Andhra Pradesh

Chittoor-II at triputi

CC/29/2018

P.Hussain Khan, S/o Budan Khan - Complainant(s)

Versus

R.P.Constructions India Pvt. Ltd., Rep. by its Authorised person - Opp.Party(s)

B.Sekhar Babu

02 Aug 2018

ORDER

                                                                                                              Filing Date: 06-04-2018                                                                                                                                                                                       Order Date:   02-08-2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. T.Anand, President (FAC)

                                                                                              Smt.T.Anitha, Member

 

 THURSDAY THE SECOND DAY OF AUGUST, TWO THOUSAND AND EIGHTEEN

 

C.C.No.29/2018

Between

P.Hussain Khan,

S/o. Budan Khan,

Aged about 48 years,

Business,

D.No.10/216,  M.B.T.Road,

Mulakalacheruvu Town and Mandal,

Chittoor District..                                                                       … Complainant

 

And

1. RP Constructions India Pvt. Ltd.,

Rep. by its Authorized Person,

doing real estate’s business,

Head office at Upstairs Vijaya Bank,

Opposite to Sonovision,

Near Rama Mandiram,

Eluru Road,

Vijayawada – 2.

 

2. Jakka Srinivasa Rao,

Managing Partner &

In–Charge for the Tirupati Branch Office,

RP Constructions India Pvt. Ltd.,

doing real estate’s business,

Office at D.No. 19-8-214, Opposite to Ravindra Bharathi School,

Hathiramji Colony,

Bairagipattida,

Tirupati,

Chittoor District.                                                                   … Opposite parties

 

 

         This complaint coming on before us for final hearing on 27.07.018 and upon perusing the complaint, chief affidavit, written arguments of the complainant  and other relevant material papers on record and on hearing of  Sri. B.Sekhar Babu, counsel for the complainant, and opposite party No.1 is remained exparte and complaint against opposite party No.2 is hereby dismissed as not pressed by the complainant, having stood over till this day for consideration, the Forum made the following.

 

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

 

        This complaint is filed by the complainant under Section-12 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite parties and prayed this Forum to direct the opposite parties to refund an amount of Rs.20,000/- which was paid by the complainant as advance for booking of the house plots on 29.04.2016 with interest at 24% p.a. from the date of the payment till realization and to direct the opposite parties to pay an amount of Rs. 50,000/- towards compensation for mental agony and deficiency in service on the part of the opposite parties and to pay costs of the complaint.

2. The brief facts of the case are:- The opposite parties made an advertisement to sell the house plots under installment scheme in the venture by showing brochure  with  name and style of “BHAVANIPURAM” at Tirupati Town.  By seeing the advertisement of the opposite parties venture, the complainant was intended to purchase the plot in the said venture and booked two plots by paying an advance of Rs.10,000/ for each plot-, accordingly the opposite parties issued receipt and two pass books bearing  Nos.5&6 in the name of the complainant. The complainant further submits that when he visited the second opposite party’s office, he came to know that, the office of the second opposite party was closed within a month of opening. Hence he approached first opposite party and requested to return his amount which was paid by him towards purchase of the house plots. But the first opposite party promised to return the same , but after repeated requests made by the complainant the first opposite party failed to pay the amount and stated that the customers paid the amount to the second opposite party. Hence the second opposite party has to repay the amount .  Hence, with no other option the complainant along with  one  M. Ramadevi got issued legal notice on 29.05.2017 to the opposite parties calling upon them to repay the amount paid by him, but the said notice was received by the first opposite party  on 03.06.2017 but they failed to repay the amount and the notice of the second opposite party is returned with an endorsement as no such addressee was present in the said address. Hence as the opposite parties after receipt of the advance amount closed the venture abruptly  with an intention to extract the money from the customers in order to cheat them ,which is nothing but deficiency in service on part of the opposite parties. Hence the complainant filed the present complaint.

         3.  opposite party No.1 is refused to receive the  summons issued by this Forum  and the notice of opposite party No.2 is returned with an endorsement as no such person was residing in the said address. The complainant filed memo stating that the claim against opposite party No.2 was not pressed.  As the opposite party No.1 refused to receive the notice, hence it is deemed to be served.  The opposite party No.1 failed to appear before this Forum and opposite party No.1 called absent and set exparte.

        4.   The complainant filed his chief  affidavit and Ex: A1 to A5 were marked and he filed the written arguments and oral arguments were heard.

       5. Now the points for consideration are:-

              (i)  Whether there is any deficiency in service on part of the opposite  party        

                    No.1towards the complainant? 

