Tamil Nadu

South Chennai

CC/226/2016

L.Vatsala - Complainant(s)

Versus

M/s.RRP Housing Pvt Ltd, N.Padmanaban - Opp.Party(s)

K.S.Ganesan Babu

12 Jan 2017

ORDER

                                                                        Date of Filing :   01.07.2016

                                                                        Date of Order :   12.01.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : 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.226/2016

THURSDAY THIS  12^TH  DAY OF       JANUARY 2017

 

Mrs. L.Vatsala,

W/o. R. Lakshmipathy,

No.19/10, Reghava Street,

Choolai, Chennai 600 112.                                         ..Complainant

             

                                        ..Vs..

 

M/s. RRP Housing Pvt. Ltd.,

Rep. by its Managing Director,

Mr.N.Padmanaban,

RRP Tower,

12/6, Achuthan Nagar 1^st Street,

Ekkattuthangal,

Chennai 600 032.                                                    ..Opposite party

 

 

Counsel for the Complainant       :  M/s. K.S.Ganesh Babu & another

Counsel for the opposite party    :  Exparte. 

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

        This complaint is filed by the complainant against the opposite party  to seek direction to pay a sum of Rs.1,00,000/- with interest and also to pay a sum of Rs.1,00,000/- towards compensation for mental agony and to pay cost of the complaint.

1.  The averment of the complaint is brief as follows:

The complainant booked a flat with  the opposite party and paid Rs.1,00,000/- towards advance on 26.7.2015 with the promise given by the opposite party to arrange for a home loan with the bank.  Accordingly the opposite party has made the complainant to apply a loan with the Punjab National Bank by paying a sum of Rs.5,700/- on 2.9.2015 and the  said bank could not sanction the loan to the complainant due to her age and unemployment.     The complainant came to know that the opposite party has not commenced the construction of the said project and she could not get the loan from the bank she has not inclined to pursue further in purchasing the said flat.   Hence she has sent a legal notice on 23.2.2016 requesting to refund the advance paid by her.   The complainant informed there is no agreement between the parties to the contract, the refund of advance amount to be given within 60 days and he had sent the cancellation letter on 29.2.2016.   Even after the expiry of the 60 days the opposite party has not refunded the said amount.     The letter sent by the complainant to the opposite party was returned “unclaimed” and hence she sought remedy from this forum to intervene and direct the opposite party  to pay Rs.1,00,000/- with interest and claimed compensation of Rs.1,00,000/- with cost.

2.  In pursuant of the complaint the said complaint false within the pecuniary and territorial jurisdiction of this forum and the complainant had filed the complaint and proof affidavit and written arguments,  whereas the opposite party neither attended before this forum nor submitted his proof affidavit  and written arguments and became an exparte on 15.11.2016.  

3.     At the outset,  in order to prove the allegation made by the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A9 are marked. 

4.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite     parties as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

5.      POINTS .1 & 2 :-

On perusal it is proved that the complainant had paid Rs.1,00,000/- to the opposite party as advance under Ex.A2 and a legal notice of the complainant’s counsel was served on 23.6.2016 under Ex.A3 calling to refund the advance amount received by the complainant and the opposite party had replied through their counsel on 27.2.2016 under Ex.A5 stating that the opposite party is ready to refund the said amount within 60 days from the date of cancellation letter and directing the complainant to send the said letter.  Accordingly the complainant responded in sending a letter on 29.2.2016 under Ex.A6.  But to the surprise, it has not been refunded as informed hence the counsel for the complainant had sent a letter dated 13.5.2016 under Ex.A8 seeking to refund the advance amount paid by the complainant along with interest and compensation. 

6.     Whereas the opposite party had not chosen to appear before this forum to rebut  the said contentions of the complainant and given any contra evidence but remained exparte.   Therefore this forum can draw adverse inference.

7.     Pursuant  on the complaint, proof affidavit, written argument.  We hereby direct the opposite party to pay a sum of Rs.1,00,000/- towards advance amount received by them  with interest at the rate of 12% p.a. from the date of this filing of this complaint i.e. 01.7.2016  to till the date of this order i.e. 12.1.2017  and also to pay  reasonable compensation for causing mental agony and hardship due to deficiency of service on the part of the opposite party with cost.   Thus point No.1 & 2 is answered accordingly.

In the result, the complaint is allowed in part.   Accordingly the opposite party is directed to pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards advance amount  with interest at the rate of 12% p.a. from the date of filing of this complaint i.e. 01.7.2016  to till the date of this order i.e. 12.1.2017  and also to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for causing mental agony and hardship due to deficiency of service on the part of the opposite party and also to pay a sum of Rs.5000/- (Rupees Five Thousand only) towards cost to the complainant. 

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

        Dictated by the Member-2 to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-2 and pronounced by us in the open Forum on this the  12^th day  of  January   2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         -       - Copy of opposite party advertisement.

Ex.A2- 26.7.2016  - Copy of booking receipt.

Ex.A3- 23.2.2016  - Copy  of notice by complainant to the opposite party.

Ex.A4- 26.2.2016  - Copy of Ack. by opposite party.

Ex.A5- 27.2.2016  - Copy of reply by opposite party.

Ex.A6- 29.2.2016  - Copy of cancellation letter by complainant.

Ex.A7- 2.3.2016    - Copy of Postal tract.

Ex.A8- 30.5.2016  - Copy of Notice by the complainant to the opposite party.

Ex.A9-         -       - Copy of Returned postal cover.

 

Opposite party’s side documents:    .. Nill..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.