Tamil Nadu

North Chennai

CC/104/2021

S.Vinuraj, - Complainant(s)

Versus

The Managing Director,Colorhomes Pvt.Ltd - Opp.Party(s)

K.Selvaganapathy

17 Aug 2022

ORDER

Complaint presented on  :06.09.2021    Date of disposal            :17.08.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                             : PRESIDENT

                    TMT. KAVITHA KANNAN,M.E.,                            : MEMBER-1

                                THIRU V. RAMAMURTHY, B.A.B.L., PGDLA     : MEMBER II

 

C.C. No.104/2021

 

DATED THIS WEDNESDAY THE 17th  DAY OF AUGUST 2022

 

S.Vinuraj,

S/o.Sathyanandham,

Block B-15,  Door No.110,

SSM Nagar, New Perungalathur,

Chennai-600063

                                                                                      .. Complainant.              

..Vs..

The Managing Director,

Colorhomes Pvt. Ltd.,

No.37, A Block, 6^th Street,

Anna Nagar East,

Chennai-600 102.                                                              ..  Opposite party

 

Counsel for the complainant                      : M/s. K. Selvaganapathy,

Counsel for   opposite party                     : Ex-parte.

 

 

ORDER

TMT. KAVITHA KANNAN,M.E.,       : MEMBER-1

 

          This complaint has been filed by the complainant against the opposite party under section 35 of the Consumer Protection Act, 2019 prays to directing the Opposite party to refund the plot booked amount of Rs.5,50,000/- along with 11% interest from 28.12.2020 to filing date of this complaint and to pay a sum of Rs.5,00,000/- towards the compensation for mental agony stress, strain and suffering to the complainant and to pay a sum of Rs.25,00,000/- towards deficiency in service and to pay a sum of Rs.9,50,000/- towards unfair trade practice and to pay a sum of Rs.25,000/- towards the periodic phone calls and sending email cost and to pay a sum of Rs.1,00,000/- cost of proceeding.

1.THE COMPLAINT IN BRIEF:

The complainant stated that he is working as a Vice President in a Royal Bank of Scotland at Ambattur.  The opposite party called the complainant through phone calls in Aug 2020 and said introducing new project named as Minitown Promoters; the plots were available with affordable price at Mannivakkam Chengalpattu District. The complainant stated that he visited the site plots on 03.08.2020, the complainant purchased a plot no.L3, to an extent 900 Sp., for the consideration of Rs.27,00,000/- in the name of her sister.  The complainant has given a sum of Rs.1,00,000/-  in favour of opposite party on 04.08.2020. The said amount was credited to opposite party’s bank account on 05.08.2020.  On next few days the opposite party’s Manager Mr.SenthilVelan made phone calls for more sum of money, the complainant has given for a sum of Rs.5,00,000/- on 17.10.2020.  The amount was credited to the opposite party’s bank account on 20.10.2020. The complainant further submitted that due to pandemic, he was unable to arrange the balance payment the balance amount for the purchase of property.  Following which the complainant Emailed on 28.12.2020 to the opposite party regarding inability to make payment, the complainant requested to cancel the booked plot and refund the advance amount. The opposite party replied after 15 days accepted cancel the plot, besides requested to collect the refund amount of Rs.5,50,000/- after 120 days from the cancellation on 27.02.2021.  The complainant stated that he contacted the General Manager after 120 days for the refund, he neglected to answer the phone calls,  the complainant has rushed to the opposite party office which was shifter and vacated to new place. The complainant further stated that from 23.04.2021 to 03.07.2021 he sent various Emails to the opposite party regarding the refund, moreover the opposite party sold out the L3 plot to another purchaser, but neglected to refund the money thereof. On 10.07.2021 the complainant lodged the Police complaint to K4 Anna Nagar Police Station. It shows that the delay and deficiency in service in refunding the amount and unfair trade practice of the opposite party. The opposite party is liable to pay the compensation of Rs.46,66,769/- for deficiency in service and negligence.

3. POINTS FOR CONSIDERATION:

1. Whether there is any negligence and deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint. If, so to what extent?

The complainant had filed proof affidavit, written arguments and documents Ex.A1 to Ex.A12 were marked on his side.The opposite party were set Ex-parte.

