Tamil Nadu

South Chennai

CC/616/2006

R.Renuka - Complainant(s)

Versus

Vasavi Builders - Opp.Party(s)

K.Ganesan

11 Sep 2017

ORDER

                                                                        Date of Filing :  15.09.2006

                                                                        Date of Order :  11.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.616/2006

MONDAY THIS 11^TH  DAY OF SEPTEMBER 2017

 

1. Smt. R.Renuka,

2. P.K. Srinivasan,

3. P.K. Sanjeevi

All are residing at

Old No.25-8, New No.49/8,

Car Street, Triplicane,

Chennai 600 005.                                         .. Complainant

 

                                        ..Vs..

 

M/s. Vasavi Builders,

Rep. by its Managing Partner,

Sri P. Badrinath,

8/9, Kandasamy Street,

Mandaveli,

Chennai 600 028.                                           .. Opposite party.

 

 

Counsel for Complainant          :    M/s. K. Ganesan    

Counsel for opposite party       :    M/s. P.C. Hari Kumar & Associates      

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to  refund a sum of  Rs.93,600/- towards shortage of undivided shareand Rs.2,15,000/- towards excess payment and Rs.80,000/- towards shifting the electricity and Metro Water line and Rs.10,00,000/- towards unauthorized construction of 4^th Floor and to remove thewall and also to pay a sum of Rs.5,00,000/- as compensation and to pay cost of the complaint.

 1. The averments of the complaint in brief are as follows:

The complainants submit that the 1^st complainant is the purchaser of the property bearing Door No.25, Car street, Triplicane, Chennai of ground floor  and the 2^nd and 3^rd complainants are purchasers of the above said property of 1^st floor to an extent of 903 sq. ft. and 450 sq. ft respectively with undivided share of 80 sq. ft and 172 sq ft respectively.   The opposite party also executed the sale agreement dated 20.6.2000 & 16.12.2002. The complainants also state that the opposite party unauthorizedly constructed the 4^th floor against the approved plan resulting shortage of undivided share which amounts to a sum of Rs.93,600/-.    Further the complainants state that  the opposite party has divided the entire area into two blocks by showing Car Street as an entrance.  However the opposite party has put up a dividing wall of the blocks, which is not only illegal but also opposed to the sanctioned plan.  Further the opposite party has chosen to provide access to the complainant flats only from North Tank Square Street, which is having only 20 ft. width instead of through car street, which is having 60 width.  The above conduct on the part of the opposite party is nothing but gross deficiency in service.   

2.    As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainants.  Hence the complaint is filed.

3. The brief averments in Written Version of  the opposite party    are as follows:

        The opposite party denies each and every allegation except those that are specifically admitted herein.   The opposite party state that the said owner had entered into a joint venture agreement with the opposite party and thereby the front portion facing the car street was allotted to the owner and the rear portion having access through the North Tank Square Street was allotted to the opposite party for constructing the house and with full power of alienation.  Therefore the very joint venture itself is crystal clear that the opposite party is entitled to sell only the rear side portion having access through the North Tank Square Street.   The opposite party further state that as per the agreement dt. 5.1.2002 it is clearly mentioned that the first complainant is entitled to purchase flat in the first floor, with plinth area of 903 sq. ft.  Similarly the 3^rd complainant has purchased one flat in the ground floor with plinth area of 450 sq. ft.  In the said agreement itself, it is clearly mentioned that the first and second complainants are entitled to 172 sq. ft. of undivided share of land and the third complainant is entitled for 86 sq. ft. of undivided share of land.  The complainants neither challenged the sale deed nor challenged the agreement of sale that he is entitled for 245 sq. ft. of undivided share of land.  In the absence of such the complainants have no right to claim compensation  for the reduction of undivided share of land to an extent of 72 sq. ft. of Rs.93,600/-.

4. he actual cost of the flats in the ground floor and first floor is Rs.21,00,000/; thereafter they were ready to reduce to Rs.17,00,000/-.  Thereafter the complainant paid total tune of Rs.18,75,000.    As per clause 33 of the construction agreement, the complainant has to pay separate amount for getting electricity and water connection.   Since the complainant has not paid the said amount as a result of which the opposite party had not provided the same.     Hence there is no deficiency of service on the part of the opposite party and therefore this complaint is liable to be dismissed.

5.      In order to prove the averments of the complaint, the complainants have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A22 marked.  Proof affidavit of opposite party  filed and Ex.B1 to Ex.B6 marked on the side of the opposite party.  

6.   The points for the consideration is: 

1.  

of Rs.93,600/- towards shortage of undivided shareand Rs.2,15,000/- towards excess payment and Rs.80,000/- towards shifting the electricity and Metro Water line and Rs.10,00,000/- towards unauthorized construction of 4^th Floor and to remove thewall as prayed for ?

