BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 29th day of July 2011
Filed on : 04/06/2011
Present :
Shri. A Rajesh, President.
Smt. C.K. Lekhamma, Member
C.C. No. 287/11
Between
K. Narayanan, : Complainant
S/o. Late E. Gopalan, (Party-in-person)
Residing at “Annapoorna”,
Thiruvankulam, P.O.,
Thiruvankulam,
Ernakulam-682 305.
And
Saju K.A. : Opposite party
Businessman, (Absent)
S/o. Abdul Khader,
residing at Poovathumoottil Kadavil,
Edapally, Managing Director,
Apple A Day Properties
Pvt. Ltd., Apple Towers,
Palarivattom, Edapally,
Kochi-24.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
On 17-05-2008 the complainant booked a plot with the opposite party by paying Rs. 1,00,000/-. The opposite party assumed that the plot would be handed over to him within 3 months from the date of booking. In spite of repeated requests the opposite party failed to register the plot in favour of the complainant. Finally on 06-11-2011 the complainant sent an e-mail to the opposite party to refund the advance amount. Since there was no response, the complainant sent a registered letter demanding to return the money, but in vain. Thus the complainant is before us seeking direction against the opposite party to refund the amount with 9.25% interest p.a. together with costs of litigation and other incidental charges.
2. The notice of the opposite party has been returned ‘unclaimed’. Proof affidavit has been filed by the complainant. Exts. A1 to A6 were marked on his side. Heard the complainant who appeared in person.
3. The points that arose for consideration are
i. Whether the complainant is entitled to get refund of Rupees. One lakh from the opposite party or not?
ii. Costs of the proceedings and incidental damages if any
4. Point No. i. The complainant had paid a sum of Rs.1,00,000/- to the opposite party on 17-05-2008 towards advance amount to purchase 5 cents of land (plot No. 337) in the project Apple New Cochin, evidenced by Ext. A2 receipt. On the same day the opposite party issued Ext.A1 allotment letter to the complainant. The opposite party failed to deliver the plot as agreed by him. Thereafter the complainant caused Ext. A5 letter dated 06-05-2011 demanding to refund the advance amount, but there was no response. Since the opposite party failed to comply with the terms in Ext. A1 they are liable to refund the advance amount to the complainant. No explanation is following on the part of the opposite party for the non delivery of the plot to the complainant. The above conduct of the opposite party amounts to not only deficiency in service but also unfair trade practice on the part of the opposite party to which the opposite party is answerable.
5. The complainant here before us a consumer has had to suffer a lot of mental agony and inconveniences unnecessarily for no fault of his own rather due to the gullibility of the tall claims of the opposite party. Costs are called for we fix it at Rs. 10,000/-.
6. Resultantly, we allow the complaint and direct that
i. the opposite party shall refund the amount as per Ext. A3
together with interest @ 9.25% from the date of receipt till realization.
ii. The opposite party shall pay Rs. 10,000/- to the complainant for the reasons stated above.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order
Pronounced in the open Forum on this the 29th day of July 2011.
Sd/- A Rajesh, President.
Sd/-C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s Exhibits
Ext. A1 : Copy of allotment letter dated nil
A2 : Copy of receipt voucher
dated 17-05-2008
A3 : Copy of e-mail dated nil
A4 : Copy of e-mail dt. 06-04-2011
A5 : Copy of letter dt. 06-05-2011
A6 : Copy of e-mail dated 17-05-2011
Opposite party’s exhibits : : Nil
