BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

      SMT. K. SIREESHA, B.L., LADY MEMBER

                                                                               SRI M.V.R. SHARMA, MEMBER

Monday, 18^th July 2016

CONSUMER COMPLAINT No.  16/ 2016

Sri Bayaragani Jayaramudu, S/o Bayaragani Gurappa,

5/1697-3, Kummara Kottala, Proddatur Post,

Kadapa District. 516 360.                                                 ….. Complainant.

Vs.

1.  The Managing Director, A.P. Rajiv Swagruha Corporation Ltd.,

     7^th Floor, Gagan Vihar Apartments, M.J. Road, Nampally,

     Hyderabad, Pin – 500 001.   

2.  The General Manager, A.P. Rajiv Swagruha Corporation Ltd.,

     D.No. 6/700-1, Bharath Scouts & Guides, Sankarapuram,

     YSR Kadapa, Pin – 516 001.                                           …..  Respondents.

This complaint coming for final hearing on 13-7-2016 in the presence of complainant as in person and Sri P.V.Ramana Reddy, Advocate for Respondents and  upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per V.C. Gunnaiah, President),

1.             The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the respondents to refund an amount of Rs. 1,40,200/- with interest @ 24% p.a. from the date of payment, pay Rs. 10,000/- towards compensation for mental agony and Rs. 2,000/- towards costs of the complaint.

2.             The averments of the complaint in brevity are that the complainant had paid Rs. 3,000/- towards registration fee for allotment of site at Rajiv Swagruha, Proddatur project and he was allotted application No. 1014000587.  Regarding semi developed plots at Brahma Nilya Township at Proddatur by respondents corporation, he paid Rs. 70,100/- on 27-11-2013 vide D.D.No. 074637 towards first installment and Rs. 70,100/- on 21-1-2014 vide D.D.No. 076012 towards second installment, thus paid totaling Rs. 1,40,200/- towards 1/4^th of the cost of the plot.   Thereafter, when he prepared to pay other installments R2 informed him that the land owners of the Proddatur Township project approached Hon’ble High Court and obtained stay orders on 28-2-2014.  R2 also informed that stay was not vacated even after 16 to 17 months.  The Respondents failed to inform about the stage for payment of remaining installments.  He approached the Respondents for refund of his installment amount totaling Rs. 1,40,200/- by way of letters dt. 12-5-2015 and 2-6-2015, but failed to get back his amount from the Respondents.  Hence, filed this complaint  for refund of amount and other reliefs.

3.             The Respondents 1 & 2 filed common counter denying the allegations as pleaded by the Complainant however, admitted paying of                      Rs. 1,40,200/- towards installments by the Complainant.  It is further contended that the Complainant is willful defaulter, he did not pay the installments regularly though he was intimated for payment of rest of the amount.  He voluntarily stated that he is not interested to purchase the plot and become member.  Therefore, the Complainant is waiver of the installment amounts.  As  the Complainant did not come forward to pay to continue the installments regularly the Complainant is not entitled to refund of the advance amount of     Rs. 1,40,200/- with interest and the complaint is liable to be dismissed. 

4.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether the Complainant is entitled for refund of his amount as well as the amount claimed for mental agony and costs?
2. To what relief?

5.             No oral evidence has been let in by the parties.  But  on behalf of the complainant  Exs. A1 to A4 documents are marked.  No documents are marked on behalf of the Respondents.      

6.             Heard arguments on both sides and perused the material on record.   

7.             Point Nos. 1 & 2. There is no dispute between the parties that the Complainant is one of the applicant for the plot offered by the Respondents at Bramha Nilya Town ship, Proddatur and he deposited Rs. 70,100/- on 27-11-2013 and Rs. 70,100/- on 21-1-2014 by way of two Demand drafts thus total Rs. 1,40,200/- for allotment of plot in Bramha Nilaya Town ship Proddatur by Respondents.  A perusal of Ex. A1, A2 and A4 filed by Complainant proved the same.  According to the Complainant the Respondents informed that there is dispute by land owners of the proposed Bramha Nilya Town ship and they obtained stay from the Hon’ble High Court of Andhra Pradesh on 28-2-2014 and though he was prepared to pay the installments the Respondent not intimated the stage of the case and not received the same.  So he wanted to get refund of his amount as there was no chance of stay vacated and allotting the plot by Respondents.  He gave representation under Ex. A3 on 13-3-2015 and 17-11-2015 for refund of his amount of Rs. 1,40,200/-.  But the Respondents have not returned the amount. 

8.             Though the Respondents contended that in spite of intimated to the Complainant for payment of later installments, the Complainant intentionally not paid the amount and voluntarily withdrawn from membership and waived the advance amount paid for the plot.   The Complainant denied the same. To prove the above aspect the Respondents have not placed any evidence regarding intimation for payment of later installments by the Complainant and that he waived the membership and advance amount.  No notice whatever has been issued to the Complainant by Respondents.  Therefore, it cannot be believed that the Respondents intimated regarding payment of balance installments by Complainant and he refused to pay the same or voluntarily withdrawn from membership and waived to claim the advance amount paid by him at                        Rs. 1,40,200/- by way of two Demand Drafts towards allotment of plot. Since the Respondents failed to allot plot in spite of requests by the Complainant and there is no hope that the Respondents would allot plot to the Complainant in future as the project itself is not worked out by them, we hold that the Complainant is entitled for refund of Rs. 1,40,200/- paid by him under two demand drafts with interest from the date of payments and also some amount for mental agony and costs.  Accordingly, point is answered in favour of the Complainant. 

9.             Point No. 3. In the result the complaint is allowed, directing the Respondents to refund Rs. 70,100/- (Rupees seventy thousand one hundred only) with interest @ 12% p.a. from 27-11-2013 and Rs. 70,100/- (Rupees seventy thousand one hundred only) with interest @ 12% p.a. from 21-1-2014 till realization.  The Respondents shall also pay Rs. 2,000/- (Rupees two thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint.  The Respondents shall pay the above amounts within 45 days from the date of receipt this order. 

          Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 18^th July 2016

MEMBER                                 MEMBER                                    PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant:         NIL                                For Respondents :     NIL

Exhibits marked for Complainant  : -  

Ex. A1       Photo copies of payment receipts for Rs. 70,100/- dt.

28-11-2013 and Rs. 70,100/- dt. 21-1-2014.

Ex. A2       P/c of application data sheet 30-11-2013.

Ex. A3       P/c of Complainant representation dt. 13-3-2015 and

17-11-2015.

Ex. A4       P/c of sale agreement, dt. 27-11-2013.

Exhibits marked on behalf of the Respondents : -      

MEMBER                                          MEMBER                                     PRESIDENT

Copy to :-

1. Sri Bayaragani Jayaramudu, S/o Bayaragani Gurappa,

                               5/1697-3, Kummara Kottala, Proddatur Post,

     Kadapa District. 516 360

2)  Sri P.V. Ramana Reddy, Advocate for Respondents.

B.V.P.