Andhra Pradesh

Chittoor-II at triputi

CC/65/2016

P.Umesh, S/o S.Nasar, Software Engineer, - Complainant(s)

Versus

V.Prabha, W/o V.Vasudeva Rao - Opp.Party(s)

K.Ajey Kumar

28 Dec 2016

ORDER

 

 

                                                                                                                                                            Filing Date:-10-06-2016                                                                                                                                                                                      Order Date:  28-12-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. M. Ramakrishnaiah, President

                                                                                           Smt. T.Anitha, Member

                           THURSDAY, THE TWENTY EIGHTH DAY OF DECEMBER, TWO THOUSAND AND SIXTEEN

 

C.C.No.65/2016

Between

P.Umesh, S/o. S. Nasar,

Hindu,  Aged about 27 years,

Occupation : Software Engineer at Chennai,

Presently came over to Tirupati and

Residing at D.No. 13-7-921/A,

Old Post Office Lane,

Korlagunta, Tirupati,

Chittoor District.                                                                   … Complainant

 

And

1.Smt. V. Prabha, W/o. V. Vasudeva Rao,

Hindu, aged about 48 years,

Flat No.206, Pavani Prestige,

Ameerpet,

Hyderabad.

 

2. V.Vasudeva Rao,

S/o. not Known,

Director / Authorized Signatory for

 V.V.R. Housing India Pvt. Ltd,

Tirupati, Flat No. 206,

Pavani Prestige, Ameerpet,

Hyderabad.

 

3. M/s. V.V.R. Housing India Private Ltd.,

Tirupati, represented by its Managing

Director Smt. V.Prabha, Flat No. 206,

Pavani Prestige, Ameerpet,

Hyderabad,

Regd. Office having its Branch Office at

Plot No.1, Annamayya Circle,

A.I.R. Bye-Pass Road,

Tirupati,

Chittoor District.                                                   

 

4. The Chief Executive Office/Branch Manager,

V.V.R. Housing India Pvt. Ltd.,

Tirupati, Plot No.1,

Annamayya Circle, AIR Bye-Pass Road,

Tirupati,

Chittoor District.

(He is dismissed as not pressed

As per memo dt: 28.10.2016.)                                                          …. Opposite  Parties

 

           This complaint coming on before us for final hearing on 13.12.2016 and upon perusing the complaint, chief affidavit, written arguments of the complainant and the  opposite parties and other relevant material papers on record and on hearing of  Sri. K. Ajey Kumar, counsel for the complainant and opposite parties 1 to 3 remained exparte and complaint against opposite party no.4 is dismissed as not pressed,  having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

         This complaint is filed by the complainant under Sections 12 and 14 of the Consumer Protection Act 1986, complaining the deficiency of service on part of the opposite parties and prayed this Forum to direct the opposite parties jointly and severally to refund the amount of Rs.5,80,000/-paid by the complainant for the purchase of plot with interest @ 24% p.a. from the date of the payment i.e.15.06.2013 till realization or to register the plot No.18 in Tirumala Gardens Layout in Yerpedu Mandal, Chittoor District and to direct the opposite parties to pay Rs.3,00,000/- towards damages for causing mental agony and deficiency in service  and to pay costs of the complaint.

                    2. The brief facts of the case are:  The opposite parties doing real estate business by forming layouts and selling the plots to the customers in Tirupati and surrounding areas and opposite parties 1 to 3 are the managing partners and opposite party no.4 is looking after the affairs of the Tirupati branch. Accordingly the opposite parties formed a layout in the name and style of Tirumala Garden Deluxe-II and laid plots. The complainant joined as a member in the said layout for the purchase of the house site and paid an amount of Rs.500/- on 21.05.2013 towards registration as a member and he paid an amount of Rs.5,80,000/- for the plot and in total he paid Rs.6,00,917/- and same was entered in the pass book No.37 issued by the opposite parties and issued allotment letter on 15.06.2013 and the opposite parties issued receipts for the said payment and also for  the down payment of Rs.5,00,000/- and no receipt was issued for the remaining payment of Rs.80,000/- but the same was endorsed  in the pass book. The complainant further submits that the opposite parties allotted plot no.18 and executed allotment letter            dt: 15.06.2013 in favour of the complainant, in the said letter it was mentioned that the cost of the plot was fixed for an amount of Rs.6,00,917/- after giving discount of Rs.30,000/- and the complainant has to bear the registration charges.  Accordingly the complainant has paid Rs.5,80,000/-, same was mentioned in the allotment letter and also the complainant has to pay Rs.20,917/- towards balance of sale consideration. The complainant further stated that after receipt of the above said amount of Rs.5,80,000/- the opposite parties fail to register the plot in the name of the complainant even after several requests and representations made by the complainant. And at last the opposite parties stated that the above said plot was not approved by the Panchayat Authorities. Hence the complainant demanded the opposite parties to refund the entire amount with interest paid by him, but the opposite parties did not choose to repay the amount. Hence the complainant caused a legal notice to the opposite parties on 13.08.2015 for the repayment of the amount paid by him, but the said notice was returned from opposite party no.1    and 2 with an endorsement of addressee left without instructions and the other opposite parties gave evasive reply on 10.09.2015 and failed to pay the amount which was paid by the complainant or to register the plot in the name of the complainant even after receipt of the consideration as promised to the complainant.  Hence he filed the present complaint.

