Smt.K.Ratna Laxmi, W/o K.Ananda Rao, Hindu, aged 50 years, C/o K.V. Gangadhara Rao, Kosana Brother, Rajavari Street, Kurapam Market, Visakhapatnam-1. … Complainant
GPR Housing Private Limited, rep.by its Chairman & Managing Director, G.Punna Rao, D.No.30-15-171, Saraswathi Park Junction, Dabagardens, Visakhapatnam.
... Opposite Party
: O R D E R :
1. The Complainant joined as a member in SriKanaka Durga Nagar Group Layout, which is floated by the Opposite Party, on 8-1-1995. The Complainant entered into an agreement with the Opposite Party for the house plot of 200 sq.yards for total consideration of Rs.45,999/- and the Opposite Party issued a pass book to the Complainant. The Complainant paid an amount of Rs.12,000/- for the said plot. The Complainant approached the Opposite Party for getting registration of the said plot in her name by bringing the balance amount, but the Opposite Party postpone the same on some pretext or the other. Hence, the complaint for recovery of Rs.12,000/- with 24% interest, Rs.50,000/- damages, Rs.3,000/- towards compensation besides costs.
2. The Opposite Party remained exparte.
3. The Complainant filed her affidavit and marked Exs.A1 to A4.
4. Perused the complaint and the documents filed by the Complainant. It is an admitted fact that the Complainant paid an amount of Rs.12,000/- to the Opposite Party for the plot of 200 sq.yards to the Opposite Party under Ex.A1 and on the other hand, the Complainant claimed that the Complainant demanded the Opposite Party to register the plot in favour of the Complainant after getting the balance amount and on the other hand the Opposite Party did not register the said plot, nor refund the amount paid by the Complainant. Hence, there is deficiency of service on the part of the Opposite Party in not providing the registration of the house plot or refund of the amount. Hence, the Complainant is entitled to get the refund of Rs.12,000/-. The Complainant claimed interest at 24% per annum. As the tendency of the realtors to dragon the payment for too long periods, it is the opinion of the Forum that an interest rate of 15% will be ideal in such cases to curb the tendency. Taking into circumstances of the case, an interest 15% is awarded from the date of last payment till the date of realization is just and reasonable.
5. In the result, the complaint is allowed, directing the Opposite Party to refund Rs.12,000/- (Rupees Twelve thousand only) with 15% interest from 29-07-1996 till the date of realization and further directed to pay compensation of Rs.1,500/- (Rupees One thousand five hundred only) and Costs of Rs.1,000/- (Rupees One thousand only) towards advocate fee.