Tamil Nadu

South Chennai

cc/221/2013

Padmini Vasudevan - Complainant(s)

Versus

Sai Prasad - Opp.Party(s)

M/s. Mahesh Kumar. S

05 Oct 2017

ORDER

                                                                        Date of Filing :   10.07.2013

                                                                        Date of Order :   05.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.221/2013

THURSDAY THIS  5^TH DAY OF OCTOBER 2017

 

Padmini Vasudevan,

W/o. V.Vasudevan,

No.13/6, Nelli Veeraswamy Street,

Yes Bee Flats, 2^nd Floor,

Triplicane 600 005.                                               .. Complainant

 

                                        ..Vs..

 

1.  Harmony Residences Private Limited,

Rep. by its Director,

“Sai Prasad”, No.11,

(Old NO.42), 12^th Avenue,

Ashok Nagar,

Chennai 600 083.

 

2. Jones Lang LaSalle,

Rep. by its Director,

Level 8, Tower II,

Beliciaa Towers,

Block No.94,

MRC Nagar,

Chennai 600 028.                                      .. Opposite parties.

 

Counsel for Complainant          :    M/s. S. Mahesh Kumar      

Counsel for opposite party-1    :    Exparte.

For opposite party-2              :    M/s. P. Balasubramaniam & another     

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.8,74,576/- with interest and also  to pay a sum of Rs.13,500/- towards loan process fees and Rs.  Rs.8,00,000/- towards compensation for mental agony and to pay cost of the compliant.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that she booked an apartment in Blue Moon project  after seeing the broacher and site  visits and paid a sum of Rs.3,00,000/- towards booking fees.  The complainant also state that she  paid a sum of Rs.3,00,000/- towards booking charges on 28.2.2012.   Thereafter the complainant entered into an agreement of sale cum construction agreement with the 1^st opposite party.  The complainant further state that as per the construction agreement the opposite party builder nominated to construct a  flat No.302 in 3^rd  floor, Block “E”  build up area 997 sq ft. at the rate of Rs.3599/- per sq. ft.   The complainant shall pay the said amount within the period of 36 installments.   Since the opposite parties has not started the work in proper time.   Hence the complainant demanded a sum of Rs.5,74,576/-.    Further the complainant state that thereafter on 2.4.2013 the complainant requested the 1^st opposite party to provide the planning permission order of approval etc.   The 1^st opposite party had submitted planning permission application with CMDA.   In response to the above the 1^st opposite party sent a copy of letter received from CMDA dated 6.12.2012.   Till date the status of the above application has not been made available to the complainant by the 1^st opposite party.   The 1^st opposite party to handover the possession by end of 2013.    Therefore several oral request were made to the opposite parties and requested to return the said amount of Rs.8,74,576/-  with interest.      As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.  Inspite of service of notice the opposite party-1 is called absent and set exparte.

3. The brief averments in Written Version of  the opposite party-2 are as follows:

        The 2^nd opposite party denies each and every allegation except those that are specifically admitted herein.   The 2^nd opposite party submit that  the complainant paid Rs.3,00,000/- as booking  charges on 28.2.2012.   This 2^nd opposite party is no way connected with booking amount only the complainant and 1^st opposite party are involved the transaction.     Admittedly on 5.12.2012 the 1^st opposite party and the complainant had entered into sale cum construction agreement as per the flat No.302 in Block E.  As per the documents the complainant paid a sum of Rs.5,74,576 and Rs.3,00,000/- to the 1^st opposite party dated 5.12.2012 and 6.12.2012.    The 2^nd opposite party submit that the complainant sent a request for the progress of the construction at the site.  The 1^st opposite  party sent their details of the progress with CMDA and informed the complainant that the current status of the project.   Every development of the project were sent to the complainant by the opposite party.    This opposite party is not held responsible for delay.  Hence there is no deficiency in service on the part of the opposite party  and therefore this complaint is liable to be dismissed.

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A16 marked.  Proof affidavit of  2^nd opposite party filed and Ex.B1 to Ex.B11 marked on the side of the 2^nd opposite party  

5.   The points for the consideration is:  

1. Whether the complainant is entitled to a sum of Rs.8,74,576/- with interest at the rate of 18% p.a. as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.13,500/- paid towards loan process fees and sum of Rs.8,00,000/- towards compensation for mental agony with cost as prayed for ?