         3. The opposite parties 1 to 3 remained absent and set exparte and the complainant filed memo that he has not pressed the case against the opposite party no.4. Hence the case against opposite party no.4 was dismissed as not pressed.

         4.  The complainant filed his evidence on affidavit and got marked Exs.A1to A6. The complainant filed his written arguments and oral arguments were heard.

 

         5.  Now the points for consideration are:

              (i) Whether there is any deficiency of service on part of the opposite parties    

                   as complained by the complainant?            

             (ii)  Whether the complainant is entitled for the reliefs as prayed for?            

             (iii)  To what Relief?

         6. Point No:-(i).  The main contention of the complainant is the opposite parties     1 to 3 who is doing real estate business, formed a layout in the name of Tirumala Garden Deluxe-II in Yerpedu, Chittoor District and the complainant joined as a member and he paid Rs.500/- towards registration charges on 21.05.2013 and in order to purchase a plot he paid Rs.5,80,000/- towards sale consideration  and in order to prove the payment he filed receipt and got marked as Ex.A3 the receipts clearly shows that he paid Rs.5,00,000/- and shows that he paid Rs.50,000/- on 25.05.2013 and he paid Rs.4,50,000/-. On 4.6.2013 and the payment of Rs.80,000/- on 11.6.2013 and same was entered in the pass book i.e.Ex.A1 and in total he paid Rs.5,80,000/-towards sale consideration and also he has stated that the opposite parties allotted plot No.18 to the complainant in the above said layout and in order to prove the above said contention he filed allotment letter which was marked as Ex:A2 i.e. the allotment letter executed by the opposite parties in favour of the complainant. The complainant further stated that the total cost of plot is Rs.6,30,917/- out of which the opposite parties gave discount of Rs.30,000/-. Hence the complainant has to pay Rs.6,00,917/- out of which he paid Rs.5,80,000/- and he has to pay balance amount of Rs.20,917/- towards the cost of the plot. The complainant further stated that even after several requests made by him to the opposite parties that he is willing to pay balance amount  of Rs.20,917/- and requested the opposite parties to register the plot in his name. But the opposite parties stated that the above said layout was not approved by the Panchayat. Hence the complainant requested them to repay the amount paid by him or to register the plot in his name, but they failed to do so. Hence finally on 13.08.2015  the complainant caused a legal notice calling upon the opposite parties either to repay the amount which was paid by him i.e. Rs.5,80,000/-  with interest 24% p.a. or to register the plot in his name failing which he will constrained the file the case in Consumer Forum. But, the opposite parties 1 and 2 manage to return the above said notices with an endorsement of “Addressee left without instructions” and another notice was received which is issued to the Hyderabad address and gave evasive reply on 10.09.2015 with all false allegations.  Hence the complainant filed the present complaint prayed this Forum by complaining the deficiency of service on part of the opposite parties and prayed this Forum to direct the opposite parties to pay the amount of            Rs. 5,80,000/- which was paid by him towards sale consideration for the allotment of the plot to the opposite parties and to pay Rs.3,00,000/- towards compensation for causing mental agony and deficiency in service and to pay costs.

