Tamil Nadu

Thoothukkudi

CC/50/2014

G.Vivaigandan - Complainant(s)

Versus

The Administrative Officer - Opp.Party(s)

Tmt.V.Neelaveni

24 Feb 2015

ORDER

Filed on:03/07/2014.

                                                                                 Disposed on:24/02/2015.

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM TUTICORIN.

Present: Thiru.M.Chinnapandi, B.A., B.L., President,

Thiru.Dr.S.Leonard Vasanth., M.A., LL.B., Ph.D., Member I.

Tmt.K.Rosy Anne Florence, M.A., M.Phil, B.Ed., Member II,

(Tuesday the 24^th day of February 2015)

CONSUMER COMPLAINT.NO:50/2014.

 

G.Vivekananthan,

S/o.Gurusamy,

Door No.106J/35, Millerpuram,

Thoothukudi,

Thoothukudi District                                                                      ...Complainant.

 

                               ..vs..

 

J.B.M. Dakshin Construction Company,

59, GST Road,

Pallavaram,

Chennai 600 043.

through its Managing Director.                                                  … Opposite party.

 

 

                   This complaint came before us for final hearing on 17-2-2015 in the presence of Tmt. V.Neelaveni, Advocate for the complainant and the opposite party called absent and set exparte and having stood over till this day for consideration this Forum made the following:

ORDER

Thiru.M.Chinnapandi, President.

          1) The points for consideration are:-

1. Whether the cancellation of allotment is legal?

2. Whether the complainant is entitled to sale deed in his favour?

 

          2) Points No.1 to 3: The complainant has filed a complaint directing the opposite party to execute sale deed in respect of Flat No.B8J in Block –B, Plot No.3, VIII^th Floor measuring 1171 Sq. Feet at GST on GST Road, Kilambakkam Village, Vandaloor, Urappakkam and to deliver possession of the flat to the complainant and to pay compensation of Rs.5,00,000/- for loss sustained by him and Rs.3,00,000/- for mental agony pain and sufferings suffered by the complainant and to pay interest on the above said amount at the rate of 18% p.a. from the date of complaint till execution of the sale deed.

          3) The opposite party is the flat promoter construct flat in the name of JBM Dakshin Construction Company.   The complainant on seeing the advertisement in the newspaper contacted the opposite party expressing his desire to purchase a flat and after deliberation he took a flat at the cost of Rs.41,81,753/- including the car parking area and the registration fee.  The complainant was issued flat allotment form which stipulate the payment at the relevant time but by mutual agreement between the parties it was agreed to pay Rs.2,00,000/- p.m. and in that way the complainant has paid Rs.36,93,424/- for flat cost.  As per the terms of agreement the flat shall be constructed on or before July 2012.  But in the complaint it is averred that the flat construction was completed December 2013 and before the completion of the entire flat construction the complainant has paid the registration fee and car parking charges.    Ex.A17 is the letter of the opposite party which confirms the entire payment for flat costs, though there is delay in final settlement of the amount.  Now the opposite party claims Rs.3,00,000/- and add towards interest for delay payment.  By reading Ex.A17 it is very clear that the complainant has paid entire flat cost before the completion of the construction.  The registration charge and car parking charge were paid with late due to which and for other reasons the flat promoter opposite party cancelled the allotment which is illegal. The opposite party cannot cancel the allotment after receiving the entire payment though some payment towards car parking and registration was late.  Though the complainant has filed number of documents to show the payment, the opposite party in Ex.A17 letter admitted the receipt of entire flat cost therefore the discussion in respect of other receipts has not been made.  Ex.A17 letter supports the case of the complainant as it acknowledges the receipt of the entire flat costs.  The opposite party cannot claim any interest even if there is some delay in payment of car parking charge and registration fee as he completed construction in December 2013 instead of July 2012.  Therefore opposite party cannot claim any interest citing delay in final settlement.  The payment of 2,00,000/- per month has been made with the consent of the opposite party though the flat booking form stipulate payment of larger amount i.e. 40% of the flat cost within 30 days of the booking.  The act of the opposite party necessarily causes disturbances to the complainant mentally and physically and the opposite party has to pay compensation of Rs.50,000/- for causing disturbance by cancelling the flat allotment and for compensation of Rs.4,00,000/- for loss sustained by the complainant.  The amount of compensation determined by this Forum is reasonable and would meet the ends of justice. 

          4) In view of the above discussions it is decided that cancellation of flat of allotment is illegal and the complainant is entitled to sale deed in his favour and it is directed to execute the sale deed in favour of the complainant in respect of the flat mentioned in the complaint within a month and to deliver the possession of the same and to pay compensation as stated above and the points are answered accordingly. 

          5) In the result the complaint is allowed directing the opposite party to execute the sale deed in favour of the complainant  in respect of the complaint mentioned flat and to deliver possession of the same within a month and to pay compensation of Rs.4,50,000/- with interest from this date till realization.  The opposite party is directed to pay cost of Rs.20,000/-.  The complainant is at liberty to take recourse to section 25 and 27 of the Consumer Protection Act 1986.

          Dictated to the Assistant taken and typed by him and corrected by me and pronounced by us in the Open Forum on this the 24^th day of February 2015.

 

Member II.                                   Member I.                                    President.

Annexure

I) List of documents marked for the complainant:

1. Ex.A1/6-3-10   : Copy of the application & allotment form

2. Ex.A2/6-3-10   : Copy of letter sent by the opposite party to the complainant

3. Ex.A3/16-3-10 : Copy of the receipt sent by the opposite party

4. Ex.A4/3-6-10   : Copy of letter sent by the opposite party to the complainant

5. Ex.A5/2-9-10   : Copy of letter sent by the opposite party to the complainant

6. Ex.A6/17-11-10         : Copy of letter sent by the opposite party to the complainant

7. Ex.A7/              : Copy of the running bill issued by the opposite party

8. Ex.A8/1-2-11   : Copy of letter sent by the opposite party to the complainant

9. Ex.A9/4-8-11   : Copy of letter sent by the opposite party to the complainant

10. Ex.A10/6-12-11       : Copy of letter sent by the opposite party to the

                                            complainant

11. Ex.A11/6-2-12         : Copy of letter sent by the opposite party to the complainant

12. Ex.A12/28-12-12     : Copy of letter sent by the opposite party to the

                                            complainant

13. Ex.A13/18-6-13       : Copy of cancellation of flat letter sent by the opposite

                                            party to the complainant.

14. Ex.A14/                             : Copy of mail letter to the opposite party

15. Ex.A15/23-7-13       : Copy of letter to the opposite party

16. Ex.A16/17-7-13       : Copy of mail letter sent by the opposite party

17. Ex.A17/29-7-13       : Copy of letter sent by the opposite party to the

                                            complainant

18. Ex.A18/13-10-12     : Copy of letter sent by the opposite party to the

                                            complainant

II) List of documents marked for the opposite party: Nil.

 

                        Member II.                                   Member I.                                    President.

 

05/3/15