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
Wednesday, 30th September 2015
CONSUMER COMPLAINT No. 56/ 2015
Sri S.K. Narasimhulu, aged about 50 years,
S/o Sri S. Pedda Narasimhulu, H.No. 41/101-C-40,
Vinayaka Street, Bose Nagar,
Rayacoty, Kadapa, Pin – 516269. ….. Complainant.
Vs.
1. The State Govt. of Andhra Pradesh, Rep. by its
Principal Secretary to Govt. Housing Department,
A.P. Secretariat Buildings, L Block, Room No. 113,
Hyderabad – 01.
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. ….. opposite parties / Respondents.
This complaint coming for final hearing on 21-9-2015 in the presence of complainant in person and opposite parties / respondents also appeared 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. 52,500/- with interest @ 12% p.a. 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 opposite party No. 1 has launched a scheme for allotment of house and house plots in phase – 1 B at Aananda Nilaya Township at Rayachoty by A.P. Rajiv Swagruha Corporation Ltd., represented by opposite parties 1 to 3. The complainant purchased house site measuring 50 X 36 feet 2 B HK in intrinsic category in S.No. 1302, 1303, 1304 and 1305 by way of agreement sale deed dt. 26-5-2011 executed by opposite party No. 2 on behalf of corporation. He paid an amount of Rs. 3,250/- towards application and registration fee to O.P.3. He paid an amount of Rs. 4,52,500/-to the opposite parties. Thus in all he paid Rs. 4,55,750/- and all the terms and conditions are incorporated in the agreement of sale dt. 26-5-2011. After receiving the amount from him O.P.2 has not taken any steps to construct house in Phase – 1B. He made several demands for house. But the General Manager A.P. Rajiv Swagruha Corporation Ltd., i.e. O.P3 allotted open developed plot No. 145 in intrinsic category for a cost of Rs. 4,00,000/- (Rupees four lakhs only) only. The said open developed plot No. 145 was registered by the corporation vide sale deed No. 3105, dt. 21-7-2014. He paid excess amount of Rs. 52,500/- to the corporation and he requested O.P.3 to refund excess amount paid by him on 21-7-2014 but O.P.3 has not refunded the amount of Rs. 52,500/-. The Govt. of Andhra Pradesh has also issued GOMS No. 11, dt. 22-6-2013 and directed the corporation to refund the advance paid with interest at 12% to the registered applicants where the projects are not yet taken up. Thus the respondents / opposite parties are liable to refund excess amount of Rs. 52,500/- paid by him with interest at 12% p.a. Hence, the complaint for the above reliefs.
3. The respondents / opposite parties 1 to 3 filed common counter admitting that the complainant applied for Aananda Nilaya Township at Rayachoty and he has paid registration fee of Rs. 3,000/- along with application cost of Rs. 250/-. A.P. Rajiv Swagruha Corporation Ltd., taken up housing scheme for 480 houses (classic – 23, Intrinsic – 86, Basic – 272, Civic – 99) and proposed tentative cost for classic, intrinsic, basic and civic houses are Rs. 23,00,000/-, Rs. 18,10,000/-, Rs. 11,20,000/- and Rs. 6,70,000/- respectively and informed the customers for allotment of house on initial deposit of 25% on tentative cost and the balance 75% payment schedule informed as 30% of unit cost on grounding the project. 18.75% of unit cost at basement level, 18.75% of unit cost at roof level and 7.5% of unit cost at finishing stage. The complainant is defaulted in payment of installments amount as per payment schedule on tentative cost, as per agreement of sale. Hence, the scheme is badly delayed and stopped and handed over semi-finished house in as is where is condition and final cost fixed by the corporation. The open plots are handed over and registered to the customers as per willing. The scheme is reduced to the extent of firm demand only. The corporation has taken up houses with developmental works such as Roads, water supply and External electrification etc., and spent huge amounts to the contractors and government departments. In view of the customers withdrawn from the middle of the scheme causing huge loss to the corporation and delay in handed over the houses to the regular payment customers. The averments of the complaint are all false. Hence, the complaint is liable to be dismissed.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is defaulted in payment of the amount as per agreement of sale to the opposite parties?
