Date of filing:26.2.2014
Date of Disposal:30.5.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
FRIDAY, THE 30th DAY OF MAY, 2014.
C.C.No.58 OF 2014.
Between :
Yadala Jayasri, W/o Srinivasa Rao, Hindu, 38 years, House-wife and Properties, R/o Surayapalem, Gollapudi Post, Vijayawada Rural Mandal, Krishna District.
….. Complainant.
And
1. The Bank of India Rep., by its Branch Manager, Cherukupalli, Branch, Guntur District.
2. The Authorized Officer, Bank of India, Kothapet, Guntur.
…..Opposite Parties.
This complaint is coming before us for final hearing on 15.5.2014 in the presence of Sri B.Subba Rao, Counsel for complainant and Sri D.Uma Maheswara Rao, Counsel for opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant has participated in the E-auction conducted by the 2nd opposite party on behalf of the 1st opposite party on 16.9.2013 in respect of the property located in Survey No.195/22 and 23 Door No.1-48 and 49 with an extent of 750.20 sq.yards and also another extent of 91 sq.yards situated in the same survey and door numbers at Balusupalem Village of Cherukupalli Mandal Guntur District. As per terms and conditions of the auction the complainant deposited 10% reserve price of Rs.67,200/- as EMD to the 1st opposite party by way of transfer of funds from her S.B., Account lying with Union bank of India, Ibrahimpatnam. Later the complainant was declared as successful bidder for the bid amount of Rs.6,80,000/-. The complainant deposited the balance bid amount of Rs.6,12,800/-. After deducting the EMD amount of Rs.67,200/- by way of transfer from her S.B Account. In spite of receipt of entire bid amount in the month of September, 2013 itself the opposite parties failed to execute a registered sale deed and delivered the vacant possession of the said property to the complainant. The complainant and her husband approached the opposite parties several times and requested them to execute a registered sale deed. But the opposite parties postponing the same. Therefore the complainant got issued a legal notice demanding the opposite parties to execute registered sale deed in favour of the complainant. The opposite parties received the said notice and failed to fulfill the request of the complainant which amounts to deficiency in service. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties to execute a registered sale deed in respect of auctioned property in favour of the complainant and deliver the vacant possession of the same to the complainant, to pay compensation of Rs.1,00,000/- for deficiency in service and to pay costs.
2. Notices were served to opposite parties and vakalat was filed by their counsel and further the opposite parties did not contest the matter.
3. On behalf of the complainant she gave her affidavit and got marked Ex.A.1 to Ex.A.5.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of opposite party towards the complainant in not registering the e-auctioned property in favour of the complainant?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand the opposite party bank Cherukupalli Branch Guntur District gave an E-auction sale notice under Ex.A.1 dated 8.8.2013 and the E-auction was conducted by the 2nd opposite party on behalf of the 1st opposite party on 16.9.2013 in respect of the property located in survey No.195/22 & 23, Door No.1-48 and 49 to an extent of 750.20 sq. yards and also another extent of 91 sq.yards situated in the same S.Nos. and D.Nos. at Balusupalem Village of Cherukuaplli Mandalam, Guntur District. As per terms and conditions, the complainant deposited 10% reserve price of Rs.67,200/- as EMD on 14.9.2013 to the 1st opposite party by way of transfer of funds from her S.B. A/c Ex.A.2 Union Bank of India, Ibrahimpatnam. Later the complainant was declared as successful bidder for the bid amount of Rs.6,80,000/-,and she paid the balance amount of Rs.6,12,800/- through Ex.A.2 on 19.9.2013 and on 27.9.2013. Even though after receiving the entire bid amount, the opposite parties failed to execute a registered sale deed and deliver the possession of the said property to the complainant. On several requests of the complainant, the opposite parties are postponing to execute the sale deed. Therefore the complainant got issued a legal notice Ex.A.3 dated 21.1.2014 demanding the opposite parties to execute a registered sale deed in her favour. The opposite parties received the said notice under Ex.A.5 but failed to fulfill the request of the complainant. Even though the complainant filed this complaint against the opposite parties they did not turn up to the notices of this Forum. Hence we, the Forum concluded that even though the opposite parties received the bid amount in the month of September, 2013, they did not turn up to register the sale deed in favour of the complainant till now. It amounts clear deficiency in service and negligence on the part of opposite parties towards the complainant. The opposite parties are liable to fulfill their obligation by registering the plot in favour of the complainant and the complainant is entitled to get the registered sale deed from the opposite parties as she paid the bid amount.
POINT No.3:-
7. In the result, the complaint is allowed in part and the opposite parties are directed to execute the sale deed in favour of the complainant; to hand over the possession of the bid property to her; to pay compensation of Rs.10,000/- (Ten thousand rupees only) for delay of eight months and to play costs of Rs.2,000/- (Two thousand rupees only) to the complainant. Time for compliance one month. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 30th day of May, 2014.
PRESIDENT MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 Y.Jayasri None
Complainant
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 08.08.2013 Photocopy of E-auction sale notice under SARFAESI Act.
Ex.A.2 . . Bank Pass book.
Ex.A.3 21.01.2014 Office copy of legal notice.
Ex.A.4 21.01.2014 Postal receipt.
Ex.A.5 . . Postal acknowledgement.
For the opposite parties:-
Nil.
PRESIDENT
