Tamil Nadu

North Chennai

CC/80/2016

K.Narasimhan - Complainant(s)

Versus

P.Pondy Selvaraj - Opp.Party(s)

Party In Person

21 Dec 2016

ORDER

                                                            Complaint presented on:  03.03.2016

                                                                Order pronounced on:  21.12.2016

 

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

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

WEDNESDAY THE 21^st DAY OF DECEMBER 2016

 

C.C.NO.80/2016

 

 

K.Narasimhan,

ASI Citadel Flats,

142, 5^th Street,

Ram Nagar Velachery,

Chennai – 42.

                                                                                            ..... Complainant

 

..Vs..

	P.Pandy Selvaraj , PSM Real Estates, Plot No.61, AVS Main Road, Annai Nagar, Korattur, Chennai – 76.
	.....Opposite Party

Date of complaint                                  25.05.2016

Counsel for Complainant                      : Party in person

Counsel for opposite party                       : Ex - parte

 

 

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased a plot was owned by  the Opposite Party’s  wife Smt. Kalyani  on payment of consideration Rs. Rs.1,57,500/-  and the said  sale was registered at Sub-Registrar’s office at Walajabad on 13.07.2015. The Opposite Party informed  the Complainant that he will arrange for PATTA from Tahsildar, Walajabad and for the same  he received a  consideration of Rs.3,000/- from the Complainant to arrange patta to the Complainant and he  issued receipt for  Rs.3,000/- on 28.10.2015 to the Complainant. However, the Opposite Party did not arrange patta as promised by him and thereby the Opposite Party failed to render service to the Complainant. The Complainant repeatedly asked the Opposite Party and the Opposite Party failed to arrange for patta and hence the Complainant filed this Complaint for compensation for the Deficiency in Service committed by the Opposite Party with costs.

          2. Though the Opposite Party received notice, he did not appear on 27.06.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and document Ex.A1 was marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. 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?

6. POINT NO :1

          The Complainant purchased a plot from the Opposite Party‘s wife Mrs.Kalayani on payment of consideration of Rs.1,57,500/- and the said purchase was registered at the Sub-registrar office of Walajabad on 13.07.2015. After the transaction the Opposite Party agreed to provide service to the Complainant for arranging patta for the above said sale. The Complainant also paid a sum of Rs.3,000/- under Ex.A1 receipt dated 28.10.2015. The Opposite Party issued Ex.A1 for receipt of money and also to provide service for change of patta to the Complainant. However, the Opposite Party failed to change the patta in the name of the Complainant proves that, the Opposite Party committed Deficiency in Service in providing  service to the Complainant.

7. POINT NO: 2

          The Opposite Party even after receipt of money failed to provide to change the patta in the name of Complainant, he suffered with mental agony is accepted. Hence, it would be appropriate to order that the Complainant is entitled for refund of money of Rs.3,000/- paid by him and also compensation for a sum of Rs.5,000/-towards mental agony from the Opposite Party besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.3,000/- (Rupees three thousand only) to the Complainant and also to pay a sum of Rs. 5,000/- (Rupees five thousand 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 21^st  day of December 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.10.2015                   Receipt issued by Opposite Party

 

 

MEMBER – II                                                               PRESIDENT