Tamil Nadu

South Chennai

CC/372/2016

S.Muthu Kumar - Complainant(s)

Versus

M/s.Shree Vijayam Housing P Ltd - Opp.Party(s)

N.Samuthiram Vijayan

10 Jun 2022

ORDER

Date of Complaint Filed : 08.10.2016                                                              

Date of Reservation      : 17.05.2022                                                                    

                                                                               Date of Order               :   10.06.2022                                                                                                                                            

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                              : PRESIDENT

                   THIRU. T.R. SIVAKUMHAR, B.A., B.L.,               :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA.,       : MEMBER II

 

CONSUMER COMPLAINT No.372/2016

FRIDAY, THE 10th DAY OF JUNE 2022

Mr. S. Muthukumar,

S/o Mr. M. Shanmugam,

Door No.1, First Street,

Periyar Nagar,

Adambakkam,

Chennai – 600 088.                                                   …Complainant

     

-Vs-

1.M/s. Shree Vijayam Housing P Ltd.,

   Rep. by its Managing Director,

   Mr. Sambanda Moorthy,

   No.142/36, Sri Sai Krishna Complex,

   Kaliamman Koil Street,

   Virugambakkam, Chennai – 600 092.

 

2.M. Chinnu,

   S/o. Mr.Murugesan,

   No.15, Officer Colony, Ayanavarm,

   Chennai – 600 023.                                               …Opposite Parties

 

******

Counsel for the Complainant          : M/s.V.Samuthira Vijayan

Counsel for the Opposite Parties     : Exparte

 

        On perusal of records and after having heard the oral arguments of the Counsel for Complainant and as the Opposite Parties 1 and 2 remained exparte, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.       The Complainant has filed this complaint as against the Opposite Parties 1 to 5 under section 12 of the Consumer Protection Act, 1986 and prays to pay the Complainant a sum of Rs.18,00,000/- being the grand total of Rs.10,00,000/- paid by the Complainant to the Opposite Party towards sale consideration together with 18% per annum calculated on Rs.10,00,000/- calculated for the period from 15.05.2013 till the date of the complaint which comes to Rs.6,00,000/- and a sum of Rs.2,00,000/- towards mental agony and deficiency of services caused to the Complainant along with cost of the complaint.

2.     The facts of the complaint in brief are as follows:-

The 2nd Opposite Party being the absolute owner of a vacant house site, measuring to an extent of 13,995 Sq.ft, at 4thMain Road,LIC Nagar comprised in survey no. 4\1, 4\4 and 2\6 of Pallikaranai village, Saidapet Taluk, Chenglepet District had executed a General Power of Attorney to an extent of 50% UDS of the said land in favour of the 1st Opposite Party by a Deed of General Power of Attorney dated 22.04.2013 registered as Document No.3910 of 2013, in the office of Sub Registrar,Saidapet, Chennai. On believing the 1st Opposite Party’s wide range of advertisement for the construction of Flats in the said property the Complainant decided to purchase the Flat and thereby as per the 1st Opposite Party’s directions the Complainant had approached the 2nd Opposite Party, the owner of the property, to purchase the Undivided share of 360 Sq.ft.  Further the Complainant had entered into a Sale Agreement dated 15.05.2013 with the Opposite Parties for the purchase of the UDS of 360 Sq.ft and the Complainant subsequently entered a Construction Agreement on the same day for constructing an apartment bearing Flat No.B in the said property. The Complainant had paid Rs.4,20,000/- towards the cost of UDS and Rs.5,80,000/- by cash towards land cost and completed payment of 40 % of the total flat cost. From the date of 1st instalment the 1st and 2nd Opposite Parties had promised to deliver the flat within 10 months from the date of Construction Agreement. When the Complainant visited the said property in the last week of September 2015 he found that the construction activity was not even started and enquired the 1st Opposite Party in October and November 2015. When the Complainant received information that the 2nd Opposite Party is trying to alienate the property he filed suit for permanent injunction in O.S.No.895 of 2015 before the District Munsif Court, Alandur. The Complainant had sent a legal notice to the Opposite Parties on 21.06.2016 calling upon the Opposite Parties to pay a sum of Rs.17,05,000/. In spite of receipt of the notice, the Opposite Parties neither complied the demand nor repaid. Hence the complaint.

