Tamil Nadu

South Chennai

CC/362/2014

M/s.Leena Prasad.T - Complainant(s)

Versus

M/s.Padmanaban - Opp.Party(s)

M/s.S.Kavitha

02 Jul 2018

ORDER

                                                                        Date of Filing  : 22.08.2014

                                                                          Date of Order : 02.07.2018

 

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.362 /2014

DATED THIS MONDAY THE 02^ND DAY OF JULY 2018

                                 

Mrs. T. Leena Prasad,

W/o. Mr. Bharani Prasad,

T-4, 104, Plot KGE YES Apoorvaa’s Block –C,

Panchayat Road,

Nolambur,

Chennai – 600 107.                                                      .. Complainant.                                                       

 

   ..Versus..

 

1. Mr. N. Padmanaban,

Proprietor,

Royal Real Properties,

No.50, 10^th Avenue,

Ashok Nagar, (Nr. Jeevan Super Market),

Chennai – 600 083.

 

2.  Mr. P. Thamizh,

Promotor, Executive Director,

Royal Real Properties,

No.50, 10^th Avenue,

Ashok Nagar, (Nr. Jeevan Super Market),

Chennai – 600 083.

 

3. Mr. S. Prabhakaran,

Team Leader,

Royal Real Properties,

No.50, 10^th Avenue,

Ashok Nagar, (Nr. Jeevan Super Market),

Chennai – 600 083.

 

4. Mr. Kannan,

Sales Executive,

Royal Real Properties,

Marketing Office: No.119/2,

Zenofer Tower, 2^nd Floor,

Jawaharlal Nehru Salai,

Jafferkanpet,

Chennai  - 600 083.                                             ..  Opposite parties.

          

Counsel for complainant                   :  M/s. S. Kavitha & another

Counsel for 1 to 4 opposite parties  :  Exparte

 

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 refund of the advance amount of Rs.50,000/- with interest at the rate of 12% p.a. from 26.01.2011 to till the date of order, to pay a sum of Rs.1,00,000/- towards compensation for mental agony and to pay the cost of Rs.10,000/- to the complainant .

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

The complainant submits that the 4^th opposite party approached the complainant and induced to purchase the plots located in Moovendar Nagar, Tiruttani.   The 2^nd opposite party representing as Promoter and Executive Director of Royal Real Properties stated that he and his father, the 1^st opposite party are the owners of the scheduled property and shown some documents.   Believing the sweet words, the complainant paid a sum of Rs.50,000/- by way of cheque No.029313 dated:26.01.2011 drawn on HDFC Bank as advance and booked four plots bearing Nos.38, 39, 40 & 41 of each measuring 2400 sq ft having survey Nos. 292/02 11, 13, 14, 15 & 211/2015 in Nabalur Village.   Further the complainant submits that the complainant is regularly approaching the opposite party and requested for execution of Sale Deed.  But the opposite party on lame excuses extended time for one reason or other.   The 2^nd opposite party behaved arrogantly and prolonged the execution of the Sale Deed.  The Xerox copy of the documents given by the 2^nd opposite party subjected to legal scrutiny shows that the Royal Real Properties are not the owners of the scheduled properties.  The scheduled property stands in the name of Mr. T. Suresh, Mr. C. Velmurugan, Mr. S. Baskar, Mr. C. Rajendran and Mr. D. Baskar and on verification of the encumbrance certificate dated:22.04.2014, the plots No.39 & 40 are sold to somebody else on 24.11.2011 and 23.04.2012 vide document Nos.7350 of 2011 and 3417 of 2012 respectively.  Further the complainant submits that the police complaint lodged was not entertained by the Police stating that the matter is of Civil nature.  Hence legal notice dated:16.07.2014 was issued to the opposite parties 1 to 4 and all covers returned to the complainant by stating as “unclaimed”.  The 1^st opposite party sent reply with untenable contentions.   Thereafter, this complaint is filed.