- Whether there is deficiency of service on the part of the opposite parties / respondents?
- Whether the complainant is entitled for refund of Rs. 52,500/- with interest as prayed by the complainant?
- 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 opposite parties / respondents.
6. Heard arguments on both side and considered written arguments filed by the complainant.
7. Point No. 1. A contention has been raised by the opposite parties that the complainant committed default in payment of the amount as per agreement of sale to allot house therefore, the house could not be allotted. The complainant contended that the opposite parties failed to construct the house and allot to him as per agreement of sale, but allotted open developed plot for Rs. 4,00,000/-. There was no default on his part for payment of schedule for allotting house.
To prove that the complainant committed default in payment of the amount for allotting house the opposite parties have not filed any record to show that the complainant failed to pay the amounts as demanded by them. There is no demand even from the opposite parties to the complainant to pay the amounts for allotting house in phase – 1B. If, such is the case it cannot be said that the complainant committed default in payment for the house to be allotted to him by the opposite parties. If at all any houses are constructed by the opposite parties and allotted to complainant they would have issued a notice or demanded to pay the installments in phase wise by the complainant. No such effort was put by the opposite parties. Hence, we held that the complainant has not committed default in payment of the amount as per agreement of sale to the opposite parties. On the other hand the complainant accepted to receive the open developed plot offered by the opposite parties, in failure of allotment of constructed house. Accordingly, point No. 1 is answered in favour of the complainant.
8. Point Nos. 2 & 3. The complainant in this case applied for allotment of constructed house in Aananda Nilaya Township in phase – 1 B. But the opposite parties failed to construct house and allot the same to the complainant even though he was prepared to pay the amount as per schedule fixed by the opposite parties, instead the opposite parties allotted plot No. 145 in intrinsic category which is open developed plot for cost of Rs. 4,00,000/-. The complainant had already paid Rs. 4,52,500/- to the opposite parties for allotment of house but he was allotted open developed house plot No. 145 in intrinsic category for Rs. 4,00,000/- vide sale deed No. 3105, dt. 21-7-2014 executed by the opposite parties. The sale deed is marked as Ex. A4. As seen from Ex. A4 sale deed the cost of plot is Rs. 4,00,000/- only. The complainant paid Rs. 4,52,500/- to the opposite parties. If Rs. 4,00,000/- is deducted from Rs. 4,53000/- the balance of Rs. 52,500/- is with the opposite parties and the said amount belongs to the complainant. The said amount of Rs. 52,500/- has to be refunded to the complainant by the opposite parties but in spite of demands the opposite parties failed to refund the amount of Rs. 52,500/- paid by the complainant to him. Therefore, there is clear deficiency of service on the part of the opposite parties for not allotting the constructed house to the complainant and refund of Rs. 52,500/- to him. Hence, we hold that the complainant is entitled for refund of Rs. 52,500/- from the opposite parties with interest at 12% p.a. to him. Accordingly, the points 2 & 3 are answered in favour of the complainant.
9. Point No. 4. In the result, the complaint is allowed, directing the opposite parties jointly and severally to refund Rs. 52,500/- (Rupees Fifty two Thousand Five hundred only) to the complainant with interest at 12% p.a. from 21-7-2014 till realization and shall also pay Rs. 3,000/- (Rupees three thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint to the complainant. The opposite parties 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 30th September 2015
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of application data sheet.
Ex. A2 P/c of payment receipt
Ex. A3 P/c of representation dt. 21-7-2014.
Ex. A4 P/c of registration document.
Exhibits marked on behalf of the Respondents : - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri S.K. Narasimhulu, aged about 50 years,
S/o Sri S. Pedda Narasimhulu, H.No. 41/101-C-40,
Vinayaka Street, Bose Nagar,
Rayacoty, Kadapa, Pin – 516269
2) The State Govt. of Andhra Pradesh, Rep. by its
Principal Secretary to Govt. Housing Department,
A.P. Secretariat Buildings, L Block, Room No. 113,
Hyderabad – 01.
3) The Managing Director, A.P. Rajiv Swagruha Corporation
Ltd., 7th Floor, Gagan Vihar Apartments, M.J. Road,
Nampally, Hyderabad, Pin – 500 001.
4) 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.
