Tamil Nadu

South Chennai

CC/122/2017

N.Ramesh Babu - Complainant(s)

Versus

M/s.Sare Homes Project Service Private Ltd - Opp.Party(s)

B.Shanmuga velayudam

01 Nov 2017

ORDER

                                                                        Date of Filing :   31.01.2017

                                                                        Date of Order :   01.11.2017

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.122/2017

WEDNESDAY THIS  1^ST  DAY OF NOVEMBER 2017

 

N. Ramesh Babu,

Flat No. T.R.Block – 2 Jains,

Pebble Brook, Madha Koil Street,

Okkiyam Thoraipakkam,

Chennai 600 097.                                       .. Complainant

 

                                        ..Vs..

 

Sare Home Project Services

Private Limited,

Rep. by its General Manager, 

First Floor SKCL ICON,

C-42, and C-43, Cipet Road,

Thiru Vi-Ka Industrial Estate,

Guindy, Chennai 600 032.                        .. Opposite party.

 

Counsel for Complainant      :   M/s. B.Shanmuga Velauydam & others     

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 pay a sum of Rs.4,00,000/- towards deposit amount and also to pay a sum of Rs.2,00,000/- as compensation for mental agony and  Rs.1,00,000/- towards cost of the complaint.

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

         The complainant submit that he is a retired BSNL employee; on seeing the advertisement of the opposite party regarding the project of housing at Thiruporur, the complainant booked a flat and paid a sum of sum of Rs.3,60,000/- by way of HDFC Bank cheque No.037385; dated 31.3.2015 and another sum of Rs.40,000/- by way of HDFC Bank cheque No.037386, dated 21.4.2015  respectively.  On 5.4.2015 the opposite party sent a mail message confirming the allotment of the flat bearing No.K6202.   As per the terms and conditions in the said  message in the case of cancellation the complainant is entitled to get full refund of the amount.   On 16.5.2015 the complainant visited the site on due intimation to the opposite party.    On 18.5.2015 the complainant sent a letter of cancellation.  Thereafter the executive of the opposite parties  approached the complainant and obtained signature of the complainant in the advance booking form for due process of cancellation.   Despite of repeated demands made by the complainant but till date the opposite party has not refunded the amount paid in advance stating that the refund process is under progress and it should take effect from the head office at Gurgaon.   As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

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

3.     Though the  opposite parties  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 his evidence, and also Ex.A1 to  Ex.A16  are marked. 

5. POINTS  1 & 2: -

1. Whether the complainant is entitled to a sum of Rs.4,00,000/- with interest at the rate of 12% p.a. as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.2,00,000/- as compensation for mental agony with cost of Rs.1,00,000/- as prayed for?

6. POINTS 1 & 2:- 

        Heard the complainant counsel.  Perused the records.  The complainant pleaded in the complaint and contended that he is a retired BSNL employee. On seeing the advertisement of the opposite party regarding the project of housing at Thiruporur, the complainant booked a flat and paid a sum of Rs.40,000/- by way of HDFC Bank cheque No.037386, dt. 21.4.2015  and another sum of Rs.3,60,000/- by way of HDFC Bank cheque No.037385; dated 31.3.2015 respectively.  On 5.4.2015 the opposite party sent a mail message confirming the allotment of the flat bearing No.K6202.  As per the terms and conditions in the said  message in the case of cancellation the complainant is entitled to get full refund of the amount.   On 16.5.2015 the complainant visited the site on due intimation to the opposite party.    On 18.5.2015 the complainant sent a letter of cancellation.  Thereafter the executive of the opposite parties  approached the complainant and obtained signature of the complainant in the advance booking form for due process of cancellation.   The opposite party has not given any acknowledgment to that effect.  On 25.6.2015 the complainant issued another letter of cancellation to the opposite  party which was duly acknowledged as per Ex.A7.     But till date the opposite party has not refunded the amount paid in advance and stating that the refund process is under progress and it should take effect from the head office at Gurgaon.   Hence the complainant issued final letter Ex.A10 and filed this case.  The opposite party remained exparte.   The complainant is claiming a sum of Rs.4,00,000/- paid in advance with interest and compensation for Rs.2,00,000/- for mental agony with cost of Rs.1,00,000/-.  But the complainant has not proved nature of mental agony in such logical manner and the claim towards cost of the  case also.   Considering the facts and circumstances of the case this forum is of the  considered view that  the opposite party shall pay a sum of Rs.4,00,000/- towards the deposit amount with interest at the rate of 9% p.a. from 31.3.2015 to till the date of this order i.e. 1.11.2017 and shall pay compensation of Rs.15,000/- towards mental agony with cost of Rs.5,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.  The opposite party shall pay a sum of Rs.4,00,000/- (Rupees Four lakhs only) towards deposit amount and   with interest at the rate of 9% p.a. from 31.3.2015 to till the date of this order i.e. 1.11.2017 and shall pay compensation of Rs.15,000/- (Rupees Fifteen 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 amount 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 1^st day  of  November 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 5.4.2015    - Copy of Allotment letter.

Ex.A2- 6.4.2015    - Copy of price detail letter.

Ex.A3- 13.4.2015  - Copy of receipt issued by opposite party.

Ex.A4- 23.4.2015  - Copy of receipt issued by opposite party.

Ex.A5- 18.5.2015  - Copy of application for advance booking of apartment

Ex.A6- 18.5.2015  - Copy of requisition letter for cancellation.

Ex.A7- 26.5.2015  - Copy of letter with Acknowledgment.

Ex.A8- 24.8.2015  - Copy of letter requesting refund.

Ex.A9- Sep’2015   - Copy of letter of opposite party requiring documents.

Ex.A10- 23.10.2015- Copy of affidavit cum undertaking.

Ex.A11- 14.3.2016         - Copy of reply by opposite party.

Ex.A12- 7.5.2016  - Copy of reply by opposite party.

Ex.A13- 28.6.2016         - Copy of reply by opposite party.

Ex.A14- 18.7.2016         - Copy of reply by opposite party.

Ex.A15- 8.9.2016  - Coy of legal notice.

Ex.A16- 10.9.2016         - Postal Ack.

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

 

MEMBER-I                        MEMBER-II                             PRESIDENT.