             (ii)  Whether the complainant is entitled to the reliefs as prayed for?       

             (iii)  To what Relief?

                     6. Point No (i):-    The main case of the complainant is, he booked two plots  in the venture of the opposite parties, which is under name and style of “BHAVANIPURAM”  at Tirupati Town,  by seeing the vide advertisement given by the opposite parties and they issued brochure  i.e.  EX.A2  and promised the complainant to allot the plots in the above said venture.  Hence the complainant   has paid  Rs.10,000/-  for each plot (in total he paid  Rs.20,000/-) as  an advance on 29.04.2016 for booking of the plots and the opposite parties issued two pass books bearing Nos. 5&6 under Ex.A1 and the payment was endorsed in the passbooks by the opposite parties. The complainant further submits that, he approached opposite party No.2’s office, who is  incharge of Tirupati Branch office as the main office is located in Vijayawada (Opposite party No.1). But the branch office at Tirupati was abruptly closed.  Hence he contacted the opposite party no.1 and the opposite party no 1 promised to refund the amount, but failed to repay the same even after several requests made by the complainant. Hence he caused legal notice dated 29.05.2017 under Ex.A3 and the same was received by opposite party no.1 and the notice of opposite party No.2 was  returned with an endorsement  “ no such addressee was residing in the said address’’ under Ex.A5. The counsel for the complainant stated that the opposite parties collected the amounts from the customers in order to cheat them by false promises, which is nothing but deficiency in service on the part of the opposite parties . 

7.  After perusing the evidence placed by the complainant, it clearly shows that, the opposite parties received the advance money for the allotment of the plots in the venture introduced by them,  but the opposite parties failed to  allot the same  and failed to refund the amount  even after several requests made by him with an ulterior motive to defraud the innocent customers, who deposited the amount with their company which is nothing but deficiency in service and unfair trade practice on part of  the opposite parties and also the opposite parties failed to appear and oppose the contentions of the complainant. Hence, the deficiency of service has been proved.  We are therefore of the opinion that there is clear deficiency in service on part of the opposite parties towards the complainant.  Accordingly this point is answered in favour of the complainant.

                      8. Point No(ii):-   In view of the facts and circumstances of this consumer case discussed above in point no.1, it can be said that the complainant is entitled for the advance amount of Rs.20,000/-, which was paid by him  towards purchase of the plots to the opposite parties along with interest at 9percent per Annum from the date of payment i.e. 29.04.2016 till realization. The complainant is further entitled for Rs.6000/-, as compensation for the mental agony suffered by him and deficiency in service. The complainant is further entitled to Rs.2,000/- towards costs of  the complaint.

           9. Point (iii):-   In view of our discussion on points 1 and 2, we are of the opinion that there is deficiency in service on part of the opposite party No.1 towards the complainant. Hence the complaint is allowed. 

In the result, complaint is allowed in part directing the opposite party No.1 to refund the amount of Rs.20,000/-(Rupees twenty thousand only) which was paid by the complainant towards purchase of two plots on 29.04.2016  with interest  at 9% per annum from the date of the payment, till realization.  The opposite party No.1 is further directed to pay an amount of Rs.6,000/-(Rupees six thousand only) towards compensation for mental agony and deficiency in service and to pay Rs.2,000/-(Rupees two thousand only) towards litigation expenses.  The opposite party No.1 is further directed to comply with the order within six(6) weeks from the date of receipt of copy of this order failing which, the above said compensation amount of Rs.6,000/- shall also carry interest at 9% per annum from the date of this order, till realization.

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 2^nd day of August, 2018.

                                                                                                     

       Sd/-                                                                                                                      Sd/-

Lady Member                                                                                                   President (FAC)

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: P. Hussain Khan (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy Pass Books of RP Constructions India (P) Ltd., Bhavanipuram, bearing Pass book No’s: TP/BP-5, TP/BP-6 issued by the opposite parties in the name of 1st Complainant.
	Photo copy of Brochure issued by the opposite parties in the name and style of  Bhavanipuram.

 

 

	Office copy of Legal Notice issued by Complainant to the Opposite Parties. Dt: 29.05.2017.
	Photo copy of Postal Acknowledgement from the 1st Opposite Party. Dt: 03.06.2017.
	Photo copy of Returned Postal Cover filed by the Complainant.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                Sd/-

                                                                                                                   President (FAC)

 

                                     // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

 

 

 

Copies to:  1) The Complainant. 

                  2) The Opposite parties 1 and 2.