensation of Rs.5,00,000/- with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite parties proposed to develop a residential project at No.7 Mahalakshmi Nagar, Karani Puducherry, Urapakkam. For the said project they made advertisement by issuing brochures. The 1^st opposite party is a construction company and the 2^nd & 3^rd opposite parties are the partners in the1st opposite party. The complainant intends to purchase a flat in the above said project after seeing the brochure issued by the opposite parties. The complainant booked a flat measuring 1150 sq ft. at the cost of Rs.26,00,000/-. The complainant paid a total sum of Rs.11,50,000/- on various dates from 25.03.2014 to 04.12.2014 with varying amounts. 

          2. The opposite parties have furnished the copy of the sanctioned planed for the proposed construction, brochure copy, copy of power of attorney document of the land owner and registered document copy to the complainant.  Though after receiving the aforesaid amount, the flat allotted to the complainant was allotted to some third party by the opposite parties committing fraud. However, the opposite parties have not returned the amount received from the complainant. Hence the complainant filed this complaint to direct the opposite parties to refund the amount paid by the complainant and also to pay compensation of Rs.5,00,000/- with cost of the complaint.

          3. Though the opposite parties 1 to 3 have received the notice to appear on 08.05.2017 hearing, they failed to appear on that day and hence they were set ex-parte.       

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1

          The 1^st opposite party is a construction company. The 2^nd & 3^rd opposite parties are the partners in the 1^st opposite party. They proposed to develop a residential project at No.7 Mahalakshmi Nagar, Karani Puducherry, Urapakkam and  for the said project they made advertisement by issuing Ex.A9  brochure  and  the complainant intended to purchase a double bedroom  flat in the above said project at the cost of Rs.26,00,000/- measuring 1150 sq ft. and the complainant paid  a total sum of Rs.11,50,000/- under Ex.A1 to Ex.A8  on various dates from 25.03.2014 to 04.12.2014 with varying amounts. In all the receipts issued by the opposite parties mentioned the name of the project to be developed by them.   Therefore those receipts prove that the complainant booked a flat with the opposite parties and made payments only with an intention to purchase the flat. 

6. The opposite parties furnished copies of plan of the proposed construction, Ex.A10 power of attorney copy and Ex.A11 legal scrutiny report proves that the opposite parties agreed to sell the flat to the complainant and for that purpose only they have received a sum of Rs. 11,50,000/- towards part consideration. However, in the mean time the opposite parties sold the flat allotted to the complainant to a third party. Nearly after receiving 50% of the cost of the flat from the complainant and without any intimation to him allotting his flat to a third party is nothing but an unfair trade practice committed by the opposite parties. At least after allotting the said flat to a third party, the opposite parties ought to have refunded the money to the complainant and failed to do the same is deficiency on the part of the opposite parties. There is no contra evidence on behalf of the opposite parties and they remained ex-parte. Therefore, it is held that the opposite parties 1 to 3 have committed unfair trade practice and deficiency in service to the complainant.   

07. POINT NO:2

          Ex.A1 to Ex.A8 is the proof for payment of sum of Rs.11,50,000/-  towards purchase of the flat  to the opposite parties. Having the opposite parties re-allotted the flat allotted to the complainant; they should have refunded the amount received from the complainant. The opposite parties failed to refund the said amount. Therefore, the complainant is entitled for refund of the amount of Rs.11,50,000/- paid by him along with a reasonable interest of 9% for the aforesaid amount from 04.12.2014 to till the date of this order from the opposite parties and accordingly the same can be ordered.

          08. The opposite parties 1 to 3 not only committed unfair trade practice in allotting the complainant flat to a third party and also enjoyed the complainant advance amount from 25.03.2014 to till date. The act of the opposite parties is deficiency in service and  caused mental agony to the complainant is accepted and for the same  it would be appropriate to order the opposite parties to pay  a compensation of Rs.2,00,000/- to the complainant, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the complaint is partly allowed. The opposite parties 1 to 3  jointly or severally are ordered to refund a sum of Rs.11,50,000/- (Rupees eleven lakhs and fifty thousand only) towards advance amount with  9% interest  from 04.12.2014 to till the date of this order  to the complainant and also to pay a sum of Rs.2,00,000/- (Rupees two lakhs only) towards compensation for deficiency in service and  mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

          The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th day of October 2017.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 25.03.2014                   Receipt issued by the 1^st opposite party

 

Ex.A2 dated 22.04.2014                   Receipt issued by the 1^st opposite party

 

Ex.A3 dated 25.04.2014                   Receipt issued by the 1^st opposite party

 

Ex.A4 dated 10.06.2014                   Receipt issued by the 1^st opposite party

 

Ex.A5 dated 04.08.2014                   Receipt issued by the 1^st opposite party

 

Ex.A6 dated 21.11.2013                   Statement of a/c in TMB in a/c

 to 02.07.2014                         no.204100050301240 of the complainant

 

Ex.A7 dated 22.04.2014                   Statement of a/c in TMB in a/c No.2041000503

to 30.03.2015

 

Ex.A8 dated 25.04.2014                   Statement of a/c in Indian Bank in a/c 

to 21.06.2014                             No.96121011648 of the complainant

 

Ex.A9 dated                            Broacher of the proposed residential 1 & 2 bed

                                                    room flats of M/s. G.N. Constructions. 

 

Ex.A10 dated 28.09.2012                 Power of Attorney in favour of opposite parties by

                                                    the owner of the site

 

Ex.A11 dated 00.09.2012                 Legal Scrutiny report of the property for the

                                                    construction            

 

 

 

MEMBER – I                                                               PRESIDENT