Tamil Nadu

North Chennai

97/2014

G.Raghul,G.Raghavi, Rep by their Father, - Complainant(s)

Versus

Tr.D.Singaraja, The Managing Director, - Opp.Party(s)

G.Gopalakrishnan

02 Jun 2016

ORDER

                                                            Complaint presented on:  21.05.2014

                                                                Order pronounced on:  02.06.2016

 

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

 

THURSDAY THE 02^nd    DAY OF JUNE 2016

 

C.C.NO.97/2014

 

 

1. G.Rahul

2. G.Raghavi,

Represented by their father,

G.Gopalakrishnan,

No.15/4, Karnam Street,

Selaiyur, Chennai – 73.

                                                                                            ..... Complainants

 

..Vs..

	1. Thiru. D.Singaraja, The Managing Director, Kamaraj Educational Development Trust, No.7, Kaaliamman Koil Street, Koyambedu, Chennai – 600 107.     2. Thiru. D.Singaraja, Managing Director, Bhoomathi Real Estates, No.7, Kaaliamman Koil Street, Koyambedu, Chennai – 600 107.
	.....Opposite Parties

Date of complaint                                  23.05.2014

Counsel for Complainant                      : G.Gopalakrishnan

Counsel for opposite parties                   : R.Chittibabu

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

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

1.THE COMPLAINT IN BRIEF:

          The 1^st Opposite Party organised a Celebration of Competition on 14.11.2009 at Annai Anjugam Ammaiyar Thirumana Mandapam at Kodambakkam, Chennai on the eve of children day. The minor Complainants 1 & 2 went with his father G.Gopalakrishnan to that function and they learnt that the function was arranged to promote real estate business and the Opposite Parties asked them to enroll them as members and to pay the amount  in installments. The 1^st & 2^nd Complainant paid the 1^st installment each Rs.300/- and they have been given a pass book account No.2255 and 2258 respectively. The father of the children paid two installments for the Complainants and on 09.05.2009 the father paid the entire balance amount of Rs.17,400/- for each Complainant and thus each Complainant paid a sum of Rs.18,000/- for each account. The scheme is to allot   and hand over the plot to the individuals after paying the entire amount.

          2. The Complainant (father) also enrolled them with the 1^st Opposite Party for another scheme and paid a sum of Rs.500/- for 6 months. The Complainants were allotted with the account members and also paid the amount for the 4 accounts as follows:

1. A/C No.4448, G.Raghul (with first O.P) pass book balance   Rs.3,000/-
2. A/C No.4437, G.Raghul (with first O.P.) passbook balance   Rs.3,000/-
3. A/C No.4449, G.Raghavi Rajalakshmi (with first O.P.)

Passbook balance                                                                 Rs.3,000/-

4. A/cNo.4438, G.Raghavi Rajalakshmi (with first O.P)

Pass book balance                                                                Rs.3,000/-

                                                                                          

               Total Balance in 4 pass books                                       Rs.12.000/-

                                                                                          

          3. The 2^nd Opposite Party also promoted 6 months period scheme and in the said scheme in the name of the 1^st Complainant in account no.3041 a sum of Rs.9,000/- and in account no.308 a sum of Rs.1,000/- was paid and thus in that account a total balance of Rs.10,000/- was available.

          4. After making the above payments by the Complainant, the Opposite Parties never allotted any land to the Complainant. The 1^st Opposite Party even after demand did not come forward to refund the amount or to allot a plot. When the Complainant entered in the 1^st Opposite Party office staff informed him that, after 5 years delay they demanded a further a sum of Rs.30,000/- towards service charges land development charges, site visit charges and registration charges etc. The demand of additional amount is nothing but an unfair trade practice and even after issuing legal notice to the Opposite Parties they did not come forward either to refund the amount or to allot land in their favour. Therefore the Complainant filed this Complaint for the unfair trade practice and Deficiency in Service of the Opposite Parties to refund the amount paid by them and also for compensation with cost of the proceedings.         

5. WRITTEN VERSION OF THE 1^ST OPPOSITE PARTY IN BRIEF ADOPTED BY THE 2^ND OPPOSITE PARTY  

          The 1^st Opposite Party is promoting cultural activities for the students and the 2^nd Opposite Party is carrying on real estate business and both the Opposite Parties are one and the same. The main   intention of the 1^st Opposite Party is to provide free evening education, promoting cultural activities and conducting drawing competition among the school students. The Complainant enrolled with the 1^st Opposite Party and also satisfied with the scheme formulated by the 2^nd Opposite Party. The minor Complainants were given two pass books at the time of enrolling their name and the pass books are treated as agreement between the 1^st Opposite Party and the Complainant. The Complainant was also given two gold coins for both the accounts. As per clause 9 the Complainant never came to site visits and has not chosen for the allotment of the plot. As per clause 12, within 3 months after completion of the payment of installments, the Complainant has to pay development charges, service charges and registration charges etc and failure of payment, the plot will be cancelled and the amount paid by him will be refunded after selling the plot. The Complainant never acted upon as per clause 12.

