CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
CC No.56/11
Thursday the 20th day of October, 2011
Petitioner : Joseph Chacko
F4-129/GHAS
Amalagiri PO,
Kottayam.
(Adv. Kuruvilla Thomas)
Vs.
Opposite party : Kerala State Housing Board
Rep.by Executive Engineer,
Kottayam Division,
Kanjikuzhy, Kottayam.
(Adv. K.R.Muraleedharan)
ORDER
Sri. K.N. Radhakrishnan, Member
The case of the complainant presented on 28-2-11, is as follows.
He is the allottee of a housing plot developed by the opposite party vide plot No.F4-129 having extent of 317.10sq.m with building therein for an agreed price of Rs.2,32,703/-. The sale agreement was executed between the complainant and opposite party on 23-12-1991. In the agreement it is stated that the purchase price fixed for the property and the building is tentative and provisional for the reason that as the prior owner of the land had preferred land acquisition reference for increased compensation and the same is pending before the court for final judgment. The opposite party has not given any amenity to the complainant after the allotment and also no development work was carried on in the plot. As per the agreement between the complainant and the opposite party the complainant had paid 1st installment in advance and balance price was agreed to be paid in 36 monthly installments at the rate of Rs.3016/- with 15% interest. Beyond the initial deposit of Rs.50,000/-the complainant remitted the entire installments in time. On the 1st week of November 2008, the opposite party again intimated the complainant to pay rs.2,51,856/- further being the cost bear by the opposite party to settle the LAR cases as per letter dtd 4-11-2008. The opposite party also intimated that the title deed shall be executed in favour of the complainant soon after the payment is made. Thereafter the complainant made several enquiries with regard to LAR cases mentioned and found that the judgments in all the above cases were pronounced in 1991 itself and the prior owners of the land has not sought any appeal against the same. Contrary statements shown in the above letter is false and is not justifiable. The consideration of the property was fixed by the opposite party after including the decree amount in all the LAR cases. The said amount was paid by the complainant prior to the notice dtd 4/11/08. It is the liability of the opposite party to pay the amounts awarded in the LAR cases filed by the prior owners of the property. The above act amounts to dereliction of duty on the part of the opposite party. The opposite party has caused delay of more than 14 years to make the payment in LAR cases. The opposite party has no right to charge the complainant for the interest accrued in the award amount in LAR cases for the delayed period. Hence the additional amount of Rs.2,51,856/- received from the complainant by the opposite party on 28-11-2008 is unjustifiable and has to be reimbursed from the opposite party. Hence this complaint.
The notices were served with the opposite party. They appeared and pray for filing version. But several times were given they did not filed any version. Hence the opposite party set expartee.
The complainant filed proof affidavit and documents which were marked as Exts.A1 to A10.
Heard complainant. We have gone through complaint, documents and evidence. The case of the complainant stands unchallenged by the opposite party. So we have no reasons to dis-believe the sworn proof affidavit of the complainant. Hence we are of the opinion that case of the complainant is to be allowed.
In the result the complaint is allowed as follows: We direct the opposite party to return Rs.2,51,856/- to the complainant, being the interest accrued to the award amount in LAR cases received by the opposite party on 28-11-2008 and pay Rs.2000/- as costs of these proceedings.
The order shall be complied with within a period of one month from the date of receipt of a copy of this order. The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.
Sri. K.N. Radhakrishnan, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Appendix
Documents of the petitioner
Ext.A1-is the agreement for sale of property and building dtd 23-12-1991.
Extt.A2-Receipt dtd 20/12/91
Ext.A3-Receipt dtd 20/12/91
Ext.A4-is the demand notice dtd 4-11-08
Ext.A5-Receipt dtd 28-11-08
Ext.A6-copy of the sale deed dt 18/3/09
Ext.A7-copy of the sale deed dtd 30/8/2010
Ext.A8-copy of the sale deed 12/11/08
Ext.A9-copy of order dtd 9/2/07
Ext.A10-copy of the judgment dt 18/2/10
By Order,
Senior Superintendent.
