Andhra Pradesh

Chittoor-II at triputi

CC/44/2015

T.Rohini Kumar, S/o. T.Thulasi Muniramaiah - Complainant(s)

Versus

The Managing Director, Agrigold Farm Estates India Pvt., Ltd., - Opp.Party(s)

T.T.M. Ramaiah

18 Aug 2016

ORDER

Filing Date: 07.09.2015

Order Date:18.08.2016

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

THURSDAY THE EIGHTEENTH DAY OF AUGUST, TWO THOUSAND AND SIXTEEN

 

 

 

C.C.No.44/2015

 

 

Between

 

1.         T.Rohini Kumar,

            S/o. T.Thulasi Muniramaiah,

            Hindu, aged about 42 years,

            Software Executive,

            Died and rep. by his L.Rs.

 

2.         T.Bhargavi,

            W/o. T.Rohini Kumar,

            Hindu, aged about 40 years, House Wife

 

3.         Tirukalva Hemachand Sai,

            S/o. late. T.Rohini Kumar,

            Hindu, aged about 13 years,

Minor rep. by his mother guardian

 

4.         Tirukalva Dhiraj Sai,

S/o. late. T.Rohini Kumar,

Hindu, aged about 10 years,

Minor rep. by his mother guardian

 

5.         Tirukalva Thulasi Muniraiamaih,

            S/o. late. T.Guravaiah,

            Hindu, aged about 73 years

 

6.         Tirukalva Guravamma,

            W/o. T.Thulasi Muniramaiah,

            Hindu, aged about 69 years

 

All are now residing at Kandadu village & post,

Yerpedu Mandal, Chittoor District., A.P.                                                 … Complainants

 

 

 

And

 

 

1.         The Managing Director,

            Agrigold Farm Estates India (P) Ltd.,

            Admn. Office, “Agri Gold House”

            Plot No.6, D.No.40-6-3, Old Revenue Colony,

            Nimmagadda Somasankar Rao Street,

            Labbipet,

            Vijayawada – 520 010 (A.P.)

 

2.         The Branch Manager,

            Agrigold Business Center,

            (Branch Of Agrigold Farm Estates India (P) Ltd.,

            D.No.8-65/1, TUDA Plots, R.C.Road,

            Tirupati – 517 501.                                                              …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 21.07.16 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.T.T.M.Ramaiah, counsel for complainants, and opposite parties remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERYED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section - 12 of C.P.Act 1986, by the complainants against the opposite parties 1 and 2 for the following reliefs 1) to direct the opposite parties 1 and 2 to pay Rs.25,000/-being refundable amount to the complainants along with interest at 24% p.a. from 29.04.2013 till realization, 2) to pay Rs.20,000/- towards compensation for loss, damage and mental agony, 3) to pay costs of the litigation.

            2.  The brief averments of the complaint are:-  that the 1^st complainant T.Rohini Kumar (died on 20.12.2015 due to ill-health) agreed to purchase a house plot in “Fortune Chandravalli Farm plots” promoted by the respondents through the housing scheme on installments. The cost of each plot is Rs.1,02,500/-, but it was offered by opposite parties for Rs.90,000/- to be paid in 36 monthly equal installments @ Rs.2500/-. The 1^st complainant was allotted ID.No.1015889496 of the project code FC36 as a customer of opposite parties. The 1^st complainant paid Rs.25,000/- towards part of the agreed amount and opposite party No.2 issued cash receipts to that effect.

            3.  The 2^nd complainant came to know that opposite party No.1 Company, fell into dispute and failed to allot plots or refund the amounts to the customers. Therefore, 2^nd complainant got issued notice on 10.08.2015 calling upon opposite parties 1 and 2 for refund of the amount paid (Rs.25,000/-). Opposite party No.1 refused the said notice. Notice sent to opposite party No.2, was returned un-served with endorsement “that there is no such office at Tirupati” since opposite party No.2 closed his office and left away. The date of booking started on 04.08.2012 and the date of last payment will be 04.08.2015, registered sale deed will be executed by opposite parties on 04.09.2015 as per terms and conditions incorporated in the receipt No.7216416 dt:10.08.2012 issued by opposite party No.2.

            4.  That the deceased 1^st complainant paid installments from 04.08.2012 to 29.04.2013 @ Rs.2500/- p.m., as he was a software engineer in IBM India Pvt. Ltd., Bangalore, working as SAP Consultant, Executive of the Company, obtained receipts from opposite party No.2, for a total sum of Rs.25,000/-. He was underwent brain surgery first time on 26.11.2011 and recently on 03.03.2015 in Manipal Hospital, Bangalore, as such he was unable to represent the case, but 2^nd complainant being his wife representing the case. During the pendency of the case, 1^st complainant died on 20.12.2015. After the death of 1^st complainant, complainants 3 to 6 were brought on record as his L.Rs, as per orders in I.A.No.12/2016 dt:17.03.2016. While the 1^st complainant alive, as he came to know that opposite party No.1 fell in dispute, he stopped payment of installments from May 2015. Hence the complaint for a claim of Rs.58,533/- altogether.

