Date of Filling:      07.04.2016

                                                                                                                       Date of Disposal:  22.10.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT:   THIRU.S.PANDIAN, B.Sc., L.L.M.                                 ….PRESIDENT

THIRU:R.BASKARKUMARAVEL, B.Sc.L.L.M., BPT., PGDCLP.,      …MEMBER

CONSUMER COMPLAINT No.16/2016

MONDAY, THE 22^th DAY OF OCTOBER 2018

G.Jamuna,

W/o. K.Govindaraj,

No.6, Vanniyar Street,

Karaiyanchavadi, Poonamallee,

Chennai - 56.                                                                     …Complainant.

//Vs//

The Bright Associates,

Administrative Director,

R.John Nickolash,

S/o.M.Raju,

No.M-3, 2^nd Main Road,

Tamil Nagar, (TNHB)

Ramapuram, Chennai - 600 089.                                 ……opposite party.

This complaint is coming on for final hearing before us 12.10.2018 in the presence of Mrs.G.Malathi, Counsel for complainant and M/s.M.Poorna Chandrika, Counsel for the opposite party and upon hearing arguments having perused the documents and evidences this Forum delivered the following.

ORDER

PRONOUNCED BY THIRU.S.PANDIAN, PRESIDENT.

This complaint is filed by the complainant U/S 12 of the Consumer Protection Act-1986 against the opposite party for seeking direction to obtain patta and to give the same to the complainant or return the amount Rs.6,000/- as already paid by the complainant to the opposite party and also to pay a sum of Rs. 1,00,000/- towards compensation for causing mental agony and immense problem due to the deficiency of service on the part of the opposite party.

2. The brief averments of the complaint are as follows:-

On the basis of the advertisement, the complainant had booked the plot on paying a full consideration the opposite party executed the sale deed on 02.11.2011 for the plot nos.84 &103 respectively.  It has been registered at Sub Register Office, Arani and there is no dispute arose between them.

3. That subsequently, on 04.10.2012 the opposite party had sent a notice to the complainant in which that they have been arranged all procedure to obtain the patta from the Revenue Department and for which the complainant has to be paid a sum of Rs.3,000/- for each plot.  In turn, the complainant was received the notice and the same was accepted and paid a sum of Rs. 6000/- on 09.12.2003 for the above two plots and to that cash receipt also given by the opposite party.

4. Even after receiving the amount, the opposite party has not taken any proper steps to obtain patta in spite of repeatedly approached the opposite party. Hence, the complainant issued a notice to the opposite party to comply as per notice dated 04.10.2012 sent by the opposite party.  The opposite party sent a reply notice mentioning that some of the grievances and also want to further 4 month time for obtaining the patta.  So, the complainant kept quit and did not disturb the opposite party till the stipulated period as required by the opposite party.  But the opposite party has not fulfilled as per the reply notice.

5. That on 08.01.2016 the complainant again issued a legal notice to the opposite party for the same fact.  But on 20.01.2016 the opposite party sent a reply notice with lame excuses and at the end of February month the patta would have been brought it, after getting the patta they will be informed to her.  But till the date the opposite party has not given any information regarding the patta and also given just false assurances, but they have not ready to solve the problem till the date.

6. The complainant approached many banks for obtaining housing loan.  But the official refused, for the reason stating that the application should be enclosed along with patta.  Hence the complainant could not build up the construction for her living.  The complainant is residing in rental home and spending more money and suffered a lot of mental stress, agony and immense problem, loss of time and money due to the deficiency of service and also unfair trade practice.  Hence the complainant has filed this complaint.