 

2. Whether the complainants are entitled to a sum of Rs.5,00,000/- towards mental agony with cost as prayed for ?

 

 

 

7.  

       

Heard both sides.Perused the records.Admittedly the first complainant is a purchaser of the property bearing Door No.25, Car street, Chennai of ground floorand the 2^nd and 3^rd complainants are purchasers of the above said building of 1^st floor to an extent of 903 sq. ft. and 450 sq. ft respectively with undivided share of 80 sq. ft and 172 sq ft respectively.The opposite party also executed the sale agreement dated 20.6.2000 & 16.12.2002marked as Ex.A1 & Ex.A4 reflectsthe same extent without any deviation.The learned counsel for the complainant contended that the opposite party unauthorizedly constructed the 4^th floor against the approved plan resulting shortage of undivided share which amounts to a sum of Rs.93,600/-.But on a careful perusal of Ex.A1 & Ex.A4 sale agreement it is apparently clear that the opposite party executed the sale deed in favour of the complainants 80 sq. ft and 172 sq. ft. totaling 252 sq. ft. as agreed by the parties as per agreement Ex.A3.The learned counsel for the opposite party contended that the alleged deficiency in UDS is an imaginary one.The complainants wantonly and deliberately suppressed the material fact of the sale agreement Ex.A1 & Ex.A4 claiming a sum of Rs.93,600/- towards shortage ofundivided share is baseless.The actual cost of the flats in the ground floor and first floor is Rs.21,00,000/-; thereafter they were ready to reduce to Rs.17,00,000/-.Thereafter the complainant paid total amount to the tune of Rs.18,75,000/ as per receipts Ex.A13 to Ex.A21.The complainants has paid an excess amount of Rs.1,75,000/- is proved.Hence the complainants are entitled the said sum of Rs.1,75,000/-.

8.  

 

9.  

 

10.  
11.  
12.  

        In the result the complaint is allowed in part.The opposite party shall pay a sum of Rs.1,75,000/- (Rupees one lakh and seventy five thousand only) being the excess amount collected by the opposite party with interest at the rate of 9% p.a. from the date of this complaint i.e. 15.9.2006 to till the date of this order i.e. 11.9.2017 and also pay compensation of Rs.20,000/- (Rupees twenty thousand only) towards mental agony with cost of Rs.5,000/-(Rupees Five thousand only) to the complainants.

The above  amounts shall be payable within six weeks from the date  of  receipt  of  the  copy  of  this  order,  failing  which,  the  said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  11^th   day  of  September  2017.  

 

MEMBER-II                                                                    PRESIDENT.

Complainants” side documents:

Ex.A1- 20.6.2000  - Copy of Sale Agreement

Ex.A2-         -       - Copy of Schedule of Agreement.

Ex.A3- 5.1.2002    - Copy of Construction Agreement.

Ex.A4- 16.12.2002         - Copy of Sale agreement.

Ex.A5- 20.2.2003  - Copy of Minutes of understanding.

Ex.A6- 24.3.2003  - Copy of letter by the opposite party to the S.B.I.

Ex.A7- 27.3.2003  - Copy of Valuation report from Govt. Approved Valuer.

Ex.A8- 18.9.2004  - Copy of Possession letter by the opposite party.

Ex.A9- 18.9.2004  - Copy of possession letter to the complainant-3.

Ex.A10- 6.9.2006  - Copy of legal notice.

Ex.A11-       -       - Copy of drawing sketch of location of Comp. flats.

Ex.A12-       -       - Copy of photographs of unapproved 4^th floor building.

Ex.A13- 8.6.2000  - Copy of Receipts.

Ex.A14- 24.9.2002         - Copy of Receipts.

Ex.A15- 16.12.2002- Copy of receipts.

Ex.A16- 11.2.2003         -  Copy of receipts.

Ex.A17- 11.2.2003         -  Copy of receipts.

Ex.A18- 17.2.2003         -  Copy of receipts.

Ex.A19-  5.7.2004 -  Copy of receipts

Ex.A20- 5.7.2004  -  Copy of receipts.

Ex.A21- 18.9.2004         -  Copy of receipts.

Ex.A22-       -       -  Copy of approved plan. 

 

 

 

Opposite party’s side document: -

Ex.B1- 5.1.2002    -  Copy of Agreement between 2^nd and 3^rd opposite party.

Ex.B2- 5.2.2003    -  Copy of Sale Deed executed in favour complainants 2 & 3.

Ex.B3-  8.3.2004   -  Copy of letter from the opposite party to

                               complainant 2 & 3.

 

Ex.B4- 10.9.2004  -  Copy of letter from 2^nd and 3^rd complainant to opp. party.

Ex.B5- 18.9.2004  -  Copy of letter from 2^nd and 3^rd complainant to opp. party.

Ex.B6- 20.9.2004  -  Copy of letter from 1^st complainant to opposite party.

 

 

MEMBER-II                                                                       PRESIDENT.