FILED ON: | 11-02-2015 |
ORDER ON: | 23-06-2015 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY
C.C.No.34 of 2015
Present :
(1) Shri. R.Bandachar,
B.Com, LL.B. (Spl) …… President
(in-charge)
(2) Smt Mary Havila,
B.A. …… Member
DATED THIS THE 23rd DAY OF JUNE 2015
COMPLAINANT By- Shri M Lokesh, Advocate, Bellary. //VS// | A. Prashanth, S/o late Babu Naidu, Age: 32 years, Neelagaru compound, 3rd cross Link road, Bellary District. |
RESPONDENTS Exparte. | 1) Sri Shiva Sai Developers, represented by its Partner Sri Elluru Ravikumar, resident of Near Kavitha Degree college, Dwaraka Nagar, Land Mark Old RTO, Khammam 507 210, State of Telangana. 2) Sri Shiva Sai Developers, represented By its Partner Sri Mandarapu Madhava Rao, S/o Venkatappaiah, resident of near Kavitha Degree College, Dwaraka Nagar, Land Mark Old RTO, Khammam-507 210, State of Telangana. |
// O R D E R //
Per Shri R Bandachar.
The complainant filed the complaint against the respondents U/Sec-12 of the Consumer Protection Act 1986.
2. The brief facts of the complainant’s case are that the respondents launched a real estate business in Bellary city in the name and style of Sri Siva Sai Developers and invited the public to become members of the scheme launched by them by advertising in local newspaper showing the location of the plots on Bellary-Hospet road, Opp: Aqua Fun measuring 1200 sq.ft. (30 x 40) for Rs.72,000/- on easy installments of Rs.1,500/- per month for 60 months. The respondents started the scheme in the year 2007 and assured that the scheme would be completed by 2014 with all facilities like parks, main road, inner roads etc. The complainant entered into agreement with the respondents on 23-02-2007 to purchase a plot D-030 and regularly paid the installments totalling Rs.48,000/- and the respondents issued a passbook. The complainant has made the last payment on 13-03-2011. Thereafter, the respondents were not present whenever the complainant visited the office. This made the complainant to suspect the act of the respondents. The complainant came to know that no layout was formed, when he visited the proposed layout site. The respondents failed to complete the scheme and register the sale deed in favour of the complainant. The act of the respondents amounts to deficiency in service. Hence, the complaint.
3. On service of notice when the respondents failed to appear they are placed exparte.
4. The complainant to prove his case, as his evidence, filed his affidavit, which is marked as P.W.1 and got marked 01 document as Ex.P.1.
- Heard the oral arguments on complainant’s side.
6. The points that arise for our consideration are;
1. | Whether the complainant has proved deficiency in service on the part of the respondents towards him, as alleged in the complaint? |
2. | Whether the complainant is entitled for the reliefs prayed for in the complaint? |
3. | What order? |
7. The findings on the above points are as under.
Point No.1: | In the affirmative. |
Point No.2: | Partly in the affirmative. |
Point No.3: | As per final order. |
// R E A S O N S //
Point No.1 : -
8. There is no challenge to the case of the complainant from the respondents as they are exparte.
9. To prove that the complainant had paid total amount of Rs.48,000/- in installments, produced the copy of the passbook said to have been issued by the respondents which is marked as Ex.P.1. The respondents having not registered the plot in the name of the complainant as agreed by them under the agreement, the complainant is entitled for refund of the amount paid by him. Non-refund of the said amount by the respondents to the complainant amounts to deficiency in service on their part. Accordingly, we answer this point in the affirmative.
Point No.2 :-
10. As the complainant proved that he had paid Rs.48,000/- to the respondents towards the plot and as the plot being not allotted and registered in his name by the respondents, he is entitled for refund of the amount paid by him, from the respondents along with interest, compensation towards deficiency in service and cost of the proceedings, which shall be as per final order. Accordingly, we answer this point partly in the affirmative.
Point No.3 : -
11. In view of the discussions made under Point No.1 and 2, we pass the following;
// ORDER //
The complaint filed by the complainant is partly allowed.
The complainant is entitled to recover Rs.48,000/- with interest @ 9% p.a. from 13-03-2011 (last date of the payment) till its realization, from the respondents.
The complainant is entitled to recover Rs.3,000/- towards compensation for deficiency in service, from the respondents.
The complainant is also entitled to recover Rs.2,000/- towards cost of the proceedings, from the respondents.
The respondents are jointly and severally liable to pay the above said amounts to the complainant within two months from the date of this order.
Inform the parties accordingly
(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 23rd day of June 2015) |
| (R.BANDACHAR) PRESIDENT |
| (MARY HAVILA) MEMBER |
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