Date of filing:  31-5-2017                                       Date of order : 06-9-2017

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

Wednesday, 6^th day of September 2017

CONSUMER COMPLAINT No.  33 / 2017

V. Gangi Reddy, S/o Reddeppa Reddy,

aged about 60 years, Hindu, R/o D.No. 57/80-B,

Kothapeta Ramapuram, Rayachoty,

Kadapa (YSR) District (A.P).                                                ….. Complainant.  

Vs.   

1.  The Managing Director, A.P. Rajiv Swagruha Corporation Ltd.,

     7^th 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 28-8-2017 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. 1,03,250/- along with interest and also to pay Rs. 20,000/- towards compensation for mental agony and Rs. 5,000/- towards costs.

2.             The averments of complaint in brevity are that the Opposite parties gave wide publicity regarding allotment of plots in Phase – II 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 and Opposite parties allotted application No. 112700031 on             15-11-2010 for allotment of plot at Ananda Nilayam Township at Rayachoty by the Opposite parties.  The Complainant paid Rs. 2,00,000/- towards initial advance vide cheque No. 112169, dt. 15-11-2010 to the Opposite parties,             Rs. 1,00,000/- for him and Rs. 1,00,000/- Sri B. Parameswara Reddy for allotment of plots.  The same was acknowledged by the Opposite parties on            22-11-2010.  Later B. Parameswara Reddy was refunded amount of                       Rs. 1,00,000/-. The amount paid by the Complainant Rs. 1,00,000/- has not been refunded.  He is in touch with the officials of Opposite parties and gave notice to O.P.1 on 20-4-2017 for refund of amount. But no response from Opposite parties and not refunded his amount initially paid by him. As the Opposite parties are not in a position to continue construction of any house at Rayachoty.   As per G.O.Ms. No. 11 Housing (HB.1), Department, dt. 22-6-2013 permitted the Opposite parties for refund of amount with interest and registration amount to applicants.   Therefore,  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. 

1. Whether the complainant is entitled for refund of                        Rs. 1,03,250/- and Rs. 20,000/- for mental agony and costs from the Opposite parties as prayed for?
2. To what relief?

5.             The Complainant filed his affidavit in support of his case and also got marked Exs. A1 to A6. No documents have been filed by the Opposite parties.   

6.             Heard arguments on both sides.    

7.             Point No. 1.  It is contended that the Complainant paid initial amount of Rs. 2,00,000/- by way of cheque Rs. 1,00,000/- for him and another                Rs. 1,00,000/- for B. Parameswara Reddy and the same was accepted by the Opposite parties and registered their application on 15-11-2010.  Subsequently, Opposite parties discontinued the project and not allotted plots and they have returned amount some persons and not refunded his amount inspite of requests and letter dt. 20-4-2017. Therefore, the Complainant is entitled for refund of advance amount with interest.

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.  The affidavit of Complainant and documents filed by him clearly and categorically goes to show that he had paid Rs. 250/- towards application fee and Rs. 3,000/- towards registration fee and                      Rs. 1,00,000/- towards initial advance for allotment of plot by the Opposite parties in Anandanilayam township, Rayachoty on 15-11-2010.  But, it appears the project of Opposite parties was discontinued and plot was not allotted to the Complainant and others.  The Opposite parties also refunded the amount to the depositors, who paid initial amount and not allotted plots as per G.O.Ms. No. 11 issued by the Government Ex. A6. But the Complainant was not refunded the initial amount of Rs. 1,00,000/- by the Opposite parties as they failed to allot plot to him.  Therefore, the Complainant is entitled for refund of his amount of Rs. 1,00,000/- (Rupees one lakh only) along with interest at 12% p.a. though, not the claims for refund of Rs. 250/- towards  application fee and Rs. 3,000/- registration fee and Rs. 20,000/- for mental agony.  Therefore, we hold that the Complainant is entitled for refund of Rs. 1,00,000/- with interest at 12% from 15-11-2010 i.e. the date of deposit till date of realization and shall also entitled for Rs. 1,000/- towards costs of the complaint. Accordingly, point No. I is answered.

10.            Point No. 2. In the result, the Complaint is allowed, directing the Opposite parties 1 & 2 jointly and severally to refund Rs. 1,00,000/- (Rupees one lakh only) along with interest @ 12% p.a from 15-11-2010 till date of realization and shall also pay Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint to the Complainant, within 45 days from the date of receipt of this order.  Rests of the claims of Complainant are disallowed.

          Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 6^th 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          e-Seva receipt amount of Rs.250/- towards application fee.

Ex: A2         P/c of e-seva receipt for Rs.3,000/- towards Registration charge.

Ex: A3         P/c of  receipt for Rs.2,00,000/- dt. 22-11-2010. 

Ex: A4         P/c of  RSCL information system issued in favour of Complainant.

Ex: A5         P/c of letter from complainant to O.P.2 dt.20-4-17 along with postal receipt.

Ex: A6         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 :-

1. 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