BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri K.V.H.Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Friday the 22^nd day of June, 2007

C.C. No.49/2007

Jakka Nagaraju, S/o Late J. Subbarayudu,

Business, R/o H.No. 47/16, Byrmal Street, Nandyal, Kurnool District.                                                                        ... COMPLAINANT

Verses

1)       The Muncipal Commissioner,

          Nandyal Municipality, Nandyal.

2)       Regional Deputy Director of Town Palining,

          Opp. Ganga Gowri Theater, Anantapur.

3)       Director of Town and Country Paling,

          A.C. Gaurds, D.No. 640, Opp. Mahavir Hospital, Govt. of A.P., Hyderabad.

4)       Commissioner and Director of           Municipal Administration,

          A.C. Gaurds, D.No. 640, Nodal Officer for IDSMT Opp. Mahavir Hospital,

Hyderabad.                                                                    ... OPPOSITE PARTIES

          This complaint coming on this day for hearing in the presence of               Sri.A.Jagadeesh Kumar, Advocate, Kurnool for Complainant and the Opposite Parties No. 1 to 4 called absent and set exparty upon the perusing the material papers on record, the Forum made the following:

O R D E R

(As per Smt. C. Preethi,  Member)

1. This Consumer Case of the Complainant is filed under section 12 of Consumer Protection Act, 1986 seeking a direction on the Opposite Party to refund the deposit amount of Rs. 10,000/- with interest, Rs. 50,000/- as compensation for deficiency of service.
2. The gist of the complaint of the Complainant is that he deposited              Rs. 10,000/- with Opposite Party as initial deposit for allocating shop to tenants in NTR Municipal Shopping Complex and the Complainant was allotted shop No.6 and on request of one handicapped person the Complainant dropped from entering into contract with Opposite Party No.1 and the handicapped person was allotted shop No.6.  The initial deposit of Rs. 10,000/- has to be returned by Opposite Party No.1 to the Complainant, but in spite of several requests and issuing legal notice also the Opposite Party No.1 did not return the said deposit.  Therefore, the Complainant resorted to the Forum for redressal.
3. In support of his case the Complainant relied on the following documents viz; (1) Challan No. 5624 dated 21-02-2004 for Rs. 10, 000/- (2) Notice dated            25-06-2004 of Opposite Party No1 to the Complainant (3) Office copy of legal notice dated 06-09-2006 issued by Complainant’s counsel to Opposite Party No.1 along with postal receipt and acknowledgment (4) Reply of Opposite Party No.1’s counsel date 25-09-2006 and (5) Letter dated 26-07-2005 of Complainant to Opposite Party No.1, besides to the sworn affidavit of the Complainant in reiteration of his complaint avernments and the above documents are marked as Ex.A1 to Ex.A5 for its appreciation in this case. 
4. In pursuance to the notice of this Forum as to this case of the Complainant, the Opposite Parties remained exparte through out the case proceedings.
5. Hence, the point for consideration is to what reliefs the Complainant is entitled alleging deficiency of service on part of Opposite Parties? :
6. It is the case of the Complainant that he deposited an initial amount of          Rs. 10,000/- with Opposite Party No.1 for allotting shop in NTR Municipal Shopping Complex vide Ex.A1.  The Ex.A1 is the challan No. 5624 dated                 21-02-2004 as to the payment of initial deposit amount of Rs. 10,000/- by Complainant to Opposite Party No.1 for allotting shop No.6 and the said payment is admitted by Opposite Party No.1 in their reply dated 25-09-2006.  The Ex.A2 is the notice dated 25-06-2004 issued by Opposite Party No.1 to the Complainant as to allotment of shop No.6 to the Complainant with monthly rent of Rs. 2,300/-.
7. After allotment of shop No.6 to the Complainant, a physically challenged person approached the Complainant to withdraw his proposal and the Complainant withdrew his proposal and Opposite Party No.1 reallotted the shop No.6 to the physically challenged person.  There after, the Complainant approached Opposite Party No.1 for return of initial deposit amount of                Rs. 10,000/- and inspite of several requests the Opposite Party No.1 did not refund the said amount.  Being vexed the Complainant caused legal notice vide Ex.A3.  The Ex.A3 is the legal notice dated 06-09-2006 along with postal receipt and acknowledgment issued by Complainant’s counsel to Opposite Party No.1, same grievances such as non refund of initial deposit of Rs. 10,000/-, if Opposite Party No.1 fails to pay, the Complainant will be constrained to take legal action in proper court of law.
8. The Ex.A4 is the reply notice of Opposite Party No.1 dated 25-09-2006, it admits the initial deposit of Rs. 10,000/- made by Complainant with Opposite Party No.1 and further submits that for refund of said amount it is not in his hands and the decision has to be taken by higher authorities.  The Ex.A5 is the letter dated 26-07-2005 of Complainant addressed to Opposite Party No.1 and copy marked to Opposite Party No.2, it request the Opposite Party No.1 to refund the initial deposit amount of Rs. 10.,000/-.
9. All the above material filed by the Complainant in uni-tone says that the Complainant is entitle for refund of Rs. 10,000/- from Opposite Party No.1 and there arises deficiency of service on part of Opposite Party No.1 in evading the payment of said amount to the Complainant.  Hence, the Complainant is perfectly remaining entitled for refund of Rs. 10,000/- from the Opposite Parties.  As the Opposite Parties driven the Complainant to Forum, the Complainant is also entitled to costs of Rs. 1,000/- and the Opposite Parties by their lethargic conduct did not refund the initial deposit to the Complainant inspite of letter addressed by the Complainant and causing legal notice which is sufficient for the Complainant to suffer immense mental agony.  Hence, the Complainant is also entitled to compensation of Rs. 5,000/-.
10. In the result, the complaint is allowed directing the Opposite Parties jointly and severally to refund to the Complainant the initial deposit amount of               Rs. 10,000/- along with costs of Rs. 1,000/- and compensation of Rs. 5,000/- within a month of receipt of this order.  In default the Opposite Parties are jointly and severally liable to pay to the Complainant the above awarded amount with 9% interest from the date of default till realisation.

Dictated to the Computer Operator transcribed by him, corrected and pronounced in the Open bench on this the 22^nd day of June, 2007.

          MEMBER                                                                       PRESIDENT         

APPENDIX OF EVIDENCE

Witnesses Examined

For the Complainant: Nil                                               For the Opposite Party: Nil

List of Exhibits marked for the complainant:-

Ex.A1 Challan No. 5624 dated 21-02-2004 for Rs. 10, 000/-

Ex.A2 Notice dated 25-06-2004 of Opposite Party No1 to the Complainant

Ex.A3 Office copy of legal notice dated 06-09-2006 issued by Complainant’s counsel to Opposite Party No.1 along with postal receipt and acknowledgment

Ex.A4 Reply of Opposite Party No.1’s counsel date 25-09-2006

Ex.A5 Letter dated 26-07-2005 of Complainant to Opposite Party No.1,

List of Exhibits marked for the opposite parties:-  Nil

          MEMBER                                                                       PRESIDENT

Copy to:

1.Sri. A. Jagadeesh Kumar, Advocate, Kurnool.

2.  Opposite Parties No. 1 to 4.         

Copy was made ready on:

Copy was dispatched on:

Copy was delivered to parties: