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
Wednesday, 8th July 2015
CONSUMER COMPLAINT No. 30/ 2015
Sri Shaik Rahamathulla, aged about 53 years,
S/o Sri S. Sahebpeer, H.No. 27/125, Bethal Colony,
Rayachoty, Kadapa District. Pin – 516 269. ….. Complainant.
Vs.
1. The State Govt. of Andhra Pradesh, Rep. by
its Principal Secretary to Govt. Housing Department,
Secretariat Buildings, Hyderabad.
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 30-6-2014 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. 2,08,500/- 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 he applied to the respondents for allotment of developed house at Aananda Nilayam Township at Rayachoty and he was allotted plot No. 99 in Classic category with estimated unit cost of Rs. 18,10,000/-. He has paid advance amount of Rs. 6,02,500/- on 14-5-2012. The respondents have to complete the construction within 18 months but even by December 2013 the contractors not completed the work. The respondents have not completed the construction of building work even after six years. So he requested the respondents authorities to handover his house as is where basis. The corporation has handed over the house to him on 31-12-2013 estimating the semi-finished building at Rs. 3,94,000/- and registered the house in his name on 30-10-2014 but the balance amount of Rs. 2,08,500/- was not refunded him in spite of letters addressed by him. Hence, the complaint for the above relief’s.
3. Respondents 1 & 2 not filed counter. 3rd respondent filed counter denying the allegations regarding maintainability of the complaint, but admitted the complainant was one of the applicant for Aananda Nilayam Township at Rayachoty and he paid amount to the respondents. It is further contended that the complainant defaulted in payment of installments as per terms and conditions of agreement of sale. So the scheme is delayed and stopped and semi finished house was allotted to the complainant as is where is basis condition. However, the corporation has already paid an amount of Rs. 2,08,500/- towards excess amount paid by the customer through cheque bearing No. 309832, dt. 12-5-2012 through this forum. Since, the complainant defaulted in payment of schedule as per terms and conditions of the agreement of sale, the complainant is not entitled for the interest. 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 A5 documents are marked.
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 Aananda Nilayam Township, Rayachoty and he deposited total amount of Rs. 6,02,500/- for classic house. It is further admitted fact that the house was not constructed in time but the semi unfinished building estimated at cost of Rs. 3,94,000/- was handed over to complainant as is where is basis on 31-12-2013.
8. After filling of this complaint the respondents have paid an amount of Rs. 2,08,500/- to the complainant on 12-5-2015 by way of cheque towards amount claimed by the complainant in his complaint. The complainant received the same under under protest stating that he is entitled for interest on par with other people to whom already the respondents have paid. This forum on 12-5-2015 recorded part satisfaction of the claim of the complainant for an amount of Rs. 2,08,500/- 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. 2,08,500/- paid by him to the respondents from 14-5-2012 till 12-5-2015?.
10. The only contention that was raised by respondents is that since the complainant committed default in payment of installments the house could not be constructed in time and handed over to complainant. However, the semi unfinished building was estimated at cost of Rs. 3,94,000/- and the remaining amount of Rs. 2,08,500/- was also paid to the complainant. So the complainant is not entitled for the interest. But the above contention is unsustainable. The payment of default installments have not been proved by the respondents. The respondents have already refunded first installment 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.
11. 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. Moreover, in this case the complainant received semi-finished building as is where is basis, as such the remaining amount of him shall be 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. 2,08,500/- from 14-5-2012 till 12-5-2015 and Rs. 2,000/- towards mental agony and Rs. 1,000/- towards costs. Accordingly, points 1 & 2 are answered in favour of the complainant.
12. Point No. 3. In the result, the complaint is allowed, directing the respondents 1 to 3 jointly and severally to pay interest @ 12% p.a. on Rs. 2,08,500/- from 14-5-2012i.e. date of deposit by the complainant till 12-5-2015 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 1 to 3 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 8th July 2015
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 receipts .
Ex. A3 P/c of my representation dt. 3-11-2014.
Ex. A4 P/c of registration document.
Ex. A5 P/c of legal notice, dt. 12-2-2015.
Exhibits marked on behalf of the Respondents : - NIL
MEMBER PRESIDENT
Copy to :-
1) Sri Shaik Rahamathulla, aged about 53 years,
S/o Sri S. Sahebpeer, H.No. 27/125, Bethal Colony,
Rayachoty, Kadapa District. Pin – 516 269.
2) The State Govt. of Andhra Pradesh, Rep. by
its Principal Secretary to Govt. Housing Department,
Secretariat Buildings, Hyderabad.
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.