6.      POINTS 1 & 2:  -

        Heard both sides.  Perused the records.  Admittedly the complainant booked an apartment in Blue Moon project  after seeing the broacher and cite  visits and paid a sum of Rs.3,00,000/- towards booking fees.   The complainant paid a sum of Rs.3,00,000/- towards booking charges on 28.2.2012 as per Ex.A3 receipts.   Thereafter the complainant entered into an agreement of sale cum construction agreement with the 1^st opposite party as per Ex.A10.   As per the construction agreement Ex.B7 the opposite party builder nominated to construct a  flat No.302 in 3^rd  floor, Block “E”  build up area 997 sq ft. at the rate of Rs.3599/- per sq. ft.   The complainant shall pay the said amount within the period of 36 installments.  Since the opposite parties has not started the work in proper time and has not progressed the work and demanded a sum of Rs.5,74,576/- as per Ex.A12.  The complainant paid the amount after pledging the jewels and other ways on 5.12.2012.   Thereafter on 2.4.2013 the complainant requested the 1^st opposite party to provide the planning permission order of approval etc.   The 1^st opposite party instead of furnishing the planning permission letter received from CMDA dated 6.12.2012.    Even after a lapse of 1 ½ years the opposite parties has not obtained proper planning permission from the CMDA and started construction.   Hence the complainant is constrained to cancel the agreement and requested to return the said amount of Rs.8,74,576/-  with interest.

7.     The contention of the 2^nd opposite party is that admittedly the complainant paid a sum of Rs.5,74,576/- in two occasions and a sum of Rs.3,00,000/- on 5.12.2012 towards booking charges and a sum of Rs.5,74,576/- on 5.12.2012  due receipts also given to the complainant.   The opposite party with due diligence started the construction immediately after obtaining planning permission.  But not such planning permission from CMDA produced before this forum.  Equally no approved plan also furnished.  Further the learned counsel for the opposite party contended that after receipt of the amount from the complainant due sale cum construction agreement dated 5.12.2012 was executed the said agreement was valid for one year.   The complainant before the prescribed period mentioned in the agreement issued notice cancelling the agreement.   The opposite parties has not suitable to that.  The allegation that the opposite parties wantonly and deliberately cheated the complainant is absolutely false.   Further the contention of the opposite parties is that claiming interest at the rate of 18% p.a. is not permissible as per law.   Equally the claim of compensation of Rs.8,00,000/- towards mental agony is baseless.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.8,74,576/- with interest at the rate of 9% p.a  from the  6.12.2012 to till the date of realization and also shall pay compensation of  Rs.30,000/- towards mental agony with cost of Rs.5,000/- and the points are answered accordingly. 

        In the result the complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.8,74,576/- (Rupees Eight lakhs Seventy four thousand five hundred and seventy six only) with interest at the rate of 9% p.a  from 6.12.2012 to till the date of realization and also shall pay compensation of  Rs.30,000/- (Rupees Thirty thousand only) towards mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant  within six weeks from the date of receipt of this order failing which the above compensation amount Rs.30,000/- shall carry interest at the rate of 9% p.a. from the date of this order to till the date of realization.

 

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 5^th day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         -       - Copy of Brochures issued by the 1^st opposite party.

Ex.A2- 4.2.2012    - Copy of email sent by 1^st opposite party enclosing broucher

Ex.A3- 28.2.2012  - Copy of  cheques and receipts.

Ex.A4- 29.2.2012  - Copy of email sent by the 1^st opposite party.

Ex.A5- 18.6.2012  - Copy of email sent by the 1^st opposite party.

Ex.A6- 19.11.2012         - Copy of email communication between the complainant and

           Till 22.11.12- opposite parties.

 

Ex.A7- 27.11.2012         -  Copy of email sent by 2^nd opposite party.

Ex.A8- 1.12.2012  -  Copy of jewel loan obtained by complainant.

Ex.A9- 4.12.2012  -  Copy of email sent by 2^nd opposite party.

Ex.A10-5.12.2012 -  Copy of sale cum agreement.

Ex.A11- 5.12.2012         -  Copy of cheque issued by the complainant

Ex.A12- 6.12.2012         -  Copy of receipt for payment.

Ex.A13- 2.4.2013  -  Copy of email sent by 2^nd opposite party.

Ex.A14- 24.5.2013         -  Copy of legal notice.

Ex.A15- 2.7.2013  -  Copy of reply notice.

Ex.A16-       -       -  Copy of email transaction between the complainant

                               and the opposite party.

 

Opposite parties’ side document: -     

Ex.B1- 21.1.2012  -  Copy of Marketing Agreement.

Ex.B2- 4.2.2012    -  Copy of 1^st opposite party invites the complainant for their

                                project.

Ex.B3- 28.2.2012  - Copy of payment receipt of the complainant.

Ex.B4- 5.3.2012    - Copy of invites the complainant for Bhoomi Pooja.

Ex.B5- 18.6.2012  - Copy of mail sent by 1^st opposite party.

Ex.B6- 20.11.2012         - Copy of mail from complainant to the 1^st opposite party.

Ex.B7- 5.12.2012   - Copy of sale cum construction agreement.

Ex.B8- 6.12.2012  - Copy of payment receipt.

Ex.B9- 2.4.2013    - Copy of mail from the complainant.

Ex.B10- 6.12.2012         - copy of letter of CMDA for the project.

Ex.B11- 24.5.2013         - Copy of legal notice.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.