Tamil Nadu

South Chennai

CC/68/2018

S.Velmurugan - Complainant(s)

Versus

Real Value Promoters, Pvt Ltd - Opp.Party(s)

M/s S.Angamuthu

13 Jun 2022

ORDER

Date of Complaint Filed : 28.12.2017                                                                 

 Date of Reservation       : 17.05.2022                                                                     

                                                                                 Date of Order               :  13.06.2022                                                                                                                                          

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:  TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,            :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,      : MEMBER II

 

CONSUMER COMPLAINT No.68/2018

MONDAY, THE 13^th DAY OF JUNE 2022

S. Velmurugan,

S/o. K. Subramani,

Flat No.603, Wing –G,

Mayur Pandurama, Nehru Nagar,

Pimpri, Pune, State of Maharashtra,

PIN-411018.

Temporarily Residing at

No.5,Mari Chetty Street,

Mandaveli, Chennai – 600 028.                                      …Complainant

 

-Vs-

Real Value Promotors Private Limited,

Rep. by Managing Director,

Amarasri, No.455,

Anna Salai, Teynampet,

Chennai – 600 018.                                                      …Opposite Party

******

Counsel for the Complainant          : M/s. S. Angamuthu

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and after having heard the oral arguments of the Counsel for Complainant,   and as the opposite Party remained Exparte, we delivered the following.

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.       The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 to pay a sum of Rs.25,000/- towards damages for deficiency in service, to pay a sum of Rs.25,000/- towards unfair trade practice, to pay a sum of Rs.20,000/- towards mental agony, and to pay a sum of Rs.10,000/- towards cost of this complaint.

2.     The facts of the complaint in brief are as follows:-

The Complainant booked a flat at No.6 D, 6^th Floor, Q Block in the Project named as Padmalaya proposed to be constructed by the Opposite Party in Siruseri, pursuant to which the Complainant paid a sum of Rs.4,00,000/- on 31.12.2014 to the Opposite Party through RTGS and the Complainant paid another sum of Rs.3,00,000/- on 31.12.2014 through RTGS to the Opposite Party from his wife’s bank account. The Complainant lastly paid a sum of Rs.3,00,000/- on 04.01.2015 by cash to the Opposite Party. In total the Complainant paid a sum of Rs.10,00,000/- out of Rs.32,80,980/-. Pursuant to the above payments the Opposite Party issued booking form to the Complainant, who filled up and submitted it to the Opposite Party on 05.01.2015. As per the schedule of payment, the Opposite Party has to collect 15% of amount of flat cost on booking and further 15% on agreement. The Opposite Party has not at all come forward to execute agreement, though collected payment of more than 30% of cost. The Opposite Party has conveyed thanks through a letter dated 02.02.2015 and had sent scanned booking form to the Complainant via e-mail dated 27.02.2015. The Opposite Party had received Rs.10,00,000/- which is more than 30% of flat cost but has not started any work to construct flat in Block-Q and not even commenced stone laying work for Block-Q. The Opposite Party has sent a mail dated 29.09.2015 informing the Complainant about the starting the foundation work in Block-Q by January 2017. The Complainant was frustrated a lot due to unfair practice of Opposite Party, which is enjoying the cost of Rs.10,00,000/- without any legal rights. On 18.04.2017 the Complainant met the Opposite Party along with his lawyer and auditor, then he realized the unfair delay even in  starting the construction of flat in Block-Q in Padmalaya Project and hence, decided to cancel his booking. The Complainant made a representation dated 24.04.2017, requesting the Opposite Party to cancel his booking of flat and requested to refund the amount paid. As there was no reply from the Opposite Party a reminder was given on 23.05.2017. The Opposite Party neither returned the amount nor replied to the letter. Therefore, the Complainant filed suit for recovery of money before the Hon’ble XVIII Additional City Civil Court, Chennai, for a sum of Rs.10,00,000/- along with interest. This present complaint is for compensation on account of mental agony caused to the Complainant due to their unfair trade practice and deficiency of service.

3.     In spite of receipt of notice, the Opposite Party has not appeared before this Commission and hence, the Opposite Party was set ex-parte.

4.     Though the Opposite Party remained Ex-parte, this Commission is inclined to dispose the case on merits with available material evidence before this Commission. 

5.     In order to prove the allegations made in the complaint, the Complainant had filed Proof Affidavit and Written Arguments and also documents Ex.A1 to Ex.A10 were marked.

6.      The Points for consideration are:-

1. Whether there is any deficiency in service on the part of the Opposite Party?
2. Whether the Complainant is entitled for the reliefs as claimed in the complaint?
3. To what relief, the Complainant is entitled?

