Tamil Nadu

South Chennai

CC/128/2017

S.Shenbagavalli - Complainant(s)

Versus

M/s.Manju Foundation Pvt Ltd - Opp.Party(s)

G.Padmanabhan

26 Jul 2018

ORDER

                                                                        Date of Filing  : 14.03.2017

                                                                          Date of Order : 26.07.2018

 

DISTRICT CONSUMER DISPUTES 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

 

C.C. No.128/2017

DATED THIS THURSDAY THE 26^TH DAY OF JULY 2018

                                 

Mrs. S. Shenbagavalli,

W/o. Late Mr. S. Lakshmikanthan,

G-2, Sena Shanmuga Flats,

No.15/7, V.S. Mudali Street,

Saidapet,

Chennai – 600 015.                                                      .. Complainant.                                                       

 

   ..Versus..

 

M/s. Manju Foundations (P) Ltd.,

Rep. by its Managing Director

Mr. K. M. Vidhyasagar,

Registered Office:-

No.36, Sudhama Commercial Building,

3^rd Floor, Vijaya Raghava Road,

T. Nagar,

Chennai – 600 017.                                                    ..  Opposite party.

          

Counsel for complainant       :  M/s. G. Padmanabhan & another

Counsel for opposite party   :  M/s. Dhanasekar & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a compensation of Rs.4,90,667/- for loss suffered by the complainant due to the act of the opposite party of deficiency in service and unfair trade practice with cost of Rs.25,000/- to the complainant.

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

The complainant submits that he  booked a plot No.216/C-3 measuring 1200 sq. ft. for a sale consideration of Rs.25,00,000/- on the representation of the opposite party that the said plot was located in Ambattur Village and was approved by CMDA and a gold coin weight 50 gms would be given to the complainant immediately after paying the advance amount of Rs.2,00,000/-.  On believing the sweet words of the opposite party, the complainant, issued a cheque for Rs.2,00,000/- bearing No.133037 dated:19.04.2015 drawn on Punjab National Bank, Park Town Branch.  The opposite party also issued receipt No.9017638 dated:19.04.2015 in favour of the complainant along with the booklet containing complete set of documents related to the plot No.216/C-3.   The complainant requested the opposite party to give the offer of the gold coin which was denied by the opposite party stating that it will be given only after collection of cheque and thereafter, neglected to give the gold coin.  Further the complainant submits that on a perusal of the General Power of Attorney, the complainant came to know that the said plot No.216/C-3 was not located in Ambattur Village but located in Thirumulaivoyal Village, Avadi and the extent also not 1200 sq. Ft. as assured.  The opposite party also failed and neglected to produce the CMDA approval related to ‘Varagraha Avenue’ layout.   Hence the complainant declined to purchase the plot and requested to return the amount with interest.  Since the opposite party has not come forward to return the amount, the complainant issued legal notice dated:27.11.2015 and 10.06.2016 for which, the opposite party has not sent any reply.  The act of the opposite party leads to unfair trade practice.  Hence the complaint is filed.

2.     The opposite party initially filed Vakalat through an Advocate M/s. Dhanasekar but subsequently failed to file written version even after  repeated adjournments.  Hence the opposite party was called and set Exparte for non filing of written version.

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum.

 

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A4 are marked.

5.     The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs. 2,00,000/- paid as advance for booking plot No.216/C-3 with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled for a sum of Rs.2,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.25,000/- as prayed for?

6.     On point:-

After due service of notice, the opposite party entered appearance through Advocate M/s. Dhanasekar and requested time for filing written version.  Even after repeated adjournments given for filing written version, the opposite party failed and neglected to file written version.  Hence the opposite party was called and set Exparte. The complainant filed her written arguments.  Perused the records namely the complaint, proof affidavit of the complainant, documents etc.  The contention of the complainant is that the complainant booked a plot No.216/C-3 measuring 1200 sq. ft. for a sale consideration of Rs.25,00,000/- on the representation of the opposite party that the said plot was located in Ambattur Village and was approved by CMDA and a gold coin weight 50 gms would be given to the complainant immediately after paying the advance amount of Rs.2,00,000/-. On believing the sweet words of the opposite party, the complainant, issued a cheque for Rs.2,00,000/- bearing No.133037 dated:19.04.2015 drawn on Punjab National Bank, Park Town Branch.  The opposite party also issued receipt No.9017638 dated:19.04.2015 as per Ex.A1 in favour of the complainant along with the booklet containing complete set of documents related to the plot No.216/C-3.  Ex.A2 is the booklet.  The complainant requested the opposite party to provide the offer of the gold coin which was denied by the opposite party stating that it will be given only after collection of cheque and thereafter, neglected to give the gold coin.  

7.     Further the contention of the complainant is that on a perusal of the document No.Ex.A2, the complainant came to know that the said plot No.216/C-3 was not located in Ambattur Village but located in Thirumulaivoyal Village, Avadi and the extent also not 1200 sq. Ft. as assured.  The opposite party also failed and neglected to produce the CMDA approval related to ‘Varagraha Avenue’ layout.   Hence the complainant declined to purchase the plot and requested to return the amount with interest.  Since the opposite party has not come forward to return the amount, the complainant issued legal notice dated:27.11.2015 and 10.06.2016 as per Ex.A3 and Ex.A4 for which, the opposite party has not sent any reply.  Since the opposite party has not paid the amount, the complainant was constrained to file this case claiming refund of the advance amount and compensation.  The act of the opposite party is very clear of unfair trade practice.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall return the amount of Rs.2,00,000/- with interest at the 9% p.a. and a compensation of Rs.35,000/- with cost of Rs.5000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite party is directed to refund a sum of Rs.2,00,000/- (Rupees Two lakhs only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 14.03.2017 to till the date of this order and to pay a sum of Rs.35,000/- (Rupees Thirty five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin 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 Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 26^th day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of receipt dated:19.04.205, bearing No.9017638, issued by the opposite party in favour of the complainant
		Copy of Booklet issued by the opposite party in relation to their ‘Varagraha Avenue’ Layout

 

 

MEMBER –I                                                                      PRESIDENT