BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AT HYDERABAD.
FA 1185 of 2009 against C.C. 811/2008, Dist. Forum-I, Hyderabad
Between:
P. Suma, D/o. P. Raghu Kumar
Age: 29 years, Pvt. Employee
Flat No. 410, E- Block
Landmark Residency,
Madinaguda, Miyapur
Hyderabad-500 049. *** Appellant/
Complainant.
And
M/s. VVR Housing Pvt. Ltd.
Rep. by its Chairman & Managing Director
Dr. V. Vasudeva Rao,
Regd. Office at Flat No. 206 & 211
IInd Floor, Pavani Prestige
Ameerpet, Hyderabad-16. *** Respondent/
Opposite Party.
Counsel for the Appellant: Dr. A. Raghu Kumar
Counsel for the Respondent: M/s. T. Koteshwara Prasad
CORAM:
HON’BLE SRI JUSTICE D. APPA RAO, PRESIDENT
SMT. M. SHREESHA, MEMBER
&
SRI R. L. NARASIMHA RAO, MEMBER
MONDAY, THIS THE EIGTH DAY OF AUGUST TWO THOUSAND ELVEN
ORAL ORDER: (Per Hon’ble Sri Justice D. Appa Rao, President.)
***
1) Appellant is unsuccessful complainant.
2) The case of the complainant in brief is that in the venture ‘Shamshabad Airport Paradise’ floated by the respondent a real estate company she joined as a member by initially paying an amount of Rs. 500/- on 28.10.2007 for booking a plot. Believing the promises made by Sri V. R. Janardhan Rao, Asst. General Manager in regard to the project she further paid Rs. 1,50,000/- on 31.10.2007, on which plot bearing No. 443 admeasuring 278 sq.yds was allotted along with pass book evident from letter dt. 10.12.2007. Despite her several e-mails and personal calls they did not confirm that they would provide compound wall, and life long security etc. Despite her repeated requests link documents were not provided. Instead of submitting those documents it was putting the blame on her alleging that she was not having sufficient finances. Therefore alleging unfair trade practise she filed the complaint to provide link documents, execute agreement of sale providing conditions for life long security, compound wall etc., and further pay Rs. 1 lakh towards compensation and costs.
3) The respondent resisted the case. While admitting payment of Rs. 500/- for booking a plot and later Rs. 1,50,000/- towards advance on 31.10.2007 it denied that the Asst. General Manager promised to provide link documents, execute agreement of sale providing conditions for security, compound wall etc. It has been advising the complainant to come over to office to verify the link documents, and then go for registration after paying balance of sale consideration. It never agreed to provide life time security. It had sent a letter dt. 10.12.2007 to pay balance of sale consideration for registering the plot of the complainant. She was evading to take the sale deed. There was no deficiency of service on its part. As against sale consideration of Rs. 3,19,000/- an amount of Rs. 1,50,000/- was only paid. In fact basing on the agreement balance should be paid in one go. The price was reduced from Rs. 1400/- to Rs. 1150/- per sq.yd giving a benefit of Rs. 69,500/-. These terms and conditions are made a mention in the pass book as well as in the brochure etc. It was ever ready to supply link documents pertaining to the plot, and ready to execute registered sale deed on payment of balance of sale consideration. The relief seeking for execution of agreement of sale, providing for life time security, compound wall etc., even before registration is untenable, and therefore prayed for dismissal of the complaint with costs.
4) The complainant in proof of her case filed her affidavit evidence and got Exs. A1 to A13 marked while the respondent filed the affidavit evidence of its Chairman & Managing Director reiterating the facts mentioned in the counter.
5) The Dist. Forum after considering the evidence placed on record opined that the respondent is always ready and willing to execute registered sale deed provided the complainant pays balance of sale consideration. Insisting first provide compound wall, life long security and other developments even without payment of balance of sale consideration will not arise. There was no deficiency in service on the part of respondent, and therefore dismissed the complaint.
6) Aggrieved by the said decision, the complainant preferred the appeal contending that the Dist. Forum did not appreciate either facts or law in correct perspective. It ought to have seen that she was induced to purchase the plot assuring that it would provide compound wall, life long security etc. and also furnish clear title deeds vide Ex. A1 & A7. Agreement of sale is a condition precedent to execute the sale deed. Without developing the property it intends to collect the entire amount by way of consideration. It was adopting evading tactics. It is unwarranted to advise to her to go for sale deed in stead for an agreement of sale. Therefore she prayed that the complaint be allowed and direct the respondent to provide link documents, execute agreement of sale, and pay Rs. 1 lakhs towards mental agony and costs.
7) The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis-appreciation of fact or law?