          6. With regard to 4 account nos.4437, 4438,448 and 4449, the Complainant paid the installments by April 2010 totaling a sum of Rs.12,000/- for the above  said accounts and then he stopped paying the monthly installments for those accounts and as per clause 11 a member more 3 months did not pay the installments after   deducting the necessary charges  the balance will be paid to the member.

          7. The Complainant also paid one installment amount of Rs.1,000/- in respect of account No.308 and paid installments of Rs.9,000/- in respect of account No.3041 and thereafter failed to pay  installments in respect of the above two accounts and hence clause 11 will apply. As per the agreement the Complainant only breached by not paying the necessary charges to the 1^st Opposite Party and also discontinued the paying the installments and therefore the Opposite Parties have not committed any Deficiency in Service or unfair trade practice and the Complainant approached this Forum suppressing all the above facts  and therefore prays dismiss the Complaint.

8.POINTS FOR CONSIDERATION:

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

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

9. POINT  NO: 1

          The Opposite Parties organised a celebration of competition on 14.11.2009 at Annai Anjugam Ammiyar Thirumana Mandapam at Kodambakkam, Chennai  on the eve of children’s day and for the said function the Complainant Gopalakrishnan with his minor children Rahul, Raghavi  went for that function and during that time the Opposite Parties enrolled them as members to pay installments at Rs.300/- per month  for 16 installments and after making full payment the member will get a plot and accordingly the Complainant enrolled his son Rahul and daughter Raghavi in the said scheme and paid Rs.300/- each as first installment and they have been given a pass book account no.2255 and 2258 respectively and after paying two installments the Complainant paid the balance sum of Rs.17,400/- for each pass book and thus he paid the entire amount for the above accounts on the above said date totaling a sum of Rs.36,000/- and recognising   the early payments two gold coins was also given to him for the above accounts and the Complainant also enrolled his son in Account No.4437 and 4448 and her daughter  4438, 4449 agreeing to pay an installment of Rs.500/-per month for the total period of 16 months and however he paid only Rs.3,000/- for each account evidenced in the Ex.A4 to Ex.A7 pass book issued by the Opposite Parties and thereafter the Complainant did not pay  for the said account  and the Complainant also enrolled his son in another similar scheme and he became member in two  accounts in Account Nos.3041 & 308 and in both the accounts he paid only a sum of  Rs.10,000/-  and for the remaining period he did not pay any account which had evidenced in Ex.A8 and Ex.A9.

          10. The Complainant would contend that though he paid the entire amount well in advance in respect of account nos.2255 and 2258. The Opposite Parties did not allot the plot and when he approached the office they informed him that he has to pay a sum of Rs. 30,000/- towards service charges land developmental and other charges and when he asked for the refund of the amount they have not refunded the same and therefore the Opposite Parties have committed Deficiency in Service.

          11. The Opposite Parties would reply that the Complainant has attended with his children and he himself paid the amount for the above said accounts and however he did not turn up to identify the plot and as per the conditions printed in the account book and as per clause 12 after payment of the entire installments within three months he has to pay the developmental and other charges, failure to pay, the plot allotted   to him will be cancelled and sold to some other person and the amount paid by him will be refunded.

12. The Complainant sent legal notice Ex.A10 to Ex.A12 to the Opposite Parties and the same was acknowledged by them under Ex.A13 to Ex.A15. However, the Opposite Parties did not give any reply for the said notice. The Complainant has filed this Complaint after six months of the notice against the Opposite Parties.  As contended by the Opposite Parties after completion of payment of installments as per clause 12 the member has to be pay developmental and other charges and get  it registered  the plot and failure which the plot allotted to the members will be sold to the third party and thereafter the amount will be refunded to the member.  The Opposite Parties have the power to cancel the allotment. However, nowhere in the written version it has been stated that a plot was already allotted to the Complainant in respect of above said two accounts even though he has paid the full amount in respect of these two accounts. Therefore, it is Cristal clear that though the Opposite Parties received full payment in three installments and they failed to allot any plot to the Complainant is Deficiency. Further the Opposite Parties also have not intimated the Complainant to pay development charges and other charges as per clause 12 contained in Ex.A2 and Ex.A3. Therefore, it is only the Opposite Parties having received the full payment failed to allot the plot to the Complainant and also failed to intimate the Complainant to make other payments and in view such conclusion, it is held that the Opposite Parties 1 and 2 have committed Deficiency in Service in respect of above two accounts.