Point No.1:-

The Complainant booked a flat at No.6 D, 6^th Floor, Q Block in the Project named as “Padmalaya” proposed to be constructed by the Opposite Party in Siruseri for an estimated cost of Rs.32,80,980/-. As per Ex.A-1 the Complainant has paid a sum of Rs.4,00,000/- on 31.12.2014 vide Receipt No.1089/14-15 issued by the Opposite Party. Further, as per Ex.A-2 a sum of Rs.3,00,000/- has been paid by the Complainant on 31.12.2014 for which a receipt was issued by the Opposite Party vide Receipt No.1090/14-15.   On 04.01.2015 the Complainant has paid Rs.3,00,000/- by cash for which the Opposite Party issued Receipt No.61/14-15 vide Ex.A-3. The Complainant has paid a total sum of Rs.10,00,000/- out of Rs.32,80,980/-. Ex.A-4 is the booking form issued by the Opposite Party which was filled and submitted  by the Complainant on 05.01.2015. On 02.02.2015 the Opposite Party has given a letter, Ex.A-5 thanking the Complainant for finalizing the apartment for the Complainant in their project Padmalaya near Siruseri. The Opposite Party has also sent a scanned booking form to the Complainant by email dated 27.02.2015 as found in Ex.A-6. On 29.09.2016 the Opposite Party had informed the Complainant about the foundation work for Blocks “P” and “Q” and assured to commence the work in the middle of 2017 and handover the possession by July 2018, however the name of the project was wrongly mentioned as Padmasri. As the construction was not commenced the Complainant made a representation on 24.04.2017, Ex.A-8 requesting the Opposite Party to cancel the booking and refund the amount of Rs.10,00,000/-. Ex.A-9 is the reminder sent by the Complainant to the Opposite Party. Even after the letters issued by the Complainant the Opposite Party has neither given any reply nor refunded the amounts paid towards part payment for the purchase of the flat. As per Ex.A-10 the Hon’ble XVIII Additional City Civil Court Chennai by its Judgement and Decree dated 01.02.2019 passed in O.S. No.5868 of 2017 had directed the Opposite Party to pay a sum of Rs.10,00,000/- along with interest. This complaint is filed seeking compensation for the mental agony caused by the Opposite Party due to their unfair trade practice and deficiency in service. The act and conduct of the Opposite Parties in neither constructing the flat nor refunding the amounts collected by them would amount to deficiency in service. The Opposite Party in spite receipt of the notice has not appeared and remained exparte and has not come forward to file Written Version and Proof Affidavit to answer the claim of the Complainant.

Considering the facts and circumstances of the case this Commission is of the considered view that the Complainant was induced to part with a sum of Rs.10,00,000/- and after collecting a sum of Rs.10,00,000/- the Opposite Party has not even commenced construction of the flat in the property and hence the Opposite Party are liable to pay a sum of Rs.50,000/- towards deficiency of service, and also towards mental agony along with a cost of Rs.3000/-.

Point Nos.2 & 3:-

        As we have discussed and decided Point No.1, as against the Opposite Party, the Complainant is entitled for a sum of Rs.50,000/- towards compensation for the deficiency in service,  and also for the mental agony with cost of Rs.3000/-.  Accordingly Point Nos.2 & 3 are answered.

In the result, this complaint is allowed in part.  The Opposite Party is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) towards compensation for the deficiency in service,  and also for the mental agony along with cost of Rs.3000/-(Rupees Three Thousand Only).

The Opposite Party is directed to pay the above amounts within 8 weeks from the date of this order, failing which the Complainant is entitled to recover the above amounts along with interest at the rate of 6% per annum from the date of this order  till the date of realization.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of June 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                     B.JIJAA

         MEMBER II                       MEMBER I                           PRESIDENT

 

List of documents filed on the side of the Complainant:

 

Ex.A1	31.12.2014	Receipt issued by defendant on Receipt of Rs.4 lakhs
Ex.A2	31.12.2014	Receipt issued by defendant on Receipt of Rs.3 lakhs
Ex.A3	04.01.2015	Receipt issued by defendant on Receipt of Rs.3 lakhs
Ex.A4	05.01.2015	Copy of booking form for the flat No.6-D, Q-block,
Ex.A5	02.02.2015	Letter issued by Defendant
Ex.A6	27.02.2015	Mail from Defendant Company
Ex.A7	19.09.2016	Mail from Defendant Company
Ex.A8	24.04.2017	Letter issued by plaintiff to defendant
Ex.A9	-	Reminder issued by plaintiff to defendant
Ex.A10	01.02.2019	Judgment and decree in O.S No.58681/2017

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                       B.JIJAA

         MEMBER II                          MEMBER I                               PRESIDENT