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
Friday, 03rd day of March 2017
CONSUMER COMPLAINT No. 86/ 2016
K. Venkatarathamma, W/o Late K. Venkata Subbanna,
age 64 years, R/o D.No. 1-2-11, Beside B.C. Hostel,
Chinnannarooms, Pulivendula, Kadapa District. ….. 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.
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 02-3-2017 in the presence of complainant as in person and Sri P.V. Ramana Reddy, Advocate for Opposite parties 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 an amount of Rs. 73,350/- with interest @ 24% p.a. from 7-2-2014 till payment and also pay Rs. 10,000/- towards compensation for mental agony and Rs. 5,000/- towards costs of the complaint.
2. The averments of the complaint in brevity are that the complainant has paid Rs. 73,350/- on 07-02-2014 by way of cheque bearing No. 832248 towards application and registration fee to the Opposite parties for allotment of plot (house site) at Bramha Nilaya Township, Proddatur towards first installment. She was prepared to pay the 2nd installment but 2nd opposite party told her that the land owners approached Hon’ble High Court and obtained stay orders on 28-2-2014 and stay could not be vacated even after one year. In spite of several requests by the complainant to refund the 1st installment paid by her including registration fee of Rs. 73,350/- and addressing letter dt. 20-9-2016 the Opposite parties not refunded the amount. Hence, the complaint for the above reliefs.
3. Opposite parties 1 & 2 filed common counter admitting that the complainant paid 1st installment amount and also registration fee etc., and stay of the High Court as pleaded by the complainant, but denied other allegations and contended that since, land owners approached the Hon’ble High Court and the stay could not be vacated, plots could not be allotted. However, the corporation already paid an amount of Rs. 70,100/- to the complainant towards installment amount through cheque bearing No. 382038 dt, 14-12-2016 through this forum after filing this complaint. As per terms and conditions of the notification of allotment of plot, if any applicant withdrawn from the scheme 10% of the tentative cost of the plot will be forfeited. Hence, the complaint is liable to be dismissed.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is deficiency of service on the part of the Opposite parties as claimed by the complainant?
- Whether the complainant is entitled for the relief as prayed against the Opposite parties?
- To what relief?
5. No oral evidence has been let in by the parties. But on behalf of the complainant Exs. A1 to A6 and on behalf of the Opposite parties Ex. B1 documents are marked.
6. Heard and perused the record.
7. Point Nos. 1 & 2. There is no dispute between the parties that the complainant is one of the applicant for the plot offered by the Opposite parties at Bramha Nilaya Township, Proddatur and she deposited total amount of Rs. 73,350/- i.e. Rs. 70,100/- first installment + Registration fee of Rs. 3,250/- on 07-2-2014.
8. After filing of this complaint the Opposite parties paid an amount of Rs. 70,100/- (Rupees Seventy Thousand one hundred only) on 14-12-2016 to the complainant by way of cheque towards amount claimed by the complainant in her complaint. The complainant received the same under protest stating that she is entitled for interest on par with other people to whom already the Opposite parties have paid. This forum on 2-2-2017 recorded part satisfaction of the claim of the complainant for an amount of Rs. 70,100/- on the memo filed by the parties.
9. Now the only point for consideration is whether the complainant is entitled for interest on the amount of Rs. 70,100/- paid by her to the Opposite parties on 7-2-2014 till 14-12-2016?.
10. The only contention that was raised by the Opposite parties is that the plots could not be allotted to the complainant as there was land owners dispute and they got stay from the Hon’ble High Court. The above contention is unsustainable. Even the land owners approached High Court and obtained stay the same is nothing to do with the complainant who paid the amount to the Opposite parties to pay interest on his 1st installment amount. The Opposite parties have already refunded the first installment amount paid by some of the applicants with interest in C.C. Nos. 6/2015, 7/2015, 8/2015, 9/2015, 10/2015, 11/2015, 12/2015, and 27/2015 filed in this forum. Therefore, the complainant in this case is also entitled for refund of her amount with interest on par with other applicants who are refunded with interest. Viewed in this angle there is deficiency of service on the part of the Opposite parties for not refunding the amount with interest to the complainant. Hence, we hold that the complainant is entitled for interest at 12% p.a. on Rs. 70,100/- from the date of payment by her i.e. 7-2-2014 till 14-12-2016 and some amount for mental agony and costs. The complainant is not entitled for refund of cost of application and registration fee, as they are non refundable. Accordingly, points 1 & 2 are answered in favour of the complainant.
11. Point No. 3. In the result, the complaint is allowed, directing the Opposite parties to pay interest @ 12% p.a. on Rs. 70,100/- (Rupees Seventy Thousand One Hundred Only) from 7-2-2014 i.e. the date of deposit by the complainant till 14-12-2016 and shall also pay Rs. 2,000/- (Rupees two 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.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 3rd day of March 2017
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of demand draft No. 832248, dt. 7-2-2014 for an amount of
Rs. 73,350/- in fvour of O.P.2.
Ex. A2 P/c of receipt dt. 7-2-2014 for Rs. 73,350/- issued by the O.P.2.
Ex. A3 P/c of of affidavit issued by notary dt. 7-2-2014 of K. Venkatarathamma.
Ex. A4 P/c of letter from Complainant to O.P.1 dt. 20-9-2016.
Ex. A5 P/c of letter from Complainant to O.P.2 dt. 20-9-2016.
Ex. A6 P/c of two numbers postal receipts dt. 23-9-2016.
Exhibits marked on behalf of the Opposite parties : -
Ex. B1 P/c of cheque for Rs. 70,100/- dt. 14-12-2016 issued by O.P.2 in
favour of Complainant.
MEMBER PRESIDENT
Copy to :-
1) K. Venkatarathamma, W/o Late K. Venkata Subbanna,
age 64 years, R/o D.No. 1-2-11, Beside B.C. Hostel,
Chinnannarooms, Pulivendula, Kadapa District
2) Sri P.V. Ramana Reddy, Advocate for Opposite parties
B.V.P
