Tamil Nadu

StateCommission

CC/10/2018

J.K.Santhosh - Complainant(s)

Versus

Selvasurai Vignesh Raj, Director, Anand Manor Pvt Ltd - Opp.Party(s)

Party in person-Complt

09 May 2023

ORDER

                                                                   Date of filing : 31.11.2017

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                            BEFORE    Hon’ble THIRU. JUSTICE  R. SUBBIAH           ::      PRESIDENT                       

                                                Thiru.R.VENKATESA PERUMAL                     ::      MEMBER

 

 CC. No. 10/2018

 

                                                               DATED THIS THE   9^TH  DAY OF MAY 2023

 

 

Mr.T.K.Santhosh,

Residing at

24/9, First Floor,

Vaikkam Veerar Street,

East Tambaram,

Chennai 600 059                                                                  ..Complainant

 

                                                      Vs

 

Mr. Selvadurai Vignesh Raj,

Director,

Anand Manor private Ltd,

No.6, rukmani street,

West Mambalam,

Chennai 600 033                                                                ..Opposite party

 

 

For the complainant                                           : party in person

Counsel for the opposite party                            : M/s M.R.Sheik Abdul Rahim

 

This complaint having come up for final hearing before us on 10.4.2023. and hearing  arguments of complainant and upon perusing the material records submitted by bothsides and this Commission made the following:-

 

 

ORDER

Thiru. R VENKATESAPERUMAL, MEMBER

 

1.       The present complaint was filed by the complainant praying to direct the opposite party to pay a sum of Rs.22,00,000/- towards compensation for negligence, Rs.8,00,000/- towards mental agony and hardship and cost.

 

2.       The case of the complainants is that based on the advertisement given by the opposite party in respect of a construction project namely  “Anand Manor” in Tambaram Sanitoriam, the complainant decided to book a flat measuring to an extent of 906 sq.ft in the first floor with a covered car park for a basic sale price of Rs.48,92,400/-. The opposite party in the broucher of the above project committed to handover the flat within six months for which the booking charge of Rs.5 lakhs to be paid immediately. The complainant paid Rs.5 lakhs by way of two cheques by selling his jewellery believing that the flat would be handed over to him within six months. The opposite parties thereafter had arranged for construction agreement dated 9.4.2014, in which the following clauses were mentioned.

          Clause 10 : The builder shall made every endeavor to complete the construction of the building before six months.

          Clause 12 : The builder will not be responsible for any delay in giving electricity connection.

          Schedule C & D  contains the amenities to be provided in the flat. 

3.        The opposite party committed to handover the flat on 31.7.2015 as a response to the mail sent by the complainant on 1.6.2015, but nothing happened in reality as committed. Hence the complainant sent mail to the opposite parties on 17.7.2015 and 20.7.2015 requesting for compensation of Rs.40,000/- per month from August 2015. In response to the said letter opposite party had arranged for a meeting with the complainant and committed to hand over the flat by October 2015, and asked the complainant to pay an additional sum of Rs.3,40,000/-. Hence the complainant approached Selaiyur Police Station on 21.12.2015 where the opposite party came and promised to hand over the completed flat by 31.3.2016. The complainant had paid Rs.43,11,000/- which is more than 90% of the amount of sale price as on 11.6.2014,  but the opposite party did not complete the flat even after lapse of 3 years. When the complainant visited the building on 14.10.2017, he found that there is no development in the construction of flat. Even there is no provision of electricity connection. Since the opposite party has not handed over the completed flat in time as per the commitment there is clear deficiency in service on the part of the opposite party which needs to be compensated.  Hence the present complaint has been filed for the following reliefs :

To direct the opposite party to pay a sum of Rs.22,00,000/- towards compensation for negligence, Rs.8,00,000/- towards mental agony and hardship and cost.

 

4.       The opposite party had resisted the complaint by filing a version stating that the complainant booked a flat in the  project “Anand Manor” in Tambaram Sanitoriam, measuring to an extent of  906 sq.ft in the first floor with a covered car park for a basic sale price of Rs.48,92,400/-. As per the construction agreement the opposite party committed to handover the flat within 6 months from the date of the agreement, but the said period could be extended if such extension is warranted by extraordinary circumstances such as non-availability of building materials or unforeseen delay from Government Department like Electricity Board, CMWSS Board. Further the complainant had demanded extra works which was agreed on additional payment of Rs.2,25,000/-. The list of additional works are as follows

