Andhra Pradesh

StateCommission

FA/332/08

Ms Narne Estates Pvt.Ltd. - Complainant(s)

Versus

Smt.J.Chandravathi - Opp.Party(s)

MR.K.R.KOTESWARA RAO

16 Nov 2010

ORDER

 
First Appeal No. FA/332/08
(Arisen out of Order Dated null in Case No. of District Visakhapatnam-II)
 
1. Ms Narne Estates Pvt.Ltd.
Gunrock Enclave, Sec-bad-9.
Secunderabad
Andhra Pradesh
...........Appellant(s)
Versus
1. Smt.J.Chandravathi
Nirmal Nagar, Ongole, Prakasam Dist.
Prakasam
Andhra Pradesh
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. SRI R. LAXMI NARASIMHA RAO PRESIDING MEMBER
 
PRESENT:
 
ORDER

 

BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: ATHYDERABAD.

 

F.A.No. 332 

 

Between

M/s Narne Estates (P) Ltd.,
Gunrock Enclave
Secunderabad-009
rep. by its Chairman & Manging
Director, Col.Retd. Narne Ranga Rao

Appellant/opposite party

       

 

Smt J.Chandravathi W/o Raghava Rao
Aged about 40 years, Occ: Housewife
H.No.1-3-5E, 1st Mehdipatnam, Hyderabad-28
presently r/o Nirmal Nagar, Ongole
Prakasham District, Occ: Housewife
R/o Ramnagar, Ongole-523001

                                                        

F.A.No. 337 

 

Between

M/s Narne Estates (P) Ltd.,
Gunrock Enclave
Secunderabad-009
rep. by its Chairman & Manging
Director, Col.Retd. Narne Ranga Rao

               

Appellant/opposite party

       

 

Smt J.Satyavathi Devi W/o Gandhi Choudhary
C/o Gandhi Choudhary, aged about 44 years
Occ: Housewife, Annapurna Nilayam
Woodnagar, Chirala, Prakasham District

                                                        

Counsel for the Appellant            

Counsel for the Respondent

 

QUORUM:  

&

                           

 

                       

                       

 

 

Oral Order ( As per R.Lakshminarsimha Rao, Member)
  

 

1.    

2.    EastCitythFebruary,1992 , paid an amount of`150/- towards membership fee whereof he was allotted membership number 8899. The respondent paid an amount of`15,000/- through cheque thDecember,2006 with a request to quantify the registration charges and development charges. The appellant stated to have attempted to sell the allotted plot to third parties compelling the respondent approach the District Forum by filing complaint for seeking delivery of possession of the plot besides the relief for an amount of`50,000 for the loss of professional income, pain and suffering.

3.     `100/- to`150/- per sq.yard without being hedged with component of interest. The appellant company stated to have issued letters dated 11-06-1999,9-06-2000,10-12-2001,21-06-2002,6-11-2003,15-12-2003,7-04-2004,11-08-2004,31-10-2004 demanding the respondent to pay development charges of`37,500/- and subsequent upon her failure to pay the amount, cancelled the allotment  

4.    

5.    `15,150/-, paid by the respondent, besides directing it to execute the registered sale deed on receipt of the development charges of`37,500/- from the respondent.

6.     

7     

8.         `150/-on 15thEastCity`15,000/- by the respondent through cheque dated 7thth

9.            `15,000/- through cheque dated 7th  

 

10.       `14,250/- till the month of January,1996 and thereafter an amount of`750/- per month with a remark that non payment of the development charges as per the schedule `37,500/- @`150/- per sq.yard on the premise that non payment of the development charges by the respondent and other allottees resulted in escalation of the development expenses as the appellant company had completed the development work by investing huge amounts by drawing funds from alternate sources. The news letters dated 9-06-2000,10-12-2001,21-06-2002,6-11-2003,15-12-2003,7-04-2004,11-08-2004,31-10-2004 and 10-01-2006 for development charges of`37,500 were said to have bee issued with a demand for development charges of`37,500/- with interest @15% thereon. For these news letters there is no evidence as to their dispatch and for their service upon the respondent.

11.       th

    

 

12.       

13.        th    

14.       

15.       

16.       

17.       thDecember,2006 and secondly she has the benefit of the increase in the cost of the plot. Therefore, direction to the extent of the interest on the amount of Rs.15,150/- is liable to be set aside. 

18.       

 

 

                                                  

                                                                                                           MEMBER

 

       

                                                                               

KMK*

 

 

 

 

 

 

 
 
 
 
 
 
[HONABLE MR. SRI R. LAXMI NARASIMHA RAO]
PRESIDING MEMBER

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