Date of filing: 30.12.2014
Date of transfer: 16.06.2022
Date of order: 27.10.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.SC.,B.L. MEMBER- I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER -II
THURSDAY THE DAY OF 27TH OCTOBER 2022THURDAY THE 13th D CONSUMER COMPLAINT NO: 52/2022
1. L.R. Bharathi
2. L.G. Ravi,
Both residing at
No. 74/1, Dr. Gurunath Street,
Panneer Nagar,
Mogappair,
Chennai -37. ...Complainants
-Vs-
1.M/s. Virat Constructions,
Byits Proprietrix Mrs. A. Ramasri,
No. 31/4, Vinayagar Koil Street,
Ayyavoo Colony,
Aminijikarai, Chennai – 29.
2. V. Nalini,
No.6 “Meera Vijayalakshmi Apartments”
No. 47, North Boag Road,
T. Nagar, Chennai – 17.
3. V. Raman Kumar,
No. 6 “Meera Vijayalakshmi Apartments”
No. 47, North Boag Road,
T. Nagar, Chennai – 17.
4. A. Srinivas,
No. 31/4, Vinayagar Koil Street,
Ayyavoo Colony,
Aminjikarai,
Chennai – 29. ...Opposite parties
Counsel for complainant : M/s.V.Yuvendrakumar,
Counsel for opposite parties 1 to 4 : M/s.Subba Reddy
ORDER
THIRU.R.ASGHAR KHAN, MEMBER I
This complaint has been filed under section 12 of Consumer Protection Act 1986. The complainant has prayed to direct the opposite parties to complete the remaining pending works and defects in the construction of flat and to hand over a fully completed flat G1 in the Ground Floor (above car park) allotted at Plot 71, pay Rs.2,88,000/- with shortfall of 48.00 Sq.ft in the flat of total with common area of 1077 Sq.ft. Further refund the excess amount of Rs.6,31,275/- with Rs.3,00,000/- for delay in handing over the flat and to pay a sum of Rs.2,00,000/- as compensation for deficiency in service by the opposite parties. Further to pay Rs.5,00,000/- for the resultant mental agony and pain loss and Rs.50,000/- as cost of this proceedings of this complaint.
1. The case of the complaint is briefly as follows:
The complainant has purchase of 550 Sq.ft UDS flat from a total extent of 2,400Sq.ft from opposite parties. The complainant and first opposite party entered in construction agreement on 03.03.2012 with total consideration of Rs.65,00,000/- at Rs.6,250/- per Sq.ft. The complainant has paid a sum of Rs.1,00,000/- as booking advance for purchase of aforesaid flat. Total extent of 2400 Sq.ft plot #71 in survey no.257 at Paneer Nagar, Mogappair Village. The construction agreement consists of terms where the builder undertakes to complete the construction of the residential apartment within 10 months from the date thereof extent construction agreement. In another clause, the builder undertakes to handover the possession of the residential an apartment within one month after completion and on receipt of the entire payment of purchases. The complainant not only defaulted the amount, but also has not paid the balance amount and there had been frequent delays in payments. So the whole construction agreement rewriting by the opposite party terms and conditions of unilateral. A deed of absolute sale was executed on 08.03.2013 with Doc.No.1111/2013 at Sub Registrar Office, Konnur, Chennai MOU between which opposite party agreed that on 14.12.2012 complainant pending amount of Rs.16,41,000/- as total consideration. The complainant took SBI Housing Loan further and paid Rs.10,00,000/- immediately to opposite party, remaining amount to be paid afterwards. The complainant prayed that opposite party there e-mails letters to perform construction constructed or statutory obligation as per provisions of construction agreement. The complainant paid full amount of with excess payment of Rs.73,31,275/- moved to flat on No.71 dated.23.06.2013. The complainant made allegations that there are short comings in quality of construction, unfinished work, area shot of plot, accounts etc., put the complainant to gross physical and mental agony. The complainant repeatedly requested for removal of deficiencies. However opposite party rejected claims with the reply letter on 04.09.2014. The complainant dated on 19.04.2013 filed complaint in CMDA against opposite party about gross violations of sanctioned plan in plot 71 building permission No.1303/11/F3, dated.21.10.2011 Ambattur Municipal Commissioner. CMDA did not take action on complainant’s complaint. Further the complainant filed W.P.No.12480 of 2013 in High Court of Madras to take action against gross violations of sanctioned plan in Plot NO.71. The Court order to CMDA consider the complaint 19.04.2013 given by complainant deviations, gross violations of the planning permission at plot No.67 and 71, Paneer Nagar, Mogaippair, Chennai initiate actions against the opposite party 3 to 5. CMDA on taking action given issued De-occupation notice, demolition of deviations in building permission plan and make a demolition case in plot No.71 against opposite parties, this give mental agony loss to complainant. Hence this complaint filed.
2. The Written version of the Opposite parties 1 to 4 briefly as follows:
The opposite parties filed common written version and the opposite parties admitted the facts that they have executed agreement of sale and construction agreement with complainant on 03.03.2012 for purchase of 550 Sq.ft undivided share of land from a total extent of 2400 Sq.ft in plot No.71 in Survey No.257 at Paneer Nagar, Mogappair Village for a consideration of Rs.65,00,000/- for which the complainant had paid of Rs.1,00,000/- cash receipt. The complainant not only defaulted the amount but also not paid the balance amount and there had been frequent in delays in payments. Opposite parties admitted in written version and the complainant entered with MOU, we have renewed the agreements registered the flat to the complainant on 08.03.2013 and received Rs.10,00,000/- from State Bank of India Housing loan as initial payment out of Rs.16,47,000/-. The opposite parties admitted that they handed over the flat keys to complainant through letter dated.29.04.2015. The opposite parties states that the complainant on 19.04.2013 filed a complaint in CMDA about deviations without the knowledge. The opposite parties contested case in the High Court. The opposite parties has stated that in the written version that has completed the proposed construction strictly as per sanctioned building plan and did not deviate from the sanctioned building plan and as such no reliefs to complainant. The opposite parties stated the complainant had pending payments of Rs.86,725 as per their accounts. All the works are completed in their plot no.71, no work of construction pending. The complainant filed false frivolous case against opposite parties to extort money from them, so to dismiss the complaint and impose exemplary costs on the complaint. Hence this complaint needs to be dismissed.
3. Proof affidavit of complainant was filed. Ex.A1 to Ex.A47 were marked. Written argument of complainant not filed. Proof affidavit of opposite parties filed. Written argument of opposite parties not filed. Oral arguments of complainant side heard.
4. THE POINTS THAT ARISES 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 relief as claimed in the
Complaint?
3. To what relief, the complainant is entitled to?
5. Point Nos.1 & 2: The complainant entered into an agreement for sale with the third opposite party for the purchase of a Flat G1 having plinth area of 1077 Sq.ft and 550 Sq.ft UDS. The total sale consideration of flat was Rs.65,0000/- which include chares for covered car parking of Rs.1,25,000/- and Rs.75,000/- for towards EB and CMWSSB. The agreement for sale dated 3.3.2012 marked as Ex.A4 and agreement for construction marked as Ex.A5. The period for the handing over of possession will be within one month from the date of last payment. Extra work if any, the complainant should pay for the same. The main allegation of the complainant is that though the opposite party received the entire sale consideration they did not handed over the possession in time. Further they have received an excess of Rs.6,31,275/-. Further, there was a shortfall 48 Sq.ft in the plinth area of the flat. Therefore, the opposite party committed deficiency in service on their part. Opposite party in their written version denying the allegation of the complainant. But the saying that there is a financial distress in the firm due to non sale of one flat. Further there is no specific answer to the complainant’s allegation that they have paid the excess amount and there was a shortfall of 48 Sq.ft of plinth area. Therefore, in our consider opinion that financial distress does not ground for completing the flat in time. Further, the complainant proved that he has paid the excess of Rs.6,31,275/- for which the complainant also entitled for interest thereon. Further, the complainant also alleged that there is a shortfall of 48 Sq.ft in the plinth area of Fats, which was not denied by the opposite party. Therefore, the opposite party liable to refund the cost of short fall of 48 Sq.ft the amounting to Rs.2,88,000/-. Therefore, there is a deficiency in service on the part of the opposite party. Hence, these Points No.1 & 2 are decided in favour of the complainant.
