Present: 1. Sri. P.K. Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri. M.P. Chandrakumar, Member.
28th day of December 2015
C.C.216/15 filed on 16.4.15
Complainant : Usha.G, D/o. Gopalakrishnan, 843, Krishna House,
Udaya Nagar, Bangalore, Karnataka.
(By Sri. K.M. Smijosh, Advocate,Thrissur-3)
Opposite parties : 1. Santhimadom Builders & Developers,
Corporate Office, Santhimadom Heath Resort
Complex, Puthenpally.P.O, Iringapram, Guruvayur.
Rep. by Chairman Radhakrishnan.
2. Radhakrishnan, Chairman, Santhimadom Builders
& Developers, Thekkenaluvazhi, North Paravur,
Ernakulam Dt.
O R D E R
By Sri.P.K.Sasi, President:
The case of the complainant is that by attracting the advertisement published by the opposite parties the complainant entered into an agreement with the opposite parties constructing a villa for an amount of Rs.25,00,000/- and an amount of Rs.10,00,000/- was paid by the complainant as an advance towards that amount on 23.6.2009. As per that agreement the opposite party has registered a plot No.P-039 in the name of complainant and promised that before 1.6.2010 the opposite party shall hand over a fully furnished villa. As per the request of the opposite parties the complainant had paid Rs.3,00,000/- on 12.5.10, Rs.1,00,000/- on 9.3.2012 and 2,00,000/- on 26.5.2012 altogether Rs.16,00,000/- to the opposite parties. At the time of agreement the opposite parties have promised that they will complete the construction of the villa at Munimada Project in the allotted plot. Whereas when the complainant has gone to that place and made an inspection it was found that nothing has been done by the opposite parties in that plot. When the complainant made an enquiry regarding the project with the nearby area she could understand that the place where the opposite parties proposed to construct the villas includes within the limit of Archeological Survey of India and no construction is possible in that area without the permission of the Archeological Survey of India. It was very well known to the opposite parties much earlier regarding this difficulty and the opposite parties entered into an agreement with the complainant and collected Rs.16,00,000/- from the complainant and committed cheating towards the complainant.
2. On further enquiries the complainant could also understand that the opposite parties were not having any intention to construct any villa in the proposed and allotted plot to the complainant and they were jointly and severally cheating the complainant. Hence they committed utter unfair trade practice as well as deficiency in service towards the complainant. Then the complainant requested the opposite parties to return the amount collected from the complainant, on several occasions directly and through telephonic calls, the opposite parties have not returned any amount to the complainant. Instead of that the opposite parties have promised that they are ready to give 30 cents of plot at Kozhinjampara, Palakkad and Rs.1,00,000/-. By believing the words of opposite parties, for preparing the documents the complainant purchased stamp papers and had approached the opposite parties. However the opposite parties neither registered any plot in the name of complainant nor returned the money so far. Because of the illegal act of the opposite parties the complainant sustained unnecessary severe mental agony, monetary loss as well as heavy hardships. She is entitled to get Rs.16,00,000/- with 6% interest from the opposite parties. Demanding that amount a lawyer notice was issued on 22.1.15 even then no relief is received. Hence this complaint is filed.
3. On receiving the complaint, notice was properly sent to the opposite parties even then they neither appeared before the Forum nor filed any version. Hence they were called absent and set exparte and the case was posted for complainant’s evidence.
4. The complainant was present and filed detailed proof affidavit in which she has affirmed and narrated all the averments stated in the complaint in detail. She has also produced 10 documents which are marked as Exts. P1 to P10. Ext. P1 is the agreement for sale of plot entered between the complainant and opposite parties dated 23.6.2009, Ext. P2 is the receipt given by the opposite parties for receiving Rs.3,00,000/- dated 12.5.2010, Ext. P3 is the receipt given by the opposite parties for accepting Rs.1,00,000/- dated 9.3.2012, Ext. P4 is the copy of account statement received from the Corporation Bank, Ext. P5 is the receipt issued by the opposite parties dated 26.5.12 for receiving Rs.2,00,000/-, Ext. P6 is the copy of lawyer notice issued by the complainant dated 22.1.2015, Ext. P7 is the postal receipts, Ext. P8 series are the returned registered letters (2 in Nos.), Ext. P9 is the receipt given by the opposite parties for Rs.1,00,000/- dated 24.6.2009 and Ext. P10 is the receipt given by the opposite parties for an amount of Rs.9,00,000/- dated 4.8.2009.
5. We have perused the contents of the affidavit as well as the documents submitted by the complainant. Since there is no contra evidence before us we are inclined to accept the affidavit filed by the complainant. The documents would go to show that the complainant has altogether paid Rs.16,00,000/- and receipt was given by the opposite parties by accepting that amount. Ext. P1 agreement would go to show that the complainant was entered into an agreement for constructing a villa with the opposite parties and the opposite parties agreed to construct the villa before 1.6.2010.
6. Considering the points discussed hereinabove we allow this complaint and the opposite parties are directed to return Rs.16,00,000/- (Rupees sixteen lakh only) with interest at the rate of 6% per annum from 26.5.2012 till realization along with Rs.1,00,000/- (Rupees one lakh only) as compensation and cost for deficiency in service as well as unfair trade practice committed by the opposite parties to the complainant, within one month from receiving the copy of this order, failing which the complainant is entitled to get interest at the rate of 12% till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 28th day of December 2015.
(Sd) (Sd) (Sd)
M.P. Chandrakumar Sheena.V.V P.K. Sasi
Member Member President
Appendix
Complainant’s Exhibits:
Ext. P1: Agreement for sale of plot dated 23.6.2009.
Ext. P2: Receipt for Rs.3,00,000/- dated 12.5.2010.
Ext. P3: Receipt for Rs.1,00,000/- dated 9.3.2012.
Ext. P4: Copy of account statement received from the Corporation Bank. Ext. P5: Receipt dated 26.5.12 for Rs.2,00,000/-.
Ext. P6: Copy of lawyer notice issued by the complainant dated 22.1.2015. Ext. P7: Postal receipts.
Ext. P8 series: Unclaimed registered letters (2 in Nos.).
Ext. P9: Receipt for Rs.1,00,000/- dated 24.6.2009.
Ext. P10: Receipt for an amount of Rs.9,00,000/- dated 4.8.2009.
(Id)
President