8) It is an undisputed fact that in the venture floated by the respondent a developer the complainant joined as a member paid Rs. 500/- vide Ex. A2 and later a sum of Rs. 1,50,000/- as advance on 31.10.2007 under Ex. A3. These amounts were made a mention in the pass book given by the respondent Ex. A4. On payment of said amount the respondent gave a letter Ex. A5 informing allotment of plot No. 443 consisting of 278 sq.yds. It was mentioned that an amount of Rs. 1,50,000/- was paid as on 9.1.2007 and still balance remains to be paid was Rs. 1,69,700/-. The complainant insists the documents of title to be furnished to her besides constructing compound wall, and provide life long security, and further execution of an agreement of sale before going for registration. The respondent contends that it has already committed by way of Ex. A5 that it would execute registered sale deed on payment of balance of sale consideration. It even allotted a plot. The question of again executing an agreement of sale will not arise. Even otherwise it has promised to provide certain features which it has mentioned in its brochure Ex. A1. Even before paying balance of sale consideration she cannot direct all the projects to be completed. She cannot demand life long security, children park to be constructed etc.
9) It is not known from where the complainant could deduce the proposition that execution of an agreement of sale is a condition precedent for executing registered sale deed. Even in the appeal she asserts that “ the Dist. Forum ought to have directed the opposite party to enter into an agreement of sale to clear the ambiguity with regard to some of the salient features like security, compound wall etc., which was denied by the opposite party contrary to the assurance given through Ex. A1 and A7. Agreement of sale is a condition precedent, and it is the legal obligation of the opposite party to enter into an agreement of sale before going for registration of sale deed.” Before going for registration, execution of an agreement of sale is not one of the conditions mentioned, either in the brochure Ex. A1 or terms and conditions mentioned in the pass book Ex. A4. In fact Ex. A5 reflects the transaction.
The question of again asking the respondent to execute an agreement of sale incorporating all the terms and conditions which were already mentioned in Ex. A4 have no basis. Despite the fact that the respondent in one of its replies to several e-mails of the complainant in Ex. A8 categorically mentioned “ Respect Madam, Thank you for buying a plot in paradise. Now VVR Housing Pvt. Ltd., is running 9 mega ventures in all over A.P. So you need not doubt about this company. AGM Janardhan Rao told truth about this company. VVR Housing Pvt. Ltd., is providing compound wall and life time security, and full development as per norms in all ventures. Paradise is a big venture (120 acres). So all development will be completed by February (or) March and before registration will provide all documents. If any doubts please come to the office and clarify your doubts and see the link documents.”
10) When the complainant was insisting for copies of link documents the respondent is insisting to come to their office and verify. When she was insisting, the very same reply was given by the respondent under Ex. A12 asking her to come to the office and verify the documents. It was mentioned:
“ In reply to the last paragraph of your notice, the entire contents of notice is nothing but the repetition of the earlier averments which have been suitably replied in the earlier paragraphs of this reply notice. Hence needs no further reply, and after going through your entire notice we appreciate you, and the feelings of your client with regard to the non-supply of link documents etc. To fulfil your requirements specifically in supply of documents my client is very much ready to supply the necessary link documents pertaining to your plot. And may we call upon your client to fulfil his part of the job in getting the registration of the plot allotted to him as early as possible otherwise there is a great demand and pressure from the other customers who are ready to register the same by paying full amount @ Rs. 1,400/- and more at the same time the Govt. of A.P. is going to increase the value of registration/land rates abnormally from August, 1st onwards.
Finally keeping in view all the above facts, we would like to suggest your client to go forward for registration immediately to avoid the discrepancies and future losses and the company i.e., my client is a well wisher to its customers and is always ready to fulfil the commitment made by him on behalf of the company.”
Despite the reply, the very same accusation is continued in the complaint asking for an agreement of sale to be executed. When the respondent had committed itself for providing security etc., the question of executing an agreement of sale incorporating the terms has no meaning. Undoubtedly, the complainant can initiate proceedings on failure of the respondent in providing them. Even before execution of sale deed that too even before payment of balance of sale consideration she cannot insist the respondent to provide life long security, compound wall, children’s park etc. She can as well go to the site find out as to what was happening and can complain. Without even going to the office for verifying the documents she cannot insist the documents to be furnished to her at her house. Since it is a company, the complainant can as well send her representative, in case of any inconvenience in obtaining the link documents and she can as well verify title of the respondent. No doubt the apprehension that if sale deed is executed, and the respondent fails to provide the facilities she would be un-necessarily in troubles cannot be ruled out. However, in order to get over such apprehensions she has first of all go to the premises and find out as to whether she could go ahead with the project by paying remaining balance. Since the complainant did not seek any cancellation of agreement nor sought for refund, we do not intend to grant any relief to that extent. What all she was insisting was for execution of an agreement of sale, construction of compound wall and life long security. In the light of Ex. A5 letter agreeing to sell the property the question of again executing an agreement of sale will not arise. If she is willing she can pay balance of sale consideration after satisfying with title of the respondent. We do not see any merits in the appeal. With these observations the appeal is dismissed.
11) In the result the appeal is dismissed. No costs.
1) _______________________________
PRESIDENT
2) ________________________________
MEMBER
3) ________________________________
MEMBER
08/08/2011
*pnr
“UP LOAD – O.K.”
