Tamil Nadu

North Chennai

CC/57/2016

T.N.Jyothi Mani - Complainant(s)

Versus

Thiru Promoters - Opp.Party(s)

Party In Person

27 Jan 2017

ORDER

                                                            Complaint presented on:  10.03.2016

                                                                Order pronounced on:  27.01.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 27^th   DAY OF JANUARY 2017

 

C.C.NO.57/2016

 

 

 

T.N.Jyothi Mani,

49/1194, Jeevan Bima Nagar,

Anna Nagar West Extension,

Chennai – 600 101.

 

 

                                                                                      ..... Complainant

 

..Vs..

	Thiru Promoters, Rep. by its Managing Director, 358,K.H.Road (I floor), Ayanavaram, Chennai – 600 023.                                                                                                                                  ...                                                                                                                                         ……...Opposite Party

   Date of complaint                               06.05.2016

   Counsel for Complainant                   : Party in person

   Counsel for opposite party                    : Ex - parte

 

 

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Opposite Party has developed a layout for house sites in the name of THIRU SAI CITY in 59, Meliri Village, Arakonnam Taluk and Vellore District. The Complainant was taken by the Opposite Party for inspection of the layout on 20.12.2014. After satisfaction of the site, the Complainant paid an initial amount of Rs.10,000/- towards the booking for 3 plots numbers 41 & 42 measuring each 600 sq.ft and another plot No.88 measuring 1200 sq ft. at the rate of Rs.150/- per sq ft. inclusive of registration, EC & patta charges. The Complainant also paid  the balance amount of Rs.3,30,000/- on 06.03.2015 and for the said amount the Opposite Party issued 3 receipts for a sum of Rs.80,000/- another sum of Rs.80,000/- and a sum of Rs.1,70,000/-. The Opposite Party also allowed a sum of Rs.10,000/- by way concession for the purchase of 1200 sq ft. land . Even after payment of full amount the Complainant demanded the Opposite Party on several occasions to execute the sale deed in his favour by way of registration. However, he did not execute the same. Hence the Complainant suffered with mental agony and also filed this Complaint praying to direct the Opposite Party to register the plot in favour of the Complainant and also for compensation for delay in registration charges, mental agony and unfair trade practice of the Opposite Party with cost of the Complaint.  

          2. Though the Opposite Party received notice, he did not appear on 10.06.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A5 was marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          Ex.A1 is the layout for THIRU SAI CITY developed by the Opposite Party at Meliri Village, Arakonnam Taluk, and Vellore District. The Complainant also inspected the layout on 20.12.2014 and also booked the plot Nos.41, 42 & 88 by way of initial payment of Rs.10,000/-.  For the said amount the Opposite Party issued Ex.A2 receipt. The Complainant further agreed to purchase the plot at the rate of Rs.150 per sq.ft. The plot Nos.41 & 42 measuring each 600 sq ft. and plot No.88 measuring 1200 sq ft. and thus in all he had agreed to purchase 2400 sq ft. land from the Opposite Party.   For the said 2400 sq ft land  the total costs comes to Rs.3,60,000/-.  The Opposite Party gave concession of Rs.10,000/- for 1200 sq ft. land. Therefore the Complainant is entitled for a sum of Rs.20,000/- by way of concession in purchasing the above land. Thus, the Complainant has to pay a sum of Rs.3,40,000/- to the Opposite Party after allowing the concession given by him. The Complainant paid a sum of Rs.3,30,000/- under Ex.A3, Ex.A4 & Ex.A5 and a sum of Rs.10,000/-at the time of booking. Therefore the Complainant paid the entire amount of Rs.3,40,000/- by way of receipts Ex.A2 to Ex.A5 towards entire sale consideration to the  Opposite Party.  

          7. However, even after the payment of full amount, the Complainant demanded the Opposite Party to register the land in his favour on several occasions and the Opposite Party evaded him and failed to register the land and therefore, it is held that the Opposite Party clearly committed deficiency in service and accordingly this point is answered.

8. POINT NO: 2

          The Opposite Party received the full sale consideration in respect of plot No.41, 42 & 88 from the Complainant and therefore, the Opposite Party is liable to register the above said plots in favour of the Complainant. The Complainant filed memo  on 23.01.2011 that he prayed in the Complaint to  direct the Opposite Party  to register the land  in his favour  and now since the Hon’ble  High Court of Madras stayed the registration of the Panchatyat Approved Lands and  the land in dispute is also an unapproved land and hence he prays to direct the Opposite Party to return the amount of Rs.3,45,000/- paid by him with interest  24% per annum and also compensation for deficiency in service.

          9. The Complainant himself wanted to refund the amount paid by him to the Opposite Party for the reason stated above.  The Complainant actually paid a sum of Rs.3,40,000/-  through Ex.A2 to Ex.A5  and such amount can be ordered to be refunded by the Opposite Party to him with reasonable interest from the date of payment on 06.03.2015. The Complainant suffered with mental agony due to that the Opposite Party even after receiving sale consideration failed to register the land  is accepted. Hence for the above deficiencies and mental agony, it would be appropriate to order a sum of Rs.50,000/- towards compensation, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.3,40,000/- (Rupees three lakhs  and forty thousand only) to the Complainant with 9% interest from 06.03.2015 to till the date of this order and also to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of January 2017.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.09.2011                   Layout of House sites in Meleri Village,

                                                Arakonam Taluk, Vellore District.

 

Ex.A2 dated 20.12.2014                   Receipt No.2010 dt 20.12.2014 for Rs.10,000/-

                                                issued by the Opposite Party

 

Ex.A3 dated 06.03.2015                   Receipt No.2324 dt 06.03.2015 for Rs.1,70,000/-

                                                issued by the Opposite Party

 

Ex.A4 dated 06.03.2015                   Receipt No.2325 dt 06.03.2015 for Rs.80,000/-

                                                issued by the Opposite Party

 

Ex.A5 dated 06.03.2015                   Receipt No.2326 dt 06.03.2015 for Rs.80,000/-

                                                issued by the Opposite Party

 

 

 

 

MEMBER – II                                                               PRESIDENT