6. Point No.3: As we decided in Point No.1 and 2 that there is a deficiency in service on the part of the opposite parties. The opposite parties 1 to 4 are hereby jointly or severally directed to pay a sum of Rs.2,88,000/- (Rupees Two Lakhs and Eighty Eight Thousand only) for towards the cost short fall of 48 Sq.ft in flat, further to refund the excess amount paid of Rs.6,31,275/- (Rupees Six Lakhs Thirty One Thousand Two hundred and Seventy Five only) from 22.05.2013 with interest at the rate of 9% from the date of this order. Then to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant. These Point No.3 is answered accordingly.
7. In the result, this complaint is partly allowed. The opposite parties 1 to 4 are hereby jointly or severally directed to pay a sum of Rs.2,88,000/- (Rupees Two Lakhs and Eighty Eight Thousand only) towards the cost short fall of 48 Sq.ft in flat, further to refund the excess amount paid of Rs.6,31,275/- (Rupees Six Lakhs Thirty One Thousand Two hundred and Seventy Five only) from 22.05.2013 with interest at the rate of 9% from the date of this order. Then to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 13th October 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-10.07.2011 - Copy of Joint venture agreement
Ex.A2-21.10.2011 - Copy of Planning permission
Ex.A3-28.11.2011 - Copy of POA
Ex.A4-03.03.2012 - Copy of agreement of sale
Ex.A5-03.03.2012 - Copy of memorandum of construction
Ex.A6-03.02.2012 - Copy of receipt
Ex.A7-15.02.2012 - Copy of receipt
Ex.A8-01.03.2012 - Copy of receipt
Ex.A9-04.04.2012 - Copy of receipt
Ex.A10-23.04.2012- Copy of receipt
Ex.A11-19.06.2012- Copy of receipt
Ex.A12-24.06.2012- Copy of receipt
Ex.A13-30.06.2012- Copy of receipt
Ex.A14-14.07.2012- Copy of receipt
Ex.A15-23.07.2012- Copy of receipt
Ex.A16-23.07.2012- Copy of receipt
Ex.A17-08.08.2012- Copy of receipt
Ex.A18-26.08.2012- Copy of receipt
Ex.A19-26.08.2012- Copy of receipt
Ex.A20-14.09.2012- Copy of receipt
Ex.A21-22.09.2012- Copy of receipt
Ex.A22-14.12.2012- Copy of receipt
Ex.A23-09.02.2013- Copy of receipt
Ex.A24-08.03.2013- Copy of receipt
Ex.A25-16.04.2013- Copy of receipt
Ex.A26-03.05.2013- Copy of receipt
Ex.A27-22.05.2013- Copy of receipt
Ex.A28-02.11.2012- Copy of first opposite party letter
Ex.A29-07.11.2012- Copy of complainant’s letter
Ex.A30-16.11.2012- Copy of first opposite party’s letter
Ex.A31-14.12.2012- Copy of mou
Ex.A32-08.03.2013- Copy of sale deed
Ex.A33-31.05.2013- Copy of complainant’s letter
Ex.A34-05.06.2013- Copy of fourth opposite party’s letter
Ex.A35-08.06.2013- Copy of complainant’s letter
Ex.A36-19.10.2013- Copy of fourth opposite party’s letter
Ex.A37-24.10.2013- Copy of complainant’s letter
Ex.A38-26.10.2013- Copy of fourth opposite party’s letter
Ex.A39-30.10.2013- Copy of complainant’s letter
Ex.A40-31.10.2013- Copy of fourth opposite party’s letter
Ex.A41-04.11.2013- Copy of fourth opposite party’s letter
Ex.A42-05.11.2013- Copy of complainant’s letter
Ex.A43-11.11.2013- Copy of complainants letter
Ex.A45-24.03.2014- Copy of fourth opposite party’s letter
Ex.A46-21.08.2014- Copy of complainant’s letter
Ex.A47-04.09.2014- Copy of letter of opposite parties one and four
LIST OF OPPOSITE PATIES SIDE DOCUMENTS: - NIL-
Sd/- Sd/- Sd/-
MEMBER –I MEMBER – II PRESIDENT
