Date of filing: 01-6-2017 Date of order : 07-9-2017
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
Thursday, 7th day of September 2017
CONSUMER COMPLAINT No. 34 / 2017
Manyam Gangi Reddy, S/o Manyam Nagi Reddy,
aged about … years, Hindu, H/o Yarraballi,
Rajavaripalli Post, Devapatla Village,
Sambapalli Mandal, YSR District – 516269, A.P.
….. Complainant.
Vs.
1. The Managing Director, A.P. Rajiv Swagruha Corporation Ltd.,
7th Floor, Gagan Vihar Apartments, M.J. Road, Nampally,
Hyderabad, Pin – 500 001.
Present Address: The Managing Director, (Admn),
A.P. Rajiv Swagruha Corporation Ltd., D.No. 5-21,
Near Ford Showroom, Hostel Road, Prasadampadu,
Vijayawada – 521108, A.P.
2. 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.
This complaint coming for final hearing on 04-9-2017 in the presence of Complainant in person and Sri P.V. Ramana Reddy, Advocate for Opposite parties 1 & 2 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 Opposite parties to refund amount of Rs. 4,55,750/- along with interest @ 24% p.a. from 23-12-2010 till payment, to pay Rs. 40,000/- towards compensation for mental agony and Rs. 3,000/- towards costs of the complaint.
2. The averments of complaint in brevity are that the Opposite parties gave wide publicity regarding allotment of plots under the name and style of Rajiv Swagruha at Rayachoty Project. The Complainant paid an amount of Rs. 3,000/- towards registration fee and Rs. 250/- towards application fee on 23-12-2010 and he was allotted application No. 2009000449 for allotment of plot (House site) at Ananda Nilaya Township at Rayachoty by the Opposite parties. The Complainant paid total amount of Rs. 4,55,750/- including registration and application fee for plot of 1221 Sp. Feet. But the Opposite parties have not allotted the plot nor refunded amounts so far. The Complainant paid conformation advance of Rs. 2,71,500/- on 23-12-2010, allotte contribution of Rs. 1,81,000/- on the same day apart from registration and application fee. Inspite of paid total amount of Rs. 4,52,500/- towards unit costs the Opposite parties not allotted the plot. The Complainant approached several times and requested for allotment of site orally and also in written but not allotted. The Opposite parties sent reply on 19-10-2016 in letter No. 869/APRSL/EM/Refund of installments / 2016. But not refunded the amount and they are dragging the matter on some pretext or other. It appears the corporation is not in a position to continue construction of any house plot at Rayachoty project and the government vides G.O.Ms. No. 11, Housing (HB.1), department dt. 22-6-2013 allowed for refund of amount with interest at 12% p.a. where the projects are not taken up. Hence, the complaint for the above reliefs.
3. Opposite parties 1 & 2 though appeared but not filed any written version put frothing their contention.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is any deficiency of service on the part of the Opposite parties as prayed by the Complainant?
- Whether the complainant is entitled for refund of Rs. 4,55,750/- and Rs. 40,000/- for mental agony and costs from the Opposite parties as prayed for?
- To what relief?
5. The Complainant filed his affidavit in support of his case and also got marked Exs. A1 to A7 and closed his evidence. No documents have been filed by the Opposite parties.
6. Heard arguments on both sides.
7. Point Nos. 1 & 2. It is contended on behalf of the Complainant that he paid total amount of Rs. 4,52,500/- apart from Rs. 250/- towards application fee and Rs. 3,000/- towards registration fee for allotment of house site from Opposite parties and Opposite parties received the same on 23-12-2010. But not allotted house site or refunded the amount. Therefore, there is deficiency of service on the part of the Opposite parties and he is entitled for refund of amount.
8. Though Opposite parties 1 & 2 not filed their written version and placed any evidence, but their counsel contended that the Complainant is not entitled for refund of amount, as he failed to pay further installments. So he is not entitled for refund of amount.
9. As already noted the Opposite parties have not filed any written version put forthing their contention.
10. A perusal of affidavit of the Complainant with documentary evidence Exs. A1 to A6 clearly goes to show that the Complainant had paid total amount of Rs. 4,52,500/- towards allotment of house site to him by Opposite parties in Ananda Niliyam township at Rayachoty, apart from paying Rs. 3,000/- towards registration fee and Rs. 250/- towards application fee. The documents Exs. A1 to A6 prove the same. A perusal of Ex. A7 goes to show that the housing department in G.O.Ms. No. 11, dt. 22-6-2013 ordered refund of amount with 12% interest where the projects are not completed.
11. In this case the Opposite parties have not allotted house site to the Complainant as per agreement Ex.A6. The project appears to be not going to be continued by the Opposite parties and they are not in a position to allot house site to the Complainant. Therefore, the Complainant requested the Opposite parties to refund his amount both orally and in writing also. Even as per Ex. A5, dt. 19-10-2016 issued by office of O.P.1 the applicants are requested to furnish certain documents for refund of their installment amounts paid by them. Therefore, the Complainant proved that there is deficiency in service on the part of the Opposite parties in refunding the installments paid by the Complainant, as such we hold the Complainant is entitled for an amount of Rs. 4,52,500/- deposited by him towards allotment of house site though not application fee of Rs. 250/- and registration fee of Rs. 3,000/- which are non refundable. Accordingly, points 1 & 2 are answered in favor of Complainant.
12. Point No. 2. In the result, the Complaint is allowed, directing the Opposite parties 1 & 2 jointly and severally to refund Rs. 4,52,500/- (Rupees Four Lakhs Fifty Two Thousand and Five Hundred Only) along with interest @ 12% p.a from 23-12-2010 till date of 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. Rest of the claim of Complainant is disallowed.
Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 7th day of September 2017
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex: A1 P/c of RSCL information system issued in favour of complainant.
Ex: A2 P/c of Application form of Manyam Gangi Reddy.
Ex: A3 P/c of acceptance letter from Opposite party no.1.
Ex: A4 P/c of Affidavit income certificate and willingness to avail bank loan.
Ex: A5 P/c of letter no.869/APRSCL/EM/Refund of installments/2016 Dt.19-10-16.
Ex: A6 P/c of agreement of sale (9 pages).
Ex: A7 P/c of G.O.Ms. No.11, Housing (HB-I) Department, Dt. 22-6-2013.
Exhibits marked on Opposite parties :- NIL
MEMBER PRESIDENT
Copy to :-
- Sri V. Gangi Reddy, S/o Reddeppa Reddy, R/o D.No. 57/80-B,
Kothapeta Ramapuram, Rayachoty, Kadapa (YSR) District (A.P).
2) Sri P.V. Ramana Reddy, Advocate for Opposite parties.
B.V.P
