Tamil Nadu

StateCommission

CC/184/2014

Mrs.T.Arumugavalli, rep by O.A.Varadadesigan - Complainant(s)

Versus

Muthukumaran, C. - Opp.Party(s)

Party in Person

05 Nov 2015

ORDER

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                                  Present:  Thiru J. Jayaram,                                PRESIDING JUDICIAL MEMBER

                                                 Tmt.  P. Bakiyavathi                           MEMBER

C.C. No. 184 / 2014

                                                                                   Dated this the 5^TH day of NOVEMBER, 2015

Mrs. T. Arumugavalli,                          ]

Represented by                                  ]

O.A. Varadadesigan,                           ]

No.4/8, Sakthinagar 4^th Street, ]  ..  Complainant

Chennai – 600 094                    ]

 

                   Vs.

Muthukumaran C,                               ]

No.3/1, First Street,                            ]

Narasimhan Nagar,                             ]

Annai Sathya Nagar Main Road,          ]

Ramapuram,                                      ]  ..  Opposite Party

Chennai – 600 089                    ]

    

                     This complaint coming up before us for final hearing on 19-08-2015 and on hearing the arguments of the complainant and upon perusing the material records, this Commission made the following Order:

Counsel for Complainant:          -        Party in person.

Counsel for Opposite Party:       -        Publication made, called, absent.

J. JAYARAM, PRESIDING JUDICIAL MEMBER

               The case of the complainant is that he is the owner of a plot in Medavakkam admeasuring 1500 sq ft. He approached the opposite party by name Sakthi Realities to develop residential flats for sale, under an agreement dated 26-02-2012 and registered on 29-06-2012 in the ratio of 40 – 60 % share basis in the ‘A’ Schedule property belonging to the complainant, within a period of 9 months. The opposite party paid an advance of Rs.2 Lac to the complainant and started construction work, but the construction work was delayed by 6 months due to funds crunch, and also flat nominee was not available for his 60% share, and the opposite party stopped further work. The complainant had to spend his money to complete the project. This amounts to deficiency in service on the part of the opposite party, and hence the complaint praying for direction to the opposite party to pay a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards 20 % of incomplete construction work; and to pay 6 months rental at Rs.6,000/- per month till the end of litigation; and to pay a sum of Rs.4,93,600/- towards valuation of the area; and to pay compensation of Rs.25 Lac for mental agony and suffering; and to pay costs of Rs.2,50,000/-, and in total Rs.35,56,200/-.

2.       The opposite party remained absent before the Commission and hence the opposite party was set exparte.

3.       The complainant filed proof affidavit reiterating his averments in the complaint. 9 Documents were filed and marked as Ex.A1 to A9 on the side of the complainant.

4.       The points for consideration are:

i.        Whether there is deficiency in service on the part of the opposite party as alleged in the complaint;

 

ii.       Whether the complainant is entitled to claim compensation from the opposite party;

                        iii.      To what relief the complainant is entitled.

5.       Point Nos.1 & 2: Ex.A1 is the Development Agreement; Ex.A2 is the Police report; Ex.A3 is the Undelivered Registered Post; Ex.A4 is the Cash Voucher; Ex.A5 is the Notice to the builder issued by the complainant; Ex.A6 is the Postal acknowledgement; Ex.A7 is the Power of Attorney; Ex.A8 is the Courier acknowledgement; Ex.A9 is the Sale Deed.

6.       As per the agreement, the construction has to be completed within a period of 9 months from Feb. 2012, and the flat has to be handed over possession. The opposite party paid an advance amount of Rs.2 Lac to the complainant on the day of execution of the agreement, and started construction work, but the opposite party could not complete the construction, and he abandoned the work.

7.       The opposite party agreed to pay rent at Rs.6,000/- per month if the flat is not handed over within a period of 9 months. Ex.A5 is the notice dated 28-04-2014 issued by the complainant to the opposite party, for which the opposite party sent no reply, and there was no response on his side. All these, amount to deficiency in service on the part of the opposite party, and therefore the complainant is entitled to claim compensation from the opposite party, and the points are answered accordingly.

8.       Point No.3: The complainant has claimed a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards 20 % of incomplete construction work; and to pay 6 months rental at Rs.6,000/- per month till the end of litigation; and to pay a sum of Rs.4,93,600/- towards valuation of the area; and to pay compensation of Rs.25 Lac; and to pay costs of Rs.2,50,000/- and in total Rs.35,56,200/-.

9.       The complainant has claimed Rs.25 Lac as compensation for mental agony and we feel that the amount claimed is exorbitant and extremely on the higher side, and we feel that a sum of Rs.50,000/- would be the reasonable compensation for mental agony; and suffering, and the complainant has claimed Rs.2,50,000/- towards costs which is extremely on the higher side, and we are inclined to grant Rs10,000/- towards costs.

10.     On considering the entire materials on record and the relevant factors, we hold that the complainant is entitled to a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards the incomplete construction work; and rental at Rs.6,000/- per month after 9 months from the date of agreement till the end of final settlement; and a sum of Rs.4,93,600/- towards valuation of the area; and compensation of Rs.50,000/-for mental agony and suffering; and costs of Rs.10,000/-, and the point is answered accordingly. 

11.     In the result, the complaint is partly allowed directing the opposite party to pay a sum of Rs.21,000/- (Rupees Twenty One Thousand only) towards expenses incurred for E.B.; and a sum of Rs.2,91,600/- (Rupees Two Lakh, Ninety One Thousand and Six Hundred only) towards incomplete construction work yet to be done; and to pay a sum of Rs.6,000/- per month towards rental commencing from 26-11-2012 the day of completion of 9 months after the date of agreement i.e. 26-02-2012 as in Ex.A1, till final settlement; and a sum of Rs.4,93,600/- (Rupees Four Lakh, Ninety Three Thousand, and Six Hundred only) towards valuation of the area; and a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for mental agony and suffering; and a sum of Rs.10,000/- (Rupees Ten Thousand only) towards costs. 

Time for compliance: two months from the date of receipt of copy of this order; and in case of default in comply with the order, the amounts shall carry interest @ 9 % p.a. from the date of default till compliance.

 

   P. BAKIYAVATHI                                   J. JAYARAM          

           MEMBER                                  PRESIDING JUDICIAL MEMBER         

 

List of Documents filed by the Complainant

Ex.A1   29-06-2012  Development Agreement;

Ex.A2  05-07-2014  Police report;

Ex.A3  03-07-2014  Undelivered Registered Post;

Ex.A4  12-07-2014  Cash Voucher;

Ex.A5  08-04-2014  Notice to the builder issued by the

  complainant;

Ex.A6   -                  Postal acknowledgement;

Ex.A7  29-06-2012  Power of Attorney;

Ex.A8  11-04-2015  Courier acknowledgement;

Ex.A9  22-02-1995  Sale Deed.

 

 

     P. BAKIYAVATHI                           J. JAYARAM          

             MEMBER                                PRESIDING JUDICIAL MEMBER