            5.  Opposite parties 1 and 2 remained exparte.

            6.  Complainant No.2 filed her evidence affidavit and got marked Exs.A1 to A5. Heard the counsel for complainant.

            7.  Now the points for consideration are:-

            (i).  Whether the complainant is entitled for the relief sought for?

            (ii).  To what relief?

            8.  Point No.(i):-  to answer this point, complainant No.2 discharged her burden by filing her affidavit as P.W.1, since the 1^st complainant, who was the husband of the 2^nd complainant died during the pendancy of the case on 20.12.2015. In the affidavit P.W.1 reiterated the complaint averments and in support of her case she relied on Exs.A1 to A5. Ex.A1 is receipts consisting 10 in number, in proof of payment of 10 installments, totaling a sum of Rs.25,000/-. Ex.A2 is the statement of account. Exs.A1 and A2 clearly establishes that the deceased 1^st complainant Rohini Kumar, paid Rs.25,000/- under Ex.A1, which consists of 10 receipts, which are not in dispute. All the 10 receipts were issued by authorized signatory of AgriGold Farm Estates India Private Limited. Ex.A2 is the statement of account duly attested by the advocate for complainant, which discloses the receipt numbers from 1 to 10 and the amounts paid there-under. Ex.A3 is the notice got issued by the counsel for complainant to opposite parties 1 and 2 dt:10.08.2015, in which it was specifically mentioned that the deceased 1^st complainant was allotted ID No.1015889496 for the project FC36, for purchase of house plot in Fortune Chandravalli Farm Plots promoted by opposite parties, as per cash receipt No.7216416 dt:10.08.2012 issued by branch office opposite party No.2. Basing on these receipts, it was established that the complainants had paid Rs.25,000/-. The 2^nd complainant issued legal notice calling upon the opposite parties to refund the amount paid, but it was alleged that opposite parties did not respond to the notice and they remained exparte. As such it can be fairly stated that the opposite parties intentionally avoiding to either register the plot in the name of the complainant or to refund the amounts paid by the deceased                      1^st complainant. Complainants 2 to 6 are entitled to the amount paid by                       1^st complainant, as they being the legal representatives of deceased 1^st complainant. 

            9.  Under Exs.A1 and A2, it was established by the complainants that the deceased 1^st complainant has paid a total sum of Rs.25,000/- towards part of sale consideration of the plot in Fortune Chandravalli Farm Plots promoted by opposite parties. That the pleadings, evidence affidavit including documentary evidence remained unchallenged. That apart Exs.A4 and A5 shows that 1^st opposite party has refused the notice and 2^nd opposite party returned the notice with endorsement that no such office is there in the given address. The attitude of opposite parties appears to be luring the public, collecting money from the public under the guise of allotment of plots in real-estate business, and later they were simply closing the offices and leaving the places in which ventures were proposed and causing much loss and mental agony to its customers. Therefore, the opposite parties are maintaining disparate methods and deceiving the public under the guise of real-estate business. Under the above circumstances, we are of the opinion that there is deficiency in service on the part of the opposite parties and the complainants are therefore entitled to the relief sought for.  Accordingly this point is answered.

            10.  Point No.(ii):-  in view of our discussion on point No.1, we are of the opinion that the complainants are entitled to the relief of refund of Rs.25,000/-, which was paid to opposite parties under Ex.A1, consisting of 10 receipts, passed on by opposite parties. The complainants are entitled to the compensation and litigation expenses, and complaint is to be allowed in part.

            In the result, complaint is partly allowed directing the opposite parties 1 and 2 to refund the amount of Rs.25,000/- (Rupees twenty five thousand only) paid by the deceased 1^st complainant, to complainants 2 to 6, who are the legal representatives of the deceased 1^st complainant, along with interest at 9% p.a. from the date of booking the plot i.e. 04.08.2012, till realization. The opposite parties 1 and 2 also further directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony to the complainants, and the opposite parties also directed to pay Rs.2,000/- (Rupees two thousand only) towards litigation expenses. The opposite parties further directed to comply with the orders within six (6) weeks from the date of receipt of copy of this order, failing which the compensation amount of Rs.10,000/- shall also carry interest at 9%. P.a. from the date of order, till realization. 

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 18^th day of August, 2016.

 

       Sd/-                                                                                                                      Sd/-             

Lady Member                                                                                                      President

 

APPENDIX OF EVIDENCE

 

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: T. Bhargavi (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite Party/s.

 

                                                   -NIL-

 

                   EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Cash receipts for a sum of Rs.1,02,500/- 10 Numbers (Original).
	Statement of account showing date wise payments as per the cash receipts.
	Office Legal Notice Dt.10.08.2015 issued to R1 & R2 (Office Copy).
	Returned cover from R1 (Original). Dt: 12.08.2015.
	Returned cover from R2 (Original). Dt:11.08.2015.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

                                                                                      -NIL-

                                                                                                                                    Sd/-

                                                                                                                                President

          

              // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

           Dist. Consumer Forum-II, Tirupati.

  

 

Copies to:-     1.  The complainants.

                        2.  The opposite parties.