3.     In spite of receipt of notice, the Opposite Parties had not appeared before this Commission and hence, the Opposite Parties were set ex-parte.

4.     Though the Opposite parties remained Ex-parte, this Commission is inclined to dispose the case on merits with available material evidences before this Commission. 

5.     In such circumstances, in order to prove the allegations made in the complaint, the Complainant had filed his Proof Affidavit and Written Arguments and also documents Ex.A-1 to Ex.A-7 were marked.

6.      The Points for consideration are:-

  1. Whether there is any deficiency in service on the part of the Opposite Parties?
  2. Whether the Complainant is entitled for the reliefs as claimed in the complaint?
  3. To what relief, the Complainant is entitled?

7.      Point Nos.1 to 3:-

On perusal on Ex.A-1 it is evident that a Sale Agreement was entered between the Complainant and Opposite Parties for purchase of the Undivided share of land measuring an extent of 360 Sf.ft out of the 50% of the Undivided share of the vacant House Site measuring to an extent of 13,995Sq.ft, at 4th Main Road, LIC Nagar comprised in survey no. 4\1, 4\4 and 2\6 of Pallikaranai village, Saidapet Taluk, Chenglepet District.  On 15.05.2013 a Construction Agreement was also entered by the Complainant with the 1st Opposite Party for constructing a Flat B, in the 1st Floor of the said property as per Ex.A-2. As per Exs.A-1 and A-2, the Complainant has paid a sum of Rs.4,20,000/- and Rs.5,80,000/- towards part payment for the purchase of Undivided Share of land and for Construction of the said flat. The contention of the Complainant is that the Opposite Parties had promised to deliver the flat within 10 months from the date of the Construction Agreement.  But the construction was not even started till November 2015. Further it was pleaded and contended that as the Complainant received information that the 2nd Opposite Party was trying to alienate the property the Complainant had filed suit for permanent injunction in O.S.No.895 of 2015 before the District Munsif Court at Alandur as per Ex.A-7. The attitude of the Opposite Parties has caused monetary loss and hardship to the Complainant and hence the Complainant had caused legal notice to the Opposite Parties on 21.06.2016 as per Ex.A-5. Even after receipt of the notice as per Ex.A-6, the Opposite Parties neither gave any reply nor has come forward to return the amount received towards part payment for the purchase of the Undivided Share of land and for the construction of Flat in the said property.  The act and conduct of the Opposite Parties itself proves deficiency in service and unfair trade practice. The Opposite Parties inspite of receipt of notice has not appeared and remained ex-parte and has not come forward to file Written Version and Proof Affidavit to answer the claim of the Complainant in this case.

Considering the facts and circumstances of the case, this Commission is of the considered view that the Complainant was induced to enter into Sale and Construction Agreements by the Opposite Parties without obtaining required plan approvals and had collected a sum of Rs.10,00,000/- from the Complainant. Hence, this Commission is of the considered view that the Opposite Parties shall refund a sum of Rs.10,00,000/- being amount paid by the Complainant towards part of the sale consideration and to pay  compensation of Rs.1,00,000/- for the deficiency in service and also for the mental agony with cost of Rs.5,000/- to the Complainant.

In the result, this complaint is allowed in part.  The Opposite Parties 1 and 2 are jointly and severally directed to refund a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) being amount paid by the Complainant towards part of sale consideration with interest @ 9% per annum from 15.05.2013 to the date of this order, and to pay a sum of Rs.1,00,000/- towards compensation for the deficiency in service committed by the Opposite Parties and also for the mental agony caused to the Complainant with cost of Rs.5,000/- towards litigation expenses.

          The Opposite Parties 1 and 2 are jointly and severally directed to pay the above accrued amounts within 8 weeks from the date of this order, failing which the Complainant is entitled to recover the same along with interest @ 9% per annum from the date of this order  till the date of realization.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 10th of June 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                     B.JIJAA

         MEMBER II                       MEMBER I                               PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1

15.05.2013

Sale Agreement

Ex.A2

15.05.2013

Construction Agreement

Ex.A3

29.09.2013

Encumbrance Certificate

Ex.A4

      -

Photos

Ex.A5

21.06.2016

Legal Notice

Ex.A6

25.06.2016

Acknowledgement Card

Ex.A7

 

Plaint under Order O.S.895/2015

 

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                              PRESIDENT

 

 

 

 

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