The contention of written version of the opposite party is briefly as follows:-

7. All the allegations in the complaint are hereby denied as false save those that are specifically admitted herein.  The opposite party has applied for the patta in the name of the complainant on 09.12.2013 itself for her two plots.  But the application which, the opposite party received for applying patta in the name of the complainant was submitted in Arani Taluk Office.  Only by March 2014 this opposite party took the application to Taluk Office because this opposite party waited for another 29 applicants to place their application with this opposite party for obtaining patta to their plots.  Due to which 5 months of delay happened.  Once when the opposite party applied for patta Election Commission declared dates for parliamentary election which made another 4 months of delay.  More ever in the August 2014, various officers from Revenue Department, Surveyors were got transferred which caused an additional delay of five months by the January 2015 new procedure was introduced in Revenue Department which is all entries for Patta issuing were manual are changed to Computer entries and to upload the data caused delay of another 6 months.

8. More ever during the 2015 there were heavy rains causing damaging flood because of which various officials and surveyors of revenue department were pressed into service for reissue pressed operations which cost more delay in dealing with applications of patta including that of this complainant.

9. The unexpected delay caused by the Revenue officials because of their situation caused unbearable mental agony to this opposite party as a result this opposite party was hospitalized due to stress and heavy loss.  Nearly 450 applications were made seeking patta.  Though this opposite party has received only Rs.3,000/- from their clients for on obtaining patta but it had spent Rs.7,000/- more for every applicants.  Even in this situation also other Customers are satisfied by obtaining their pattas.

10. This company is started form 1989 within this 28 years it has 4 branches, 24,000+costomers and 170+ lands for sale.  For this fabulous upcoming company this is the first time and first complaint made by this complainant, No one as alleged anything against the opposite party but strangely this complainant slowly with an intention to defame the opposite party and had lost unbelievable humiliation and mental agony.  The delay is due to various reasons of the Revenue Department and also of the Natural Calamities. The process is in the last stage after the jamabanthi they can also take the print from the Government Website. Name-G.Jamuna, patta No,.10340, dateJuly 2016.  They can take the Print out after July 2016

11. There is no deficiency of service on the part of the opposite party as false alleged by the complainant.  The complainant is taking advantage of their own wrong besides the difficulty of Revenue Department for which this opposite party is not entitled.  The complaint is bad for non-joinder of necessary parties that is officials of Revenue Department.

12. In order to prove the case, on the side of the complainant, the Proof Affidavit submitted for his evidence and Ex.A1 to Ex.A7 were marked.  While so, on the side of the opposite party Proof Affidavit submitted for his evidence and Ex.B1 to Ex.B7 on their side.

13.At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?

2. To what other reliefs, the complainant is entitled to?

14. Written arguments filed and oral argument also adduced on both sides.

15. Point No.1:-

Regarding this point it is to be decided that the allegations made by the complainant against failure of the opposite party to obtain patta for the plot purchased by the complainant on payment of full consideration and also received Rs.6,000/- to that effect as promised by the opposite party and also further time given by the complainant and thereby causing mental agony and monetary loss has been proved by means of proper and consistent evidence.

16. At the outset, on careful perusal of the evidence adduced on both sides, it is crystal clear that the complainant had purchased two plots from the opposite party on the basis of installment and on completion of full consideration passed by the complainant the opposite party executed the Ex.A1 sale deed on 02.11.2011 for the plot Nos.84, 103 respectively.  Similarly it is not disputed that the opposite party received Rs.3,000/- for each plot which amounts to Rs.6,000/- in total on 09.12.2013 for obtaining patta for the above said plots and for which the opposite party issued Ex.A3 receipt to the complainant.  Such being so, the only contention raised by the opposite party that in spite of the opposite party has taken coercive steps, because of the administrative delay occurred in the Revenue Department and also sudden Natural Calamities happened due to flood and heavy rain and also change of procedure by the Government in the issuance of patta the opposite party could not obtain the patta within stipulated time and thereby the opposite party has not obtained the patta as already assured to the complainant and therefore no fault on the side of the opposite party.    

