Smt. Gurapa Kamala Umamaheswari, W/o Gurunadha Rao, Hindu, aged years, Housewife, R/o HIG – 68, APHB Colony, Last Bus Stop, Pothinamallayyapalem, Visakhapatnam … Complainant.

1. GPR Housing Pvt. Ltd., rep. by its Managing Director, H.O. 6-9-28, Arundelpet, Guntur - 2.

2. GPR Housing Pvt. Ltd., rep. by its Managing Director, having its regional office situated at 47-10-33/4, Near Diamond Park, Dwarakanagar, Visakhapatnam.

… Opposite parties

: O R D E R :

a) To register the plot, in the event of failure,

b) To pay Rs.36,200/- with interest @ 24% p.a.,

c) To pay Rs.5,00,000/- towards compensation and

d) To pay costs.

In brief the case of the complainants is:

1. That she joined in Sri Kanaka Durga Nagar layout of the opposite party with a view to purchase house site. The complainant started making payment from 08-02-1995, the sale consideration on installment. That the opposite party issued pass book No.27.

The complainant in all paid Rs.36,200/- as on 03-09-1998. That the complainant approached the opposite parties for registration, but the opposite parties did not respond. Inspite of legal notice got issued by the complainant, the opposite parties failed to refund the amount paid. That there is deficiency of service, as a result of which complainant was put to lot of mental agony.

2. Notice sent to opposite parties. The notice sent to 1st opposite party is returned unserved and notice sent to 2nd opposite party is served. Sri. D.N. Murthy filed vakalat in the IA.23/2009, but failed to file continuation memo in the CC inspite of provided with sufficient time and opportunity. Hence set exparte.

3. Ex.A.1 to Ex.A.5 are marked for the complainant. Heard complainant. The point that arises for consideration is whether there is deficiency of service?

4. Ex.A.1 is the pass book standing in the name of the complainant. Ex.A.1 is original pass books issued by the opposite party. Ex.A.1 reveals that the complainant has paid a sum of Rs.36,200/- under pass book as on 03-09-1998. Thus it is clear that the opposite parties having floated the scheme, received substantial amounts from the complainant but failed to obtain necessary approvals from the competent authorities though the installments were collected from the year 1995. These circumstances are proof positive that there is deficiency in service.

Direction for registration of the plot cannot be given as there are no approvals from the competent authorities. As the tendency of the realtors to dragon the payment for too long period, it is the opinion of the Forum that an interest rate @ 15% will be ideal in such case to curb the tendency. However taking into consideration of the circumstances of the case and interest @ 9% is being awarded for the payment of the principle amount Rs.36,200/- along with accrued interest within three months from the date of this order, failing which the interest liability will be 15% from 03-09-1998 the date of realization would be just and proper. Accordingly this point is answered.

5. In the result, complaint is allowed, directing the opposite party to pay Rs.36,200/- along with interest @ 9% p.a., from 03-09-1998 till realization within three months from the date of this order, failing which at the rate of 15% from 03-09-1998 till payment. Opposite party is further directed to pay Rs.3,000/- towards compensation and Rs.1,000/- towards costs.