1. Demolition of western toilet and converting to Indian toilet
2. Provision of Washing machine in the bedroom area
3. Additional electrical point in the hall
4. Additional pooja cupboard in the hall
5. 9 inch cupboard slap converted to 15 inch
6. Additional work of invertor provision 

5.        This additional charge for the extra works have been already informed to the complainant through RPAD, which got returned undelivered.  Hence the complainant has to pay Rs.6,21,008/- and Rs.2,25,000/-.  The opposite party tried to complete the work without compromising quality within six months but there is a delay in giving electrical connection by the Tamilnadu Electricity Board. The complainant did not respond to the mail dated 21.10.2016 sent by opposite party, requesting the complainant to furnish the original documents to apply for EB connection which is one of the reasons for delay in handing over the completed flat. The complainant had constructed 7 flats in total out of which six flats have been sold out and the purchasers had taken possession of the flat in November 2016 itself. Whereas the complainant did not pay the amount due to the opposite party and take over the flat, which was completed in November 2016 in all respects. The opposite party had informed the complainant through mail, phone call and in person, but there is no response from the complainant. Now the complainant had approached this commission without clean hand. There is no merits in the case. Thus the opposite party prayed for the dismissal of the complaint.

 

6.       In order to prove the case, the complainant, along with proof affidavit, has filed 11 documents and the same have been marked as Ex.A1 to A.11. No documents were filed on the side of opposite party.

    We heard the arguments of learned counsel appearing on complainant and perused the documents. 

7.       Points for Consideration:

       Whether there is any deficiency in service and unfair trade practice on the part of the opposite parties as alleged by the complainants? If so for what relief the complainants is entitled to?

8.       POINT:

        The complainant booked a flat in the  project called “Anand Manor” in Tambaram Sanitoriam measuring to an extent of 906 sq.ft in the first floor with a covered car park for a basic sale price of Rs.48,92,400/-. As per the construction agreement the opposite party committed to handover the flat within 6 months from the date of the agreement, but however the said period could be extended if such extension is warranted by extraordinary circumstances such as non-availability of building materials or unforeseen delay from Government Department like Electricity Board, CMWSS Board. Further the extra works demanded by the complainant were agreed to provide on additional payment of Rs.2,25,000/-.

9.      But there is a delay in the construction works due to delay in giving electrical connection. Further the complainant did not submit original documents to apply for EB connection which is one of the reasons for delay in handing over the completed flat. Out of 7 flats totally constructed 6 flats have been sold out and purchasers had taken possession of the flat in November 2016. Whereas, the complainant did not pay the amount due to delay on the part of opposite party in completing the construction.  Though the opposite parties completed the project, it was not in time as per the construction agreement which is a deficiency in service, which needs to be compensated to the complainant. As per the prayer of the complainant, the complainant has not preferred refund of the amount that he has paid for the flat, and he had sought for Rs.22,00,000/- towards compensation for negligence and Rs.8,00,000/- towards mental agony along with cost. Moreover we are of considered  opinion, considering the factual background of the case awarding a sum of Rs.2,00,000/- towards compensation for negligence and mental agony and Rs.25,000/- towards cost should meet the interest of justice.

   

 In the result,

1. The complaint is allowed in part.
2. The opposite party is directed to pay a sum of Rs.2,00,000/- towards compensation for negligence and mental agony and Rs.25,000/- as litigation expenses. 
3. On receipt of the amounts awarded, the complainant shall execute the reconveyance deed in respect of the UDS in the land at the cost of the opposite party.

         

 

 

    R  VENKATESAPERUMAL                                                      R SUBBIAH     

                MEMBER                                                                   PRESIDENT

 

DOCUMENTS FILED ON THE SIDE OF COMPLAINANT :

Ex.A.1          copy of advertisement of Anand Manor dated 16.3.2014

Ex.A.2          copy of Brochure and application form dated 4.4.2014

Ex.A.3          payment from saving Bank A/c Rs.5 Lakhs 8.4.2014

Ex.A.4          copy of construction agreement dated 9.4.2014

Ex.A.5          copy of loan sanction letter dated 14.5.2014

Ex.A.6          copy of cash receipts dated 6.6.2014

Ex.A.7          copy of sale deed dated 11.6.2014

Ex.A.8          copy of payments made from Home loan

Ex.A.9           payment made through complainant’s bank account dated 28.9.2015

Ex.A.10        copy of E.mail sent to S.Vignesh Raj, Director

Ex.A.11        copy of email received from Anand Manor dated 4.4.2016

 

No document on the side of opposite party

 

R  VENKATESAPERUMAL                                                          R SUBBIAH     

                MEMBER                                                                   PRESIDENT