Date of filing:10-01-2014
Date of Disposal: 24.09.2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: ANANTHAPURAMU
PRESENT:- Sri S.Niranjan Babu, B.A.,B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member
Wednesday, the 24th day of September, 2014
C.C.NO.68/2014
Between:
B.Nagamani D/o B.V.Narayana,
D.No.24/372, Gousalvara Street, Old Town,
Ananthapuramu. …. Complainant
Vs.
1. The Manager,
Akshaya Gold Farms and Villas India Limited,
P.K.R. Complex, H.No.14-127,
D.C.M.S. Road, Kamala Nagar,
Ananthapuramu.
2. The Managing Director,
Akshaya Gold Farms and Villas India Limited,
D.No.47-14-9/9, 3rd Floor, HDFC Bank Upstairs,
Potluri Mansion, Dwaraka Nagar, Main Road,
Vishakapatnam. …. Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri N.P.Sreenivasulu and K.Jagadeeswara Reddy, Advocates for the complainant and the opposite parties 1 & 2 called absent and set-exparte and after perusing the material papers on record and after hearing the argument of the complainant’s side, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC):- This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1& 2 claiming a sum of Rs.23,400/- towards value of the property, Rs.3,510/- towards interest @18% P.A. on Rs.23,400/- from 25.10.2012 to 01.09.2013, Rs.5000/- towards mental agony, Rs.5000/- towards deficiency of service and Rs.1000/- towards costs of the complaint.
2. The brief facts of the complaint are that: - The complainant is a permanent resident of Ananthapuramu Town. The 1st opposite party is the branch office at Ananthapuramu and the 2nd opposite party is its head office at Vishakapatnam and as per the scheme announced by the opposite parties the complainant paid a sum of Rs.60/- per day from 10.10.2011 to 09.10.2012 and the total sum paid is Rs.21,600/- . The scheme was that an area of 3240 square feet will be allotted to the complainant after completion of the payment. Accordingly after the completion of the payment the opposite parties 1 & 2 issued a certificate it was named as Own Your Land Scheme agreement bearing No.1773586 as per the agreement date of expiry is 24th October 2012. Subsequently the complainant approached the 1st opposite party and asked for the registration of the property value Rs.23,400/- for which the opposite parties accepted to pay the amount but the opposite parties never paid the amount to the complainant. Then the complaint got issued a legal notice on 28.05.2013 for payment of the amount. The opposite parties got managed the postal department and returned the covers. The opposite parties have failed to fulfil their part as per agreement which is nothing but deficiency of service and hence this complaint is filed by the complainant against the opposite parties claiming a sum of Rs.23,400/- towards the scheme amount mentioned in the agreement and interest @18% P.A., from the date of expiry of agreement.
3. The opposite parties remained exparte.
4. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite parties?
2. To what relief?
5. In order to prove the case of the complainant, the complainant has filed evidence on affidavit on his behalf and marked Ex.A1 to A3 documents.
6. POINT NO.1:-
7. POINT NO.2 – The counsel for the complainant submitted that the complainant is a permanent resident of Ananthapuramu Town and the 1st opposite party is the branch office of 2nd opposite party. The counsel for the complainant submitted that as per the scheme of the opposite parties the complainant joined as a member in the scheme and paid a sum of Rs.60/- per day starting from 10.10.2011 to 09.10.2012 and in total the complainant paid a sum of Rs.21,600/- to the 1st opposite party. As per the scheme the opposite parties have agreed as per their agreement bond bearing No.1773586 property measuring 3240 square feet worth of Rs.23,400/- will be registered in favour of the complainant for the value paid and the agreement period starts from 04.11.2011 and expires by 24.10.2012. The counsel for the complainant contended that as the date of expiry of the agreement is on 24.10.2012 the complainant approached the 1st opposite party and demanded for refund of the amount of Rs.23,400/- as the opposite parties did not register any land in favour of the complainant for which the opposite parties have accepted to pay the amount but the same was postponed on one pretext or the other. The counsel for the complainant contended that as the opposite parties did not fulfil their part as per the agreement, the complainant got issued a legal notice on 28.05.2013 for payment of the amount along with interest @18% P.A. The counsel for the complainant submitted that the opposite parties got managed the postal department and the said notices were returned. Further the counsel for the complainant contended that as the opposite parties have not discharged their liability and thereby caused deficiency of service to the complainant for which they are liable to pay compensation towards mental agony and deficiency of service.
8. After hearing the arguments of the complainant counsel and perusing the documents submitted by the complainant. Ex.A1 is the Own Your Land Scheme Agreement which is issued in favour of the complainant by the opposite parties and as per the agreement the total value of the property shown the company is Rs.23,400/- and allotted units is 3240 square feet. As per the scheme of agreement the 1st installment was paid on 10.10.2011 and ended 09.10.2012 and the agreement expires by 24.10.2012. This shows that the complainant is a member of the scheme as announced by the opposite parties. Ex.A2 is the legal notice issued by the complainant counsel which was returned unserved. In the above circumstances the document Ex.A1 clearly establishes that the opposite parties have promised to register the land measuring 3240 square feet for the amount paid by him. But the opposite parties have failed to register the said land and after the request by the complainant for refund of the amount paid by the complainant the opposite parties agreed to pay but as the agreement lapsed on 24.10.2012 the complainant has to suffer mentally for not registering the land in favour her. The opposite parties have clearly caused deficiency of service to the complainant by not registering the land in favour of the complainant as per agreement after receiving the consideration. Further the complainant approached the opposite parties for refund of the amount paid by her and the opposite parties promised to refund the same. Subsequently the said amount was not refunded and thereby have caused deficiency of service.
9. The opposite parties have failed to register the land as per agreement and inspite of the request to refund the amount paid by the complainant that was also not refunded which shows the negligent attitude of the opposite parties. Hence, we are of the view that the opposite parties have caused deficiency of service to the complainant and they are liable to refund the amount paid by the complainant along with interest from the date of last installment till the date of realization and also liable to pay for deficiency of service. However as interest has been awarded, no amount is awarded towards mental agony.
10. In the result, the complaint is partly allowed by directing the opposite parties 1 & 2 jointly and severally liable to pay a sum of Rs.23,400/- towards the amount paid by the complainant along with interest @18% P.A. from last date of installment i.e., 09.10.2012 till the date of realization. Further the opposite parties are also liable to pay a sum of Rs.5000/- towards deficiency of service and Rs.1000/- towards costs to the complainant within one month from the date of this order.
Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 24th day of September, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOSITE PARTIES
-NIL- -NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1. Attested copy of bond bearing No.1773586 issued by the opposite parties
in favour of the complainant.
Ex.A2. Office copy of the legal notice Dt.28.05.2013 got issued by the complainant to the
opposite parties 1 & 2.
Ex.A3 Unserved postal covers.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTIES
-NIL –
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