4. Point No.1:-

         The complainant has filed written argument and heard the complainant’s counsel argument. Perused the records namely the complainant’s Proof affidavit, written argument and documents.  The complainant and his sister one Parimala being influenced by the opposite party’s advertise and phone calls and decided to purchased one plot jointly and paid a sum of Rs.1,00,000/- as advance booking payment marked as Ex.A2, thereby submitted the booking form Ex.A1 for a plot No.L3 to an extent of 900 Sq., ft. for a consideration of Rs.28,25,900/- promoted and sold by ColorhomesPvt. Ltd., named as Minitown Promoters in Mannivakkam, Chengalpattu.  The complainant paid a sum of Rs.5,00,000/- on 17.10.2020 which is marked as Ex.A3. It is found from Ex.A4 the above said amount by way of two cheques by the complainant herein.

          5. Due to unforeseen expenditure and financial crisis due to Covid Pandemic, the complainant fails to pay the  balance amount and thereby sent email on 28.12.2020 stating that his constraints and requests the opposite party to refund the advance amount. The Email requesting the cancellation and refund of aforesaid booking is marked as Ex.A5 and refund a sum of Rs.5,50,000/- deducting of Rs.50,000/- as mentioned in the Terms and Conditions after 120 days of this request the said reply is marked as Ex.A7.  The complainant sent Email on 23.04.2021 to the opposite party Promoters for early credit of refund which is marked as Ex.A8. Various Emails sent by the complainant to opposite party which is marked as Ex.A9 and A10. The complainant also filed a police complaint before K4 Anna Nagar Police Station which is marked as E.A12.  Inspite of repeated and requested by Email and phone calls the opposite party fails to refund the amount of Rs.5,50,000/-. It is for the complaint to prove that he is a consumer and  that there exists unfair trade practice on the part of opposite party.  In this complaint, it is evident the complainant relates to purchase of immovable property as per Sec 2(37)(a)of Consumer Protection Act 2019 “Definition Product seller does not include a seller of immovable property unless such person is engaged in the sale of constructed house or in the construction of Homes or Flat”.  Hence as per the above said definition, the complainant does not come under  word of Consumer and the complaint cannot be treated as Consumer complaint. The complainant  canseek their remedy  for refund of money  based on contractual obligation before appropriate forum by enforcing the sale agreement.  Hence the complaint is not maintainable before this commission and consequently the opposite party cannot be attributed with either deficiency in service or unfair trade practice.  Point No.1 is answered accordingly.

6. Point No.2.

            Based on findings given to the Point.No.1 since the complainant is not entitled for any of the reliefs claimed in the complaint.  Point no.2 answered accordingly.

          In the result, the complaint is dismissed. No costs.     

Dictated  by Member I to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 17^th day of August 2022.

 

MEMBER I                                  MEMBER – II                           PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	03.08.2020	Copy of the booking form of L3 plot at Mannivakkam.
Ex.A2	03.08.2020	Copy of the Tax invoice receipt issued by the opposite party for receiving Rs.1,00,000/-
Ex.A3	17.10.2020	Copy of the Tax invoice receipt issued by the opposite party for receiving Rs.5,00,000/-
Ex.A4		Copy of the complainant’s bank account statement from 04.08.2020 to 25.10.2020.
Ex.A5	28.12.2020	Copy of the complainant’s email requesting to the opposite party to cancel the booking and to refund the booking amount.
Ex.A6	13.01.2021	Copy of the Email, the opposite party acknowledged to the complainant’s Email and forwarded for the same to the refund team.
Ex.A7	27.02.2021	Copy of the Email, the opposite party accepted the request for cancellation and also requested to collect the refund amount after the completion of 120 days.
Ex.A8	23.04.2021	Copy of the complainant’s 2 emails to the opposite party to know the status of the refund after the expiry of 120 days.
Ex.A9	19.05.2021	Copy of another 2 Emails, the complainant emailed to the opposite party to know the status of the refund.
Ex.A10	25.06.2021	Copy of another 2 emails to the opposite party to know the status of the refund.
Ex.A11	03.07.2021	Copy of the complainant’s another 2 emails to the opposite party.
Ex.A12	10.07.2021	Copy of the CSR (CSR No.404/2021)

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY:

                                      -NIL-

 

 

MEMER – I                           MEMBER – II                       PRESIDENT