Date of Complaint : 30.07.2014
Date of Order :13.03.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.343/2014
THIS FRIDAY , THE 13TH DAY OF MARCH 2015
1. R.Sathish Kumar,
2. R.Revathi,
Both residing at No.F3,
“Maruthi Renga Apartments,
9th Cross Street, 3rd Main Road,
Thandeeswaram, Velachery,
Chennai 600 042. .. Complainants.
- Vs-
1. M/s. Real Value Promoters (P) Ltd., Rep. by its Chairman & Managing Director, V.S.Suresh 2. Authorized Signatory, Kolappan Thanu Achari, Both are at No.17/1, Poes Road 2nd Street, Teynampet, Chennai 600 018. ..Opposite parties. | | .. Opposite party. |
| | |
For the complainants : M/s. G.B. Sabari Das
For the opposite party : Mr. A. Palaniyappan (Exparte)
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to refund of the balance amount of Rs.3,45,000/- with interest and also to pay a sum of Rs.2,00,000/- towards the deficiency of service for mental agony and also to pay a sum of Rs.2,00,000/- as compensation & damages with cost of this proceedings to the complainants.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
The complainants have booked a flat with the opposite parties bearing flat No.19D in the 19th Floor in Block-3 at Kazhipattur Village, Chengalpet by making an initial down payment of Rs.4,70,000/- and accordingly the opposite parties issued a receipt No.339, dated 27.6.2011. In pursuant thereto an agreement for Project Promotion and construction dated 30.6.2011 was entered between the complainants and the opposite parties which was subsequently cancelled mutually under cancellation agreement dated 18.11.2011 whereby the opposite parties have agreed to return a sum of Rs.4,45,000/- after deducting cancellation charges for a sum of Rs.25,000/- from the initial payment of Rs.4,70,000/- and agreed to return the same only after selling the said flat to the prospective purchasers. As per the cancellation agreement dt.18.11.2011 the opposite parties have paid a sum of Rs.1,00,000/- through cheque during February’2013 to the 1st complainant, thus conforming to sale of the said flat to the prospective purchasers by the opposite parties, and the opposite parties have further assured the complainants that the balance amount shall be paid within three months, thereafter the opposite parties have not paid any amount. The complainants have been repeatedly calling upon the opposite parties in person and through phone requesting for refund of the said balance amount of Rs.3,45,000/-. The complainants have agreed to the unilateral conditions of the opposite parties under cancellation agreement dt.18.11.2011 as prepared by the opposite parties and kept waiting for the said flat being booked for refund till 15th February 2013. Thus the complainants have lost their return-on-investments” on their said amount of Rs.4,45,000/- from 18.11.2011 to 15.2.2013. Accordingly the complainants have issued a legal notice to the opposite parties on 14.2.2014 and the same was acknowledged by the opposite parties but the opposite parties have not replied so far. As such the act of the opposite parties amounts to deficiency in service which caused mental agony and stress to the complainants. As such the complainants have sought for a direction to the opposite party to refund the balance amount of Rs.3,45,000/- with interest and also to pay a sum of Rs.2,00,000/- towards the deficiency of service for mental agony and also to pay a sum of Rs.2,00,000/- as compensation & damages with cost of this proceedings to the complainants. Hence the complaint.
2. Even after receipt of the notice, the opposite parties did not appear before this Forum and did not file any written version on their behalf. Hence the opposite parties were set exparte on 10.12.2014
3. The 1st Complainant has filed his proof affidavit and Ex.A1 to Ex.A3 were marked on the side of the complainants.
4. The points that arises for consideration are as follows:
1. Whether the opposite parties committed any deficiency
in service?
2. To what relief the complainant is entitled to ?
5. POINT NOs: 1 & 2:
Perused the complaint, proof affidavit filed by the complainants and the documents Ex.A1 to Ex.A3 which reveals that the complainants and the opposite parties with mutually consent have cancelled the agreement dated 18.11.2011. As per Ex.A1 the opposite parties have agreed to return the amount received from the complainants for the purchase of flat a sum of Rs.4,70,000/- after deducting cancellation charges of Rs.25,000/- and also agreed to pay the said balance amount after selling the flat to the prospective purchasers. It is also the case of the complainants that after receipt of that on February 2013 the opposite parties have paid a sum of Rs.1,00,000/- towards the amount due to the complainants inconformity to the condition that the aforesaid flat /apartment is sold by the opposite parties and further assured by the opposite parties that they will be paid the balance amount within three months. Thereafter the complainants further stated that however the opposite parties have not paid any amount despite of several demand. As such the amount due by the opposite parties to the complainants was arised out of transaction for purchase of flat and subsequently cancellation of same by mutually consent and the opposite parties as agreed have not paid the balance amount of Rs.3,45,000/-. Despite of demand and legal notice dated 14.2.2014 i.e. Ex.A2 and which was received by the opposite party and acknowledged there on have not paid the amount or given any reply. Hence the failure to refund the balance amount to deficiency in service on the part of the opposite parties is acceptable.
6. Further the opposite parties though appeared through counsel in beginning of this proceedings, but subsequently not filed written version and not contested the case as such they remain set exparte in this proceedings, Therefore there is no valid denial or contrary evidence on the side of the opposite parties .
7. Therefore we are of the opinion that the opposite parties are liable to return the balance amount of Rs.3,45,000/- with interest at the rate of 12% p.a. from the date of notice i.e. 14.2.2014 to till the date of payment to the complainants. Though the complainants have claimed compensation totally Rs.4,00,000/-. Considering the facts and circumstances of the case and the condition mentioned for the return of the amount in the mutual agreement Ex.A1 and as per legal notice Ex.A2 as well as complaint the opposite parties have sold the property to other party, in the month of February 2013 and part payment of Rs.1,00,000/- was made and agreed to pay the balance amount within three months and also there is condition in the mutually agreement that the complainant has accepted not to claim any compensation. We are of the opinion that the complainants are not entitled to get any compensation against the opposite parties. However the opposite parties are also liable to pay a sum of Rs.3000/- as cost of this proceedings to the complainants and accordingly this points 1 & 2 are answered in favour of the complainants.
In the result, the complaint is allowed in part. The opposite parties are jointly and severally directed to return the balance amount of Rs.3,45,000/- (Rupees Three lakhs and forty five thousand only) with interest at the rate of 12% p.a. from the date of notice i.e. 14.2.2014 to till the date of payment to the complainants and also to pay a sum of Rs.3,000/- (Rupees Three thousand only) as cost of this proceedings to the complainants.
The above said cost amount shall be payable within six weeks from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum from the date of order passed till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 13h day of March 2015.
MEMBER-II PRESIDENT. Complainants’ Side Documents:-
Ex.A1- 18.11.2011 – Copy of Cancellation Agreement.
Ex.A2- 14.2.2014 - Copy of legal notice.
Ex.A3- 5.2.2013 - Copy of Statement of account.
Opposite parties’ Documents : .. Nil .. (exparte)
MEMBER-II PRESIDENT.
