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

Tuesday, 27^th October 2015

CONSUMER COMPLAINT No.  57/ 2015

T. Gopala Krishna, S/o Late T. Subbanna,

D.No. 5/569-E-Up Stairs, Vinayakanagar Street,

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 12-10-2015 in the presence of complainant in person and 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 c       alled as C.P. Act) praying this forum to direct the respondents to refund an amount of Rs. 1,43,200/- 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 costs of the complaint.

2.                The averments of the complaint in brevity are that the complainant applied for allotment of house site at A.P. Rajiv Swagruha Corporation Limited, Proddatur project and paid an amount of Rs. 3,000/- and allotted an application.  Regarding allotment of Semi Developed plot (house site) at Brahma Nilya Town ship at Proddatur by respondents the complainant has paid Rs. 70,100/- on 26-11-2013 vide Cheque bearing No. 516262 towards first installment and Rs. 70,100/- on 25-1-2014 vide Cheque bearing No. 516265 towards 2^nd installment.  Thus totally paid                        Rs. 1,43,200/- to the respondents.  He was prepared to pay the last installment but the 2^nd respondent informed to him that some of the erstwhile land owners of the township approached the Hon’ble High Court and Hon’ble High Court issued stay orders on                 28-2-2014 and the stay could not be vacated, even after laps of 1 year 3 months.  R2 could not informed about the stage of the payment of remaining installments. The complainant approached 2^nd respondent several times and finally requested by way of letter dt. 11-3-2015 and also another letter dt. 23-5-2015 to refund installments amount. 2^nd respondent addressed a letter to the 1^st respondent to accord sanction to refund installments paid by the customers.  However, the 1^st respondent has not accord sanction for refund of his amount.  The 2^nd respondent also not refunded the amount inspite of his requests.  Hence, this complaint for the above reliefs. 

3.                Respondents 1 & 2 filed common counter admitting the complainant applied for house site at Bramha Nilayam Township at Proddatur under the scheme and paid Rs. 1,40,200/- vide Cheque bearing No. 516262 for Rs. 70,100/- dt. 26-11-2013 and Cheque bearing No. 5162165, dt. 25-1-2014 respectively and also registration fee of Rs. 3,000/-.   It is further contended that the respondents acquired land an extent of Ac. 52.75 cents with consent award under section 11 (2) of the old land acquisition act and taken up advance possession of the land from the Revenue Department on                13-11-2008.  After allotment some of the customers withdrawn and requested to take back their installments and thus caused huge loss to the corporation. The corporation has also constructed compound wall  and incurred expenses. During the customer meet on 3-8-2013 by the 1^st respondent the customers of Proddatur expressed that they are willing to take plots at lower costs with limited developments.  Based on this the corporation revised the offer and proposed limited development and offered 293 number of plots had no profit and had no loss basis and out of 488 customers 90 number of customers come forward and paid 1/4^th on tentative cost for the plots by   30-11-2013.  At this stage the land owners approached the Hon’ble High Court of A.P. and obtained interim orders in W.P.M.P. No. 7094/2014 in W.P. No. 5705/2014 on                 28-2-2014 when the writ petition is pending.  Therefore, the complaint is liable to be dismissed, as the complaint is not maintainable.  

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

1. Whether there is deficiency of service on the part of the respondents as claimed by the complainant?
2. Whether the complainant is entitled for the reliefs as prayed against the respondents?
3. 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.     

6.                Heard arguments on both sides.

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. 1,43,200/- in two installments plus registration fee by 25-01-2014. 

8.                It is contended by the complainant that inspite of paid two installments the respondents have not allotted the plot nor refunded the amount as they could not allotted the plot.   It is further contended that the respondents refunded the amount to some of the customers with interest but refused to refund the amount to him.   Thus there is deficiency of service on the part of the respondents. 

9.                It is contended by the 2^nd respondent that in view of Writ petition is pending they could not allot plot or refund the amount. 

10.              There is force in the contention of complainant in this case to hold the respondents have refunded the amount to some of the customers who applied for the plots and failed to refund the amount of complainant.  The respondents refunded the installment amount paid by 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.    But the respondents failed to refund the amount of the complainant which was paid by him in two installments by way of cheques.  In the above C.C Nos. 6/2015 to 12/2015 and 27/2015 inspite of writ petition is pending the respondents refunded the amount deposited by the complainants in those cases.   Thus the contention of the respondents since the Writ petition was pending and plot could not be allotted or amount could not be refunded cannot be sustained.   Even the land owners approached the Hon’ble High Court and obtained stay orders the same is nothing to do with the complainant, who paid the amount to the respondents to get refund of amount with interest. The complainant in this case is entitled for refund of his amount with interest on par with other applicants who are refunded with interest by the respondents.  Viewed in this angle we hold that there is deficiency of service on the part of the respondents for not refunding the amount with interest to the complainant.  Hence, the complainant is entitled for refund of amount of Rs. 1,40,200/- with interest at 12% p.a from the date of payment i.e. Rs. 70,100/- on 26-11-2013 and Rs. 70,100/- on 25-1-2014 till realization and Rs. 3,000/- for mental agony and Rs. 1,000/- for costs. However, the complainant is not entitled for refund of registration fee and application fee which are non-refundable.  Accordingly, points 1 & 2 are answered in favour of the complainant.

10.              Point No. 3. In the result, the complaint is allowed, directing the respondents to refund Rs. 1,40,200/- (Rupees One Lakh Forty Thousand Two Hundred Only) i.e. Rs. 70,100/- with interest @ 12% p.a. from 26-11-2013 and Rs. 70,100/-  with interest @ 12% p.a. from 25-1-2014 i.e. date of deposits by the complainant 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 respondents shall pay the above amount within 45 days from the date of receipt of this order.

                   Dictated to the Stenographer, typed by the Stenographer, corrected and pronounced by us in the open forum, this the 27^th 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 RSCL application data form.

Ex. A2         P/c of payment receipt.  

Ex. A3                   P/c of letter issued to the complainant 25-10-2013.

Ex. A4                   P/c of representation dt. 11-3-2015 & 23-5-2015.

Exhibits marked on behalf of the Respondents : -   NIL

MEMBER                                  MEMBER                                        PRESIDENT

Copy to :-

 1)  T. Gopala Krishna, S/o Late T. Subbanna,

      D.No. 5/569-E-Up Stairs, Vinayakanagar Street,

      Proddatur Post, Kadapa District  516 360

2)  The Managing Director, A.P. Rajiv Swagruha Corporation

      Ltd., 7^th 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.