Andhra Pradesh

Visakhapatnam-II

CC/298/2012

Rajib Kumar Sahu - Complainant(s)

Versus

Sri Mathrusri Township - Opp.Party(s)

Ch. Papa Rao

09 Apr 2015

ORDER

                                              Date of Registration of the Complaint:21-09-2012 

                                                                                                Date of Order:09-04-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Thursday, the 9^th day of April, 2015.

                             CONSUMER CASE No.298/2012

Between:-

Rajib Kumar Sahu, S/o Sri Satrughara Sahu,

aged 35 years, Hindu, Working as Lieutenant

in Indian Navy, Visakhapatnam.

                                                                                                   ….. Complainant

And:-

Sri Mathrusri Township, Rep. by its Managing

Director, P. Visweswara Rao, Office situated at

D. No. 65-6-571/D, Himachal Nagar, Near Zinc

Main Gate, Gajuwaka, Visakhapatnam.

                                                                                             …  Opposite Party

                     

This case coming on 08.04.2015 for final hearing before us in the presence of Sri Ch. Papa Rao, Advocate for the Complainant and Sri B. Rama sRao & Sri G. Mohan Rao, Advocates for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant paid an amount of Rs.20,000/- towards two Plots Nos. 253 and 252 of the Dwarakanagar layout.    The Complainant has paid Rs.500/- by way of cash and remaining Rs.19,500/- paid by way of cheque No.94091 in ICICI Bank, Visakhapatnam.   The Complainant had visited the said layout for several times and found that the venture is not develop, as per the rules and regulations of  Visakhapatnam Urban Development Authority.   The Complainant approached the Opposite Party and requested them to refund the said amount, but the Opposite Party refused to refund the said amount to the Complainant.   Inspite of many requests made by the Complainant, the Opposite Party did not register the plot or refund the amount the Complainant.   Hence, this complaint.

2.       a) To direct the Opposite Party to refund an amount of Rs.20,000/- along with the accrued interest thereon @ 24% per annum from the respective date of payments to actual realization;

          b) To direct the Opposite Party to pay an amount of Rs.50,000/- towards compensation for causing mental agony and financial hardship to us;

          c) To direct the Opposite Party to pay an amount of Rs.5,000/- towards cost to these legal proceeding;

          d) To deem fit and proper and circumstances of the case this Forum may be pleased to pass an appropriate order in favour of the Complainant in the interest of justice.

 

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The Opposite Party stated that the Complainant paid initial amount of Rs.20,000/- for booking of two plots and thereafter the Complainant did not pay the remaining cost of the plot either by way of installments or lump sum inspie of repeated demands made by the Opposite Party officials.   The Opposite Party laid the layout as per norms of VUDA and has sold away the plots to various individuals with absolute right and title.   The Opposite Party has invested huge amounts for development of the above said layout i.e., for levelling the site, for construction of drainages, for providing electrical lines and for the Opposite Party has spent the amount paid by the Complainant.    After development of the layout, the Opposite Party several times requested and demanded the Complainant to get the registration of the plot allotted to him by paying the balance sale consideration, but the Complainant failed to pay the balance amount.    As such, the Opposite Party sold away the said plot allotted to the Complainant to another individual, so there is no plot to be allotted to the Complainant.   So, they have no liability to pay any reliefs asked by the Complainant. 

 

         

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A3 are marked for the Complainant.    No documents are marked for the Opposite Party.  Heard the Complainant.

 

5.       Ex.A1 is the Cash Receipt issued by the Branch Manager for   MATHRUSRI TOWN SHIP towards Plot Nos. 253 and 252dated 06.11.2011.   Ex.A2 is the ICICI Bank Statement of the Complainant dated  01.10.2011 to 31.12.2011.   Ex.A3 is the visiting card of the Managing Director P. Visweswara Rao for MATHRUSRI TOWN SHIP.  

 

6.       The fact shown from Ex.A1 reveals that the Complainant paid Rs.500/- by way of cash and Rs.19.500/- by way of cheque in total Rs.20,000/- to the Opposite Party and the Opposite Party Branch Manager acknowledged the same.   Ex.A2 reveals that Rs.19,500/- was transferred to P. Visweswara Rao from the Complainant’s account.

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that there is no dispute regarding Rs.20,000/- as paid by the Complainant and also the Opposite Party received the said amount on 06.11.2011 as per Ex.A1.   The Opposite Party stated in their counter that they had received an amount of Rs.20,000/- towards initial amount from the Complainant in their MATHRUSRI TOWN SHIP.   As per the terms and conditions, the Complainant paid only Rs.20,000/- towards plots, but he has to pay remaining balance amount to the Opposite Party, the Opposite Party stated in their counter that the Complainant failed to pay the balance amount, so, they have sold the 2 plots to other individuals.   The Opposite Party stated that they have developed the venture, as per the norms of the VUDA.   But they failed to produce any piece of material before this Forum as they developed the said venture.   They have received an amount of Rs.20,000/- from the Complainant, on 6.11.2011they failed to refund the amount or registered the plot to the Complainant.   It amounts to deficiency of service coupled with unfair trade practice on the part of the Opposite Party.   Hence, the Complainant is entitled to Rs.20,000/- with interest, some compensation and costs too.

 

 

9.       In the result, this Complaint is allowed directing the Opposite Party: a) to pay an amount of Rs.20,000/- (Rupees Twenty thousand only) with interest @ 9% p.a. from 06.11.2011 till the date of actual realization, b) a compensation of Rs.2,000/- (Rupees Two thousand only) and c) Costs of Rs.2,000/- (Rupees Two thousand only) to the Complainant.   Time for compliance, one month from the date of this order.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 9^th day of April, 2015.

    

Sd/-                                          Sd/-                                      Sd/-

President                              Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	06.01.2011	Cash Receipt  No. 74 an amount of Rs.20,000/- issued by the OP in favour of Complainant	Original
Ex.A02	01.10.2011 to 31.12.11	ICICI Bank Statement of Complainant	Original
Ex.A03		Visiting Card of the P. Visweswara Rao, Managing Director of Sri Mathrusri Township, Gajuwaka, Visakhapatnam	Original

For the Opposite Party:-               

                  

                                                -Nil- 

Sd/-                                     Sd/-                                              Sd/-

President                          Male Member                                Lady Member