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. 67/ 2015
Smt. P. Radha, W/o P. Suryanarayana Reddy,
aged about 31 years, Hindu, House wife,
Resident plot No. 501-B, B-Block, K.V.R Twin Paradise,
Opp. C.R Foundation, Kondapur,
Hyderabad – 500 079. ….. 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. 5,78,500/- 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 Government of Andhra Pradesh has launched a scheme for allotment of house and house plots in phase – II at Aananda Nilaya Township in Rayachoty by A.P. Rajiv Swagruha Corporation Ltd., represented by O.P.1 through opposite parties 2 & 3. The complainant applied for allotment of house sites by paying Rs. 3,250/- towards application and registration fee on 19-2-2011 to O.P.3. She has also paid an amount of Rs. 5,75,250/- and purchased house site measuring 60 X 40 feet 3 BHK in classic category and O.P.3 executed an agreement of sale on 3-3-2011 in her favour to construct a house in Phase – II. But the opposite parties have not taken up any steps for construction of house in phase – II even though, they received initial amount. She made oral repeated requests either to construct the house in the place allotted to her or return the amount paid by her. But no response from the opposite parties. The complainant vexed with the attitude of corporation. The opposite parties failed to perform their part of contract though the complainant is ready and willing to perform her part of contract. The complainant requested several times to refund the amount to O.P.3 but put a deaf ear. In spite of Govt. issued G.O.Ms. No. 11 (HB-1), Housing department, dt. 22-6-2013 to refund the amount with interest at 12% p.a. where the projects are not taken up by the opposite parties. The opposite parties failed to refund the amount to complainant. Therefore, the complainant filed this complaint for refund of her amount from the opposite parties with interest at 12% and for the above other reliefs.
3. The respondents / opposite parties 1 to 3 filed common counter denying the averments of the complaint regarding the complainant ready for payment of the amounts etc., but they admitted that the complainant has paid registration fee of Rs. 3,000/- along with application cost of Rs. 250/- and also paid Rs. 5,75,000/-on 19-2-2011. It is further averred that 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 as is where is condition and final cost fixed by the corporation. The corporation has not allotted house in favour of the complainant as there is no vacant house available at the time of payment as she has voluntarily paid the amount. Since the applicant voluntarily paid the amount without neither demand notice nor paper publication issued by A.P. Rajiv Swagruha Corporation Ltd., and as there is no vacant house to allot for the applicant, the corporation has offered developed classic plot No. 117 instead of classic house, for which the complainant has not accepted. 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 opposite parties / respondents?
- Whether the complainant is entitled for refund of Rs. 5,78,500/- 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 A3 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 Nos. 1 & 2. It is contended by the complainant that she paid registration fee and application fee of Rs. 3,250/- and the same was accepted by the opposite parties and also received Rs. 5,75,000/- paid by her on 19-2-2011 without objection for allotment of classic house and now they cannot contend that the houses are not available for her and in view of loss occurred by the corporation and house could not be allotted. Therefore, there is deficiency of service on the part of the opposite parties either to allot house or to refund the amount paid by her with interest at 12% p.a. as per Ex. A3 G.O. Therefore, the complainant is entitled for all the reliefs claimed.
8. Per contra it is contended on behalf of opposite parties that the house could not be allotted to complainant as there was no vacancy in the classic category and the corporation offered a developed classic plot to the complainant but the complainant refused to receive the same. Therefore, no deficiency of service on the part of the opposite parties and complainant is not entitled for the reliefs.
9. Ex. A2 is the agreement of sale executed by O.P.3 on 3-3-2011 for allotment of classic house in Aananda Nilaya Township at Rayachoty constructed by the opposite parties. As per terms and conditions of the agreement of sale of Ex. A2 the complainant paid initial amount and the same was accepted by O.P.3 on behalf of the O.Ps.1 & 2. The opposite parties also received registration fee and application fee from the complainant. Therefore, for all practical purposes the complainant is a customer to the opposite parties and after knowing the proposed construction of houses in Aananda Nilaya Township the complainant applied to the opposite parties and the opposite parties allowed application and received registration fee and the initial payment of Rs. 5,75,000/- from the complainant. Now the opposite parties cannot contend that the complainant applied for allotment of classic house without notification and without notice or paid voluntarily on her own accord; such contentions cannot be upheld to avoid the contract as they have already entered in to an agreement under Ex. A2 with complainant by receiving initial payment of Rs. 5,75,000/- for allotment of classis house.
10. The opposite parties clearly admitted in their counter that the corporation has not allotted house in favour of complainant, P. Radha, as there is no vacant house available at the time of payment. If houses are available to allot in favour of complainant the opposite parties should not have been accepted her application and registered the same. Instead they registered her application received an amount of Rs. 5,75,000/- from complainant. Therefore, their contention that the corporation has not allotted house as there was no vacant house at the time of payment cannot stand for legal scrutiny. Even, though a contention was raised by opposite parties that a developed classic plot No. 117 was offered to the complainant and the complainant refused to accept for the same also cannot be upheld as there is no evidence to prove the same. Even if any such offer had been made to the complainant it is for the complainant to accept or reject such an offer and the opposite parties cannot force to accept the classic plot instead of classic house by the complainant.
11. A perusal of Ex. A3 G.O.Ms No. 11 (HB-1), Housing department, dt. 22-6-2013 clearly goes to show that all the registered applicants may be allowed to migrate to other projects in category – 1 & II or be refunded full payment with 12% interest as recommended. Thus G.O. has also not been followed by the opposite parties either to allot a constructed house in Phase-II or to refund the amount of complainant with interest at 12% p.a. After going through the entire material placed on record and considering the pleas put forth by the parties and their arguments, we hold there is deficiency of service on the part of the opposite parties for not refunding the amount of Rs. 5,75,000/- paid by the complainant on demand by him for not allotting the classic house, as such the complainant is entitled for refund of amount of Rs. 5,75,000/- with interest at 12% p.a. from 19-2-2011. However, the complainant is not entitled for return of registration and application fee of Rs. 3,250/-. Accordingly points 1 & 2 are answered in favour of the complainant.
12. Point No. 3. In the result, the complaint is allowed, directing the opposite parties jointly and severally to refund Rs. 5,75,000/- (Rupees Five Lakhs Seventy Five Thousand only) to the complainant with interest at 12% p.a. from 19-2-2011 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 agreement of sale dt. 3-3-2011.
Ex. A3 P/c of G.O.Ms. No. 11, dt. 22-6-2013.
Exhibits marked on behalf of the Respondents : - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Smt. P. Radha, W/o P. Suryanarayana Reddy,
aged about 31 years, Hindu, House wife,
Resident plot No. 501-B, B-Block, K.V.R Twin Paradise,
Opp. C.R Foundation, Kondapur,
Hyderabad – 500 079
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.
