Tamil Nadu

South Chennai

CC/383/2016

P.Sathya Kumari - Complainant(s)

Versus

M/s.Land Marvel Homes - Opp.Party(s)

S.Rajasekar, T.Ananthasekar

03 Oct 2017

ORDER

                                                                        Date of Filing :  07.11.2016

                                                                        Date of Order :  03.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.383/2016

TUESDAY THIS 3^rd DAY OF OCTOBER 2017

 

Mrs. P.Sathyakumari,

W/o. S. Balasubramanian,

New No.21, Old No.11,

3^rd East Street, Kamaraj Nagar,

Thiruvanmiyur 600 041.                                          Complainant

 

                                        ..Vs..

 

M/s. Land Marvel Homes,

Rep. by its Partner,

Mr.Vinayakaraaj,

45-47, 3^rd Floor,

1^st Main Road, Gandhi Nagar,

Adyar, Chennai 600 020.                                      Opposite party.

 

Counsel for Complainant             :    M/s. S.Rajasekar & another       

Counsel for opposite party          :    Exparte.        

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party  under section 12 of the Consumer Protection Act 1986 seeking direction to refund a sum of Rs.10,10,000/- with interest and also to pay a sum of Rs.5,45,400/- towards interest and also to pay sum of Rs.1,00,000/- towards compensation to the complainant.

1. The averments of the complaint in brief are as follows:

        The complainant submit that she booked  flat No.301 admeasuring super build up area of 929 sq. ft inclusive of proportionate common area in “Amethys Block” with undivided share of 372 sq. ft. for a sum of Rs.39,66,000/-.     The complainant paid a sum of Rs.8,10,000/- on the date of booking of the flat on 13.11.2013.   The complainant further state that  she has paid a sum of Rs.2,00,000/- by way of cash as demanded by the opposite party.  Further the complainant submit that even after repeated requests and demands the opposite party has not started the construction, when the opposite party agreed to hand over the possession on or before 12.5.2016.  Even  as on date the opposite party also has not started any construction.   As such the act of the opposite party is amounts to deficiency in service which caused mental agony and hardship to the complainant.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore he was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as her evidence, and also Ex.A1 to  Ex.A3  are marked. 

 

5. POINTS  1 & 2: -

1. Whether the complainant is entitled to a sum of Rs.10,10,000/- with interest at the rate of 18% p.a. as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.5,45,400/- towards interest and a sum of Rs.1,00,000/- towards mental agony  with cost as prayed for?

6.      POINTS 1 & 2:

Heard the complainant counsel.Perused the records.It is seen from the records that the complainant bookedflat No.301 admeasuring super build up area of 929 sq. ft inclusive of proportionate common area in “Amethys Block” with undivided share of 372 sq. ft. for a sum of Rs.39,66,000/-.Ex.A2 is the agreement.The complainant paid a sum of Rs.8,10,000/- on the date of booking of the flat on 13.11.2013 vide receipt No.A1.The complainant further contended that she has paid a sum of Rs.2,00,000/- by way of cash as demanded by the opposite party  but the complainant has not produced any record.While the complainant transiting the amount with the opposite party by way of document the contention of the cash transaction without receipt is not acceptable.Further the learned counsel for the complainant contended that even after repeated requests and demands the opposite party has not started the construction, when the opposite party agreed to hand over the possession on or before 12.5.2016.Evenas on date the opposite party also has not started any construction.Hence thecomplainant filed this case claiming return of the advance amount with interest.Considering the facts and circumstances of the case this forum is of the considered view that the opposite party is directed to refund asum of Rs.8,10,000/- with interest at the rate of 9% p.a. from the date of complaint i.e. 7.11.2016 to till the date of this order i.e. 3.10.2017and also shall pay compensation of Rs.40,000/- towards mental agony with cost of Rs.5,000/- to the complainant and the points are answered accordingly.

In the result the complaint is allowed in part.The opposite party is directed to refund asum of Rs.8,10,000/- (Rupees Eight Lakhs and ten thousand only) with interest at the rate of 9% p.a. from the date of complaint i.e. 7.11.2016 to till the date of this order i.e. 3.10.2017and also shall pay compensation of Rs.40,000/- (Rupees Forty thousand only) towards mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.      

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  3^rd   day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

 

 

Complainants” side documents:

 

Ex.A1- 13.11.2013         - Copy of booking receipt issued by the opposite party.

Ex.A2- 13.11.2013         - Copy of agreement for allotment.

Ex.A3- 16.8.2016  - Copy of email sent by the opp. party to the complainant.

 

Opposite party’s side document: -  .. Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.