17. It is further seen from the evidence of the opposite party that the opposite party narrated all these above said difficulties through Ex.B2 and due to flood and heavy rain happened on 01.12.2015 office of the opposite party has been damaged and much loss to the opposite party and to that effect Ex.B1 is marked and on further perusal it is seen from the evidence of the opposite party that after the issuance of Ex.B2 there is no progress on the side of the opposite party and the complainant issued legal notice Ex.A4 to the opposite party and Ex.A5 reply notice was given by the opposite party and the acknowledgement card is marked as Ex.B4. Even thereafter, the patta has not been given to the complainant.  The complainant again issued final notice Ex.A6 to the opposite party and the same was received by the opposite party and for which the opposite party has sent a reply notice Ex.A7 stating that the patta could be get it within 15.02.2016.

18. In such circumstances, the opposite party categorically stated that he had taken effective steps, due to the official delay by the Government Department and Natural Calamities only the patta of the complainant could not be produced and not otherwise. In fact as per the Ex.B5 other then the complainant, patta was given only 156 purchaser and different date and the same has been started on 27.03.2014 and continued till 24.03.2016 and for the service above said purchaser has satisfied and also the relevant patta of the 11 purchaser as per the Ex.B6 will clearly shown about the sincere service of the opposite party and also computer copy of the patta of the complainant is marked as Ex.A7.

19. While being so, it is pertinent to note that on careful going through the Ex.A7 the relevant date of  issuance of patta is not filed in the Ex.A7 and further as per the Ex.B5 and Ex.B6 given patta for nearly 156 purchasers but there is no particulars found about the date of payment of cost of the obtaining patta.  In this case on hand, the complainant had paid Rs.6,000/- on 09.12.2013 and thereafter even lapse of nearly three years the patta was not given.  That, as per the Ex.B5 and Ex.B6 other purchasers were given patta on different date in between 2014 to 2016. Even that period also, the patta was not given to the complainant which is clearly proved from the averments of the complaint.  After the complainant was come forward to prefer this complaint on 07.04.2016 only and till that date the complainant has kept silent and waited as per the assurance given by the opposite party through reply notices.  Further, till the filing of the additional proof Affidavit by the opposite party on 31.07.2018 in which date, this case was posted for oral argument, the opposite party has not produced Ex.B7, So it is crystal clear that even after the filing of complaint nearly two years have been lapsed.

20. From the fore going among other facts and circumstances, it goes without saying that the opposite party has failed in discharging the duty in  obtaining patta for the complainant as if acted for other purchasers and the same   has been proved as rightly narrated by the complainant.  Though for some plots   patta obtained by the opposite party, but the opposite party could not fulfill the assurance given to the complainant in obtaining patta.  In respect of the complaint, the opposite party has kept quite on the promises and assurance given by the opposite party and thereby the contention raised the opposite party holds not good. Thus the point No.1 is answered accordingly.

21. Point No.2:-

As per the decision arrived in point No.1, the opposite party is liable to obtain the patta and the same to be given to the complainant within a month is just and necessary or otherwise, the complainant is entitled for the refund of Rs.6,000/- which already paid to the opposite party and also for causing mental agony and financial loss in the medieval period it is just and necessary to award reasonable compensation and also cost for litigation.  Thus the point No.2 is answered accordingly. 

In the result, this complaint is allowed in part.  Accordingly, the  opposite party  is directed to obtain a patta in the name of the complainant and same to be given to the complainant within a month, failing which the opposite party is directed to return a amount of Rs.6,000/-(Rupees Six thousand only) already paid by the complainant for obtaining patta to the opposite party.  Further, for the enormous delay in issuance of patta as per the terms and conditions in between the parties, the opposite party is liable to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for causing mental agony, hardship and monitory loss in otherwise due to the deficiency of service on the side of the opposite party and also to pay a sum of Rs.5,000/- towards cost of litigation to the complainant.  

The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by president to the steno-typist, transcribed and computerized by him, correctedby the president and pronounced by us in the open Forum of this 22^th October 2018.

   -Sd-                                                                                  -Sd-

MEMBER                                                                      PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite party:-

      -Sd-                                                                                                -Sd-

 MEMBER                                                                                PRESIDENT.