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, MEMMBER
Thursday, 1st October 2015
CONSUMER COMPLAINT No. 46/ 2015
Sri Ratala Venkata Ramana, aged about 42 years,
S/o R. Narayana Swamy,
D.No. 4/241-3, Dorasani Palli (V & P), Proddatur (M),
Kadapa District – 516 360. ….. Complainant.
Vs.
1. The Managing Director, A.P. Rajiv Swagruha Corporation Ltd.,
7th 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 21-9-2015 in the presence of complainant as in person and respondents also appeared as in person 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. 2,13,520/- with interest @ 15% p.a. from the date of payment and also pay Rs. 10,000/- towards compensation for mental agony and Rs. 2,000/- towards court expenses.
2. The averments of the complaint in brevity are that the complainant has paid (Rs. 70,310/- on 29-11-2013 by way of demand draft bearing No. 074734 towards first installment, Rs. 70,105 on 16-01-2014 towards 2nd installment and Rs. 70,105/- on 25-2-2014 towards 3rd installment) totaling Rs. 2,13,520/- i.e. application and registration fee to the respondents for allotment of plot (house site) at Bramha Nilaya Township, Proddatur towards first installment of ¾ of cost of the plot. 2nd respondent told him that the land owners approached Hon’ble High Court and obtained stay orders on 28-2-2014 and stay could not be vacated even after 10 to 11 months. In spite of several requests by the complainant to refund the amount paid by him and registration fee of Rs. 3,000/- and addressing letters dt. 5-9-2014 the respondents not refunded the amount. Hence, the complaint for the above reliefs.
3. Respondents filed common counter admitting that the complainant paid 1st installment amount and also registration fee etc., and stay of the High Court as pleaded by the complainant, but denied other allegations and contended that since, land owners approached the Hon’ble High Court and the stay could not be vacated, plots could not be allotted. However, the corporation already paid an amount of Rs. 2,10,300/- to the complainant towards installments amount through cheque bearing No. 325394 dt, 06-7-2015 through this forum after filing this complaint. As per terms and conditions of the notification of allotment of plot, if any applicant withdrawn from the scheme 10% of the tentative cost of the plot will be forfeited. Hence, the complaint is liable to be dismissed.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is deficiency of service on the part of the respondents as claimed by the complainant?
- Whether the complainant is entitled for the relief as prayed against the respondents?
- 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 marked on behalf of the respondents.
6. Heard and perused the 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 Nilaya Township, Proddatur and he deposited total amount of Rs. 2,13,520/- i.e. Rs. 70,310/- + Rs. 70,105/- + Rs. 70,105/- three installments + Registration fee of Rs. 3,000/-.
8. After filing of this complaint the respondents paid an amount of Rs. 2,10,300/- (Rupees Two Lakhs Ten Thousand and three hundred Only) on 6-7-2015 to the complainant by way of cheque towards amount claimed by the complainant in his complaint. The complainant received the same under protest stating that he is entitled for interest on par with other people to whom already the respondents have paid. This forum on 6-7-2015 recorded part satisfaction of the claim of the complainant for an amount of Rs. 2,10,300/- on the memo filed by the parties.
9. Now the only point for consideration is whether the complainant is entitled for interest on the amount of Rs. 2,10,300/- paid by him to the respondents?.
10. The only contention that was raised by the respondents is that the plot could not be allotted to the complainant as there was land owners dispute and they got stay from the Hon’ble High Court. The above contention is unsustainable. Even the land owners approached High Court and obtained stay the same is nothing to do with the complainant who paid the amount to the respondents to pay interest on his amount. The respondents have already refunded the installments amount paid by some of the applicants with interest in C.C. Nos. 6/2015, 7/2015, 8/2015, 9/2015, 10/2015, 11/2015, 12/2015, and 27/2015 filed in this forum. Therefore, the complainant in this case is also entitled for refund of his amount with interest on par with other applicants who are refunded with interest. Viewed in this angle there is deficiency of service on the part of the respondents for not refunding the amount with interest to the complainant. Hence, we hold that the complainant is entitled for interest at 12% p.a. on Rs. 2,10,300/- from the date of payment by him i.e. 25-2-2014 till 6-7-2015 and some amount for mental agony and costs. The complainant is not entitled for refund of cost of application and registration fee, as they are nonrefundable. Accordingly, points 1 & 2 are answered in favour of the complainant.
11. Point No. 3. In the result, the complaint is allowed, directing the respondents to pay interest @ 12% p.a. on Rs. 2,10,300/- (Rupees Two Lakhs Ten Thousand Three Hundred Only) from 25-2-2014 i.e. the date of deposit by the complainant till 6-7-2015 and 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 to the complainant. The respondents shall pay the above amounts within 45 days from the date of receipt of this order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 1st October 2015
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of receipts Rs. 70,310/-, dt. 29-11-2013, Rs. 70,105/-,
dt. 16-1-2014 and Rs. 70,105/-, dt. 25-2-2014 along with D.D
Ex. A2 P/c of affidavit filed by the complainant dt. 2-12-2013.
Ex. A3 P/c of letter issued to the complainant 26-12-2013.
Ex. A4 P/c of representation dt. 5-9-2014.
Exhibits marked on behalf of the Respondents : - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri Ratala Venkata Ramana, aged about 42 years,
S/o R. Narayana Swamy,
D.No. 4/241-3, Dorasani Palli (V & P), Proddatur (M),
Kadapa District – 516 360
2) The Managing Director, A.P. Rajiv Swagruha Corporation
Ltd., 7th Floor, Gagan Vihar Apartments, M.J. Road,
Nampally, Hyderabad, Pin – 500 001.
3) The General Manager, A.P. Rajiv Swagruha Corporation
Ltd., D.No. 6/700-1, Bharath Scouts & Guides,
Sankarapuram, YSR Kadapa, Pin – 516 001.
B.V.P.
