Tamil Nadu

North Chennai

CC/55/2017

M.Charavarthy, S/o.Narayana Swamy Late - Complainant(s)

Versus

M/s.Vasantham Promotors Rep by its Signatory Authority - Opp.Party(s)

A.Murali

10 Oct 2017

ORDER

 

                                                            Complaint presented on:  04.04.2017

                                                                Order pronounced on:  10.10.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

TUESDAY THE 10^th DAY OF OCTOBER 2017

 

C.C.NO.55/2017

 

 

N.Charavarthy,

S/o. Late Narayana Swamy,

No.5/265, Venkateswara Nagar,

5^th Street, Pozhichalur,

Chennai – 600 074.

 

                                                                                     ….. Complainant

 

..Vs..

M/s. Vasantham Promotors,

Rep. by its Signatory Authority,

No.10-C, 1^st Floor, Babu Jegan Street,

Kannan Bala Nagar,

Arumbakkam,

Chennai – 600 106.

.....Opposite Party

Date of complaint                                 : 29.05.2017

Counsel for Complainant                      : Mr.A.Murali

Counsel for Opposite Party                      : Ex-parte (05.07.2017)

 

         

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the Complainant to direct the opposite party to refund the advance amount and also compensation for mental agony with cost of the compliant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite party developed a layout for selling the plot at A.N Nagar, Pannalur Village. The complainant agreed to purchase a flat from the opposite parties and for that purpose he paid an advance amount of Rs.20,000/- on 07.06.2015.

          2. The layout was not properly approved hence the complainant requested the opposite party to furnish legal opinion. Since he failed to furnish the same, the complainant agreed to get legal opinion on furnishing documents to him. However, the opposite party did not furnish the title documents to him. In such contingency he sought refund of the advance amount paid by him. He also issued legal notice and thereafter he had filed the complaint to refund the amount and also compensation for mental agony with cost of the complaint.    

3. Though the Opposite Party received notice to appear before this Forum on 05.07.2017 hearing, he did not appear and hence he was set ex –parte.   

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

 

5. POINT NO :1 

          The opposite party developed a layout at A.N Nagar, Pannalur Village. The complainant offered to purchase some plot numbered. 121, 122,123 and measuring 1762.5 sq.ft and for that he paid an advance amount of Rs.20,000/- in Ex.A1 receipt. After payment of that amount the complainant requested the opposite party to furnish legal opinion. The opposite party failed to do the same and also refused to part with title documents to the complainant to get legal opinion by himself. Further the complainant also drafted Ex.A2 a draft sale deed and gave it to the opposite party for approval and that was also rejected by the opposite party. In such circumstances after issuing Ex.A3 notice the complainant filed this complaint for the deficiency committed by the opposite party.

          6. Ex.A1 receipt issued by the opposite party proves that the complainant paid on advance of amount of Rs.20,000/- to purchase the plot Nos:121,122 &123. The opposite party also failed to furnish legal opinion to him and also failed  to approve the Ex.A2 draft sale deed. There is no contra evidence on behalf of the opposite party. Therefore, the above facts and documents establishes that the opposite party failed to render service to the complainant after receiving an advance amount of Rs.20,000/- and thereby we hold that the opposite party committed deficiency in service to the complainant.

07. POINT NO:2

          The opposite party received an advance amount on 07.06.2015 and  the said amount was not refunded even after issuing a legal notice.  Hence it is appropriate to order to refund the sum of Rs.20,000/- to the complainant towards advance amount received by him. Due to non refund of the advance amount the complainant suffered with mental agony is established. Further refusing to refund the advance amount is an unfair trade practice. Therefore it may be appropriate to order the opposite party to pay a sum of Rs.25,000/- towards compensation for mental agony and besides a sum of Rs.5,000/- litigation expenses. The complaint in respect of the other reliefs is dismissed.

In the result the Complaint is partly allowed. The  Opposite Party is ordered to refund a sum of Rs.20,000/- (Rupees twenty thousand only) towards the advance amount to the Complainant and also to pay a sum of Rs.25,000/- (Rupees twenty five only) towards  compensation for mental agony besides a sum of  Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.        

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 10^th day of October 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 07.06.2015                   Cash receipt issued by the opposite party

Ex.A2 dated NIL                     Draft sale deed

Ex.A3 dated 28.12.2016                   Legal Notice

 

MEMBER – I                                                               PRESIDENT