13. Admittedly in respect of Account No.4437,4438,4448 and 4449 the monthly installments is Rs.500/- and spread over for the period of 60 months and however the Complainant paid Rs.3,000/- only for each account for 6 months and thereafter did not  make any payment for further installment. The above amount was not refunded by the Opposite Party even after issuance of notice. The installments period commenced in the year 2009 and by this time the entire period was over. As per clause 11 of the condition printed in the  pass book if any member continuously  did not pay the installments after deducting the service and development charges the balance  will be paid to the member. In respect of the above said four accounts even after the expiry of the period the Complainant did not refund as per clause 11 and therefore in respect of those account also the Opposite Parties have committed Deficiency in Service.

          14. Likewise in respect of Account No.3041 the monthly installments is Rs.1,500/- and the period of the scheme for 16 months and  the  Complainant paid only 9,000/- for installments and remaining amount have not been paid and likewise in respect of the Account No.308 also the Complainant paid a sum of Rs.1,000/- one installment only and the remaining installments has not been paid. For this accounts also clause 11 applies and the Opposite Parties failed to refund the amount paid by the Complainant and therefore in respect of these two accounts referred above the Opposite Parties have committed Deficiency in Service.

15. POINT NO :2

          Since the Opposite Parties have committed Deficiency in Service, the act of the Opposite Parties caused mental agony is accepted. The Opposite Parties promoted Real Estate Business did not keep up the promise and further they are utilizing the fund collected from the public to develop their business for their welfare. Nowhere, in the written version it is stated that they have allotted the plot to the other members who have paid the full amount. Therefore the Opposite Parties have to be directed to pay a heavy compensation. The Complainant also claimed interest for the amount paid by them. The Opposite Parties having the collected amount in their possession from the year 2009 and considering these circumstances it would be appropriate to order a sum of Rs.1,00,000/- towards compensation would meet ends of justice . Though in respect of two accounts 2255,2258 the full amounts were paid at a  very early stage and the Opposite Parties have not taken any steps to allot the plot and therefore in the circumstances the Complainant seeks refund  of the amount paid by him to the Opposite Parties is justified. Likewise in respect of other 4 accounts a sum of Rs.12,000/- and to respect  of the other two accounts the Complainant paid sum of Rs.10,000/- also is entitled and thus total sum of Rs,58,000/- the Complainant is entitled to get refund from the Opposite Parties. In the written version it has been pleaded that 1^st and 2^nd Opposite Parties are one and the same. In such case the Opposite Parties are jointly or severally liable to refund the amount and pay compensation besides a sum of Rs.5,000/- towards litigation expenses.

In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 are jointly or severally ordered to  refund  a sum of Rs.58,000/- (Rupees fifty eight  thousand only) to the Complainant  and also  to pay a sum of Rs.1,00,000/- (Rupees one lakh 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 02^nd day of June 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 14.11.2009	Pamphlet for Inaugural function cum Children’s day celebration
Ex.A2 dated NIL	Pass book A/C No.2255, G.Raghul. (Kamaraj Edu. Development Trust)
Ex.A3 dated NIL	Pass book A/C No.2258, G.Raghavi Rajalakshmi (Kamaraj) Edu. Development Trust)
Ex.A4 dated NIL	Pass book A/C No.4448, G.Raghul (Kamaraj Edu. Development Trust)
Ex.A5 dated NIL	Pass book A/ No.4437, G.Raghul (Kamaraj Edu. Development Trust)
Ex.A6 dated NIL	Pass book A/C No.4449, G.Raghavi Rajalaksmi) (Kamaraj Edu. Development Trust)
Ex.A7 dated NIL	Pass book A/C No.4438, G.Raghavi Rajalaksmi) (Kamaraj Edu. Development Trust)
Ex.A8 dated NIL	Pass book A/C No. 3041, G.Raghul (Bhoomathi Real Estates)
Ex.A9 dated NIL	Pass book A/C No. 308, G.Raghul (Bhoomathi Real Estates)
Ex.A10 dated 19.10.2013	Legal Notice to the 1st Opposite Party
Ex. A11 dated 19.10.2013	Legal Notice to the 1st Opposite Party
Ex. A12 dated  19.10.2013	Legal Notice to the 2nd Opposite Party
Ex.A13 dated 23.10.2013	Acknowledgement Card from 1st Opposite Party
Ex.A14 dated 23.19.2013	Acknowledgement Card from 1st Opposite Party
Ex.A15 dated 23.10.2013	Acknowledgement Card from  2nd  Opposite Party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES:

                                      ……NIL……

 

 

MEMBER – II                                                               PRESIDENT