Andhra Pradesh

Chittoor-II at triputi

CC/3/2018

Madumuri Ramadevi, W/o M.Ramadasu - Complainant(s)

Versus

RP Constructions India Pvt Ltd., Rep. by its Authorised Person. - Opp.Party(s)

Badri Sekhar Babu

06 Jul 2018

ORDER

         

 

                                                                                                                                                                    Filing Date: 02-01-2018                                                                                                                                                                                      Order Date: 06-07-2018

 

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

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

                                                                                               Smt.T.Anitha, Member

 

 FRIDAY THE SIXTH DAY OF JULY, TWO THOUSAND AND EIGHTEEN

 

C.C.No.03/2018

Between

Madumuri Ramadevi,  W/o. Madumuri Ramadasu,

Hindu, Aged about 42 years, House maker,

Residing at D.No. 10/1374,

Sri Saraswathi English Medium High School,

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 21.06.2018 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 having remained exparte and complaint against opposite party No.2  having been dismissed as not pressed on 27.02.2018 having stood over till this day and 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.10,000/- which was paid by the complainant as an advance to the opposite parties for booking of the house plot on 27.04.2016 with interest at 24 percent per annum 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 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 party’s venture the complainant  intended to purchase the plot in the said venture and booked one plot by paying an advance of Rs.10,000/- on 27.04.2016. Accordingly the opposite parties issued receipt and pass book 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 plot. Though the first opposite party promised to return the same, even 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, left with no other option, the complainant 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 and the notice of the second opposite party is returned with an endorsement, “no such addressee was present in the said address”. As the opposite parties after receipt of the advance amounts closed the venture abruptly with an intention to extract the money from the customers in order to cheat them, and the same amounts to deficiency in service on part of the opposite parties,  the complainant filed the present complaint.

        3.  Opposite party No.1 is refused to receive the notice 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 on 27.02.2018 stating that claim against opposite party No.2 was not pressed. Hence this forum dismissed the claim against opposite party No.2.  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.1 towards 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 the plot in the venture of the opposite parties venture which is under the 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 plot in the above said venture.  Hence the complainant   has paid Rs.10,000/-  as  an advance on 27.04.2016 for booking of the plot and the opposite parties issued the pass book under Ex.A1 and the payment was endorsed in the passbook  by the opposite parties. The complainant further submits that, he approached opposite party no.2’s office who is in charge 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 dt: 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 part of 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 plot 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 opposite parties towards the complainant.  This point is answered in favour of the complainant accordingly.

                   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.10,000/- (Rupees ten thousand only) which was paid by him  towards purchase of the plot to the opposite parties along with interest at 9 percent per Annum from the date of payment i.e 27.04.2016 till realization. The complainant is further entitled of Rs.3,000/- (three thousands only) as compensation for the mental agony suffered by him and deficiency in service. The complainant is further entitled of Rs.2,000/- towards costs of  the complaint.

        9.Point (iii):-   In view of our discussions 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.10,000/- (Rupees ten thousand only) which was paid by the complainant towards purchase of the plot on 27.04.2016 with interest at 9 percent per annum from the date of the payment till realization. The opposite party No.1 is further directed to pay an amount of Rs.3,000/- (Rupees three 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.3,000/- (Rupees three thousand only)  also shall carry interest at 9 percent per annum from the date of this order till realization.

        Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 06^th day of July, 2018.

           Sd/-                                                                                                                    Sd/-

    Lady Member                                                                                                 President (FAC)

 

APPENDIX OF EVIDENCE

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Madumuri Ramadevi (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite Parties.

                                                                                                      -NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy of pass book (RP Constructions India Private Limited, Visakhapatnam) issued by the opposite parties in the name of complainant. Pass Book No.4.
	Original copy of Brochure issued by the opposite parties in the name of            “Bhavanipuram, Tirupati , A Project by RP Constructions India Private Limited” .
	Office copy of Legal Notice issued by the complainants to the opposite parties with postal receipts. Dt: 29.05.2017.
	Postal Acknowledgement card from the 1st opposite party. Dt: 03.06.2017.
	Return cover from the 2nd opposite party. Dt: 02.06.2017.

 

 

 

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.