2.     Initially, the opposite parties 1 to 4 were set Exparte on 24.12.2014 for non filing of Vakalath within the stipulated time.  Then the opposite parties 1 & 2 filed CMP. No.68/2015 before this Forum on 06.02.2015.  The said petition CMP No.68/2015 was dismissed on 10.06.2015 for non compliance of the condition by the opposite parties 1 & 2.  Then, the opposite parties 1 & 2 preferred Revision Petition before the State Consumer Disputes Redressal Commission, Chennai – 3 in R.P. No.20/2015 in CMP No.68/2015 in C.C. No.362/2014 and the said petition also dismissed for default on 23.03.2017 for non appearance of the 1 & 2^nd opposite parties.   Thus, the opposite parties 1 to 4 were set Exparte.

3.     Though the opposite parties 1 to 4 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to  Ex.A7 are marked. 

5.     The points for consideration is:-

1. Whether the complainant is entitled to get refund of the advance amount of Rs.50,000/- with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and cost of Rs.10,000/- as prayed for?

 

 

6.     On point:-

The opposite parties 1 to 4 remained Exparte.    The complainant filed written arguments.  Perused the records namely the complaint, proof affidavit, documents etc. The complainant pleaded and contended that the 4^th opposite party approached the complainant and induced to purchase the plots located in Moovendar Nagar, Tiruttani.   The 2^nd opposite party representing as Promoter and Executive Director of Royal Real Properties stated that he and his father, the 1^st opposite party are the owners of the scheduled property and shown some documents.   Believing the sweet words, the complainant paid a sum of Rs.50,000/- by way of cheque dated:26.01.2011 as advance and booked four plots bearing Nos.38, 39, 40 & 41 of each measuring 2400 sq ft having survey Nos. 292/02 11, 13, 14, 15 & 211/2015 in Nabalur Village.  Ex.A1 is the booking receipt which shows the Cheque No.029313 drawn on HDFC Bank.   Further the contention of the complainant is that the complainant was regularly approaching the opposite party and requested for execution of Sale Deed.  But the opposite party on lame excuses extended time for one reason or other.   The 2^nd opposite party behaved arrogantly and prolonged the execution of the Sale Deed.  The Xerox copy of the documents given by the 2^nd opposite party subjected to legal scrutiny shows that the Royal Real Properties are not the owners of the scheduled properties as per Ex.A3.  The scheduled property stands in the name of Mr. T. Suresh, Mr. C. Velmurugan, Mr. S. Baskar, Mr. C. Rajendran and Mr. D. Baskar and on verification of the encumbrance certificate dated:22.04.2014 as per Ex.A4, the plots No.39 & 40 are sold to somebody else on 24.11.2011 and 23.04.2012 vide document Nos.7350 of 2011 and 3417 of 2012 respectively proves unfair trade practice.   Further the contention of the complainant is that the police complaint lodged was not entertained by the Police stating that the matter is of Civil nature.  Hence legal notice dated:16.07.2014 was issued to the opposite parties 1 to 4 as per Ex.A5.  Ex.A6 is the returned unclaimed cover except one received by the 1^st opposite party.  The reply Ex.A7 was sent by the 1^st opposite party with untenable contentions.  Hence the complainant filed this case for refund of the advance amount with interest and compensation.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties are jointly and severally liable to pay the advance amount of Rs.50,000/- with interest at the rate of 9% p.a. and a compensation of Rs.20,000/- with cost of Rs.5,000/- to the complainant .

  In the result, this complaint is allowed in part.  The opposite parties 1 to 4 are jointly and severally liable to refund the advance amount of Rs.50,000/- (Rupees Fifty thousand only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 22.08.2014 to till the date of this order and to pay a sum of Rs.20,000/- (Rupees Twenty 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 02^nd day of July 2018. 

 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

		Copy of receipt issued by the Royal Real Properties
		Copy of agreed terms in the letter head of Royal Real Properties
		Copy of legal scrutiny report on title by Advocate
		Copy of Encumbrance Certificate
		Copy of legal notice issued by the complainant to the opposite parties
		Copy of returned legal notice by the opposite parties
		Copy of reply notice along with enclosed another notice from the opposite parties

 

 

MEMBER –I                                                                      PRESIDENT