         7. But, after receipt of the notice issued by this Forum the opposite parties failed to appear before this Forum, hence the opposite parties 1 to 3 called absent and set exparte. As already, the claim against opposite party no.4 was dismissed as not pressed. The contentions of the complainant was proved by him that he paid an amount of Rs.5,80,000/- towards sale consideration by Ex.A1 the pass book itself clearly shows that he paid Rs.5,80,000/- and also he filed the Ex:A2 the allotment letter issued by the opposite parties in favour of the complainant, that they allotted plot No.18 to the complainant in the above said Tirumala Gardens Deluxe-II and they received Rs.5,80,000/- and the complainant has to pay Rs.20,917/- that itself clearly shows the bonafides on part of the complainant. The opposite parties stood exparte and failed to challenge the contentions made by the complainant hence it was proved as unchallenged and the contention of the complainant is to be accepted. Hence as per Ex:A4 it clearly shows that the complainant made a representation to the opposite parties to repay his amount or to register the plot. But the opposite parties failed to comply the same or to register the plot in favour of the complainant which is nothing but deficiency in service on part of the opposite parties 1 to 3. Hence we are of the opinion that there is deficiency in service on part of the opposite parties towards the complainant which is nothing but deficiency in service which shows the gross negligence on part  of the opposite parties. Hence this point is answered in favour of the complainant.

         8.Point(ii):- The contention of the complainant is the cost of the plot is Rs.6,30,917/- and as per Ex.A2 i.e. in the allotment letter it was clearly mentioned  that the  opposite parties gave discount of Rs.30,000/- out of 6,30,917/- and the complainant has to pay Rs. 6,00,917/- towards the cost of the plot. Accordingly the complainant paid Rs.5,00,000/- on 04.06.2013 under Ex:A3 the receipts and he paid Rs.80,000/-               on 11.06.2013 and same was endorsed in the pass book i.e. Ex.A1 and totally the complainant paid Rs.5,80,000/- towards cost of the plot and he has to pay the balance of Rs.20,977/-. But as he is ready to pay the remaining amount the opposite parties failed to come forward to receive the balance amount and register the plot in the name of the complainant even after several reminders made by the complainant.  The opposite parties failed to register the plot or failed to refund the cost made by the complainant. Under the above circumstances, we are of the opinion that the complainant is entitled to refund of the amount paid by him to the opposite parties 1 to 3 with interest @ 12% p.a. from the date of last payment i.e.15.06.2013 till realization. Due to the negligent attitude of the opposite parties the complainant suffered a lot as he made several requests to the opposite parties for repayment of the amount. But, they failed to register the plot or to refund the amount paid by the complainant for the purchase of the plot.  The opposite parties in order to squeeze the money from the public they made evasive promises and printed the brouchers and gave wide publicity which shows the attitude of the realtors to squeeze the money from the public which is nothing but  unfair trade practice. Hence by seeing the advertisements the innocent public invested their hard earned money in order to own a plot to construct the house. Under the above circumstances, we are of the opinion that the complainant is a entitled of Rs.1,00,000/- towards compensation and for mental agony and deficiency in service on part of the opposite parties.   

        9.Point(iii):-   In view of our discussion on point no.1 and 2 we are of the opinion that there is deficiency in service on part of the opposite parties and the complainant is entitled to the reliefs sought for, as such the complaint is to be allowed.   

             In the result, the complaint is allowed in part directing the opposite parties 1 to 3 jointly and severally to pay an amount of Rs.5,80,000/- (rupees five lakh eighty thousands only) with interest @ 12% p.a. from the date of last payment i.e.15.06.2013 till realization. The opposite parties are further directed to pay Rs.1,00,000/- (rupees one lakh only) towards compensation for mental agony and deficiency of service and to pay Rs.2,000/- (rupees two thousand only) towards costs of the litigation expenses. The opposite parties further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order. Failing which, the compensation amount of Rs.1,00,000/- (rupees one lakh only) also shall carry interest @ 9% p.a. from the date of this order till realization.     

        Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 28^th day of December, 2016.

                                                                                                                                            Sd/-                                                                                     Sd/-                        

  Lady Member                                                                                                                President      

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1:  P. Umesh (Evidence 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
	Passbook bearing No.37 of the complainant issued by the Opposite Party. Dt: 25.05.2013.
	Plot allotment letter issued by the Opposite Party. Dt: 15.06.2013.
	Bunch of Cash Receipts in 3 Numbers issued by the Opposite Party. Dt: 21.05.2013. 25.05.2013,04.06.2013.
	Office copy of Legal Notice. Dt: 13.08.2015.
	Reply Notice issued by the Opposite Party. Dt: 10.09.2015.
	Returned Postal Covers 2 in Numbers with Ack’s 3 in number.  Dt: 14.08.2015.

 

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 Complainant.

                  2) The Opposite parties.