2. Kapilavai Vijaya Kumar,
S/o Kasi Rama Rao,
D.No.6-1-27/A, Main Road,
Narasaraopet,
Guntur district. …opposite parties
This Complaint coming up before us for hearing on 29-03-11 in the presence of Sri P. Raja Rao, advocate for complainant and opposite parties 1 and 2 remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-
O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint U/S 12 of the Consumer Protection Act seeking directions to the opposite party to execute a valid registered sale deed inrespect of plot No.16 after receiving the balance installments, Rs.30,000/- for mental agony towards deficiency of service and for costs.
2. In brief the averments of the complaint are these:
The 1st opposite party floated a scheme by issuing brochures to the public at large regarding sale of plots. As per brochure each plot measuring an extent of 60x40. The total amount for each plot was divided into 36 installments @Rs.300/- pm. During 1st installment and last installment each member has to pay Rs.1,000/- and bear the expenses of registration. The complainant joined as a member of the opposite parties at Sl.No.132. The complainant was allotted plot No.16 and paid all 32 installments. The 2nd opposite party issued receipts. Managing partner of the firm namely Rajendra Prasad died and the firm was reconstituted and his son namely Siva Prasad became Managing Partner of OP1. Disputes arose among partners of the 1st opposite party firm. Due to such disputes, the opposite parties did not execute sale deed inspite of notice dated 16-07-09. The complaint therefore be allowed.
3. Opposite parties remained exparte.
4. Exs.A-1 to A-7 were marked on behalf of complainant.
5. Now the points that arose for consideration are:
1. Whether the opposite parties committed deficiency of service?
2. Whether the complaint is entitled for compensation towards deficiency of service?
3. To what relief?
6. POINT No.1:-
Exs.A-6 and A-7 are the offer/invitation to the public at large. Under Ex.A-1 receipt the complainant paid Rs.10,600/-. In Ex.A-7 the details were mentioned as follows:
7. In receipts dated 04-10-86, 09-03-88 plot No.16 was noted. The complainant did not file any allotment letter, if any, issued by the opposite parties. The last installment was paid by the complainant on 07-01-89. But the complainant got issued notice on 16-07-09 only. It is not made known whether the plot are existing or nor for registration after a lapse of more than fifteen years.
8. In FA.No.145/07 dated 23-09-08 in the case of P. Srujana vs Janachaitanya Housing Private Limited represented by its Managing Director and another the Hon’ble A.P. State Commission, Hyderabad confirmed the order of the District Forum in granting relief of the registration of plot.
9. In Narendra Paul Singh vs. Meerut Development Authority (2002 STPL (CL) 50 (NC) the appeal was allowed setting aside the order of the State Commission and the respondent Meerut Development Authority is directed to execute the sale deed.
10. In KV. Padmanabham vs. Secretary, Calicut authority (2007 CTJ 811 (NCDRC) it was held,
“Be that as it may, as already discussed earlier, firstly that as per the terms of the allotment especially, the “Covenant” the petitioner stood insulated/indemnified against any cost increase. It is also not in dispute that the petitioner in consultation with the respondent had deposited the full amount after which as per the terms of brochure and conditions, he was entitled for registration of sale-deed in his favour. This action having been completed in 1994 and not executing sale deed itself is a case of deficiency of service in service on the part of the respondent”.
11. Relying on the above decisions, we are of the view that this Forum has got jurisdiction to grant relief of registration of plot. Non execution of sale deed even after receipt of Ex.A-2 amounted to deficiency of service. Therefore, this point is answered in favour of the complainant.
12. POINT No.2:- In view of the enormous delay in filing the complaint directing the opposite parties to register a plot in favour of the complainant subject to availability will meet the ends of justice.
13. The complainant claimed Rs.30,000/- towards harassment and mental agony. The complainant himself kept quite for a period of 20 years from the date of payment of 33rd installment. Under those circumstances, the complainant is not entitled to any compensation. Therefore, this point is answered in favour of the opposite parties.
14. POINT No.3:- In view of the above discussions, the complaint is allowed partly as indicated below:
1. The complainant is directed to deposit the remaining 3 installments i.e., Rs.900/- being the installments from 33 to 35 together with interest @9% p.a., from 07-01-90, on such deposit the opposite parties are directed to register the plot in the name of the complainant if available.
2. In case if plot is not available for registration the opposite parties are directed to refund Rs.10,600/- together with interest @9% pa., from 08-01-89 till payment.
3. The complainant should verify the availability of plots and inform to the opposite party and his willingness to have a sale deed.
4. The above order shall be complied by the opposite parties within a period of six weeks from the date of receipt of the copy of the order.
Dictated to Junior Steno, transcribed by her, corrected by me and pronounced in the open Forum dated this the 6th day of April, 2011.
Sd/-XXX Sd/-XXX Sd/-XXX
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | - | Original receipts (33) |
A2 | 16-07-09 | Copy of legal notice with postal receipt and acknowledgement. |
A3 | 22-07-09 | Copy of reply notice issued by the 1st opposite party. |
A4 | 06-11-09 | Copy of rejoinder notice issued by the complainant with postal receipt and acknowledgement. |
A5 | 31-12-2000 | Copy of understanding deed |
A6 | - | Brochure of opposite party. |
A7 | - | Brochure of opposite party. |
For opposite parties: NIL
PRESIDENT