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, 27th October 2016
CONSUMER COMPLAINT No. 51/ 2016
Smt. Kesigarla Venkata Sujatha, Teacher
W/o B. Venkateswarlu, aged about 47 years,
Hindu, R/o H.N.MIG-124, A.P. Housing Board Colony,
Proddatur Town and Mandal, YSR 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 24-10-2016 in the presence of complainant 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. 2,13,300/- with interest @ 24% p.a. from 16-11-2013 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 applied for allotment of house site at Brahma Nilya Town ship at Proddatur project proposed by Opposite parties corporation and paid an amount of Rs. 3,000/- towards registration fee and Rs. 70,100/- on 16-11-2013 towards first installment and Rs. 70,100/- on 01-2-2014 towards 2nd installment and Rs. 70,100/- on 3-3-2014 towards 3rd installment by way of cheques to the Opposite parties. Thus totally paid Rs. 2,13,300/-.
3. The Complainant prepared to pay next installment to the O.P.2 but he was informed that some of the erstwhile land owners of the proposed township have approached the Hon’ble High Court and obtained stay orders on 28-2-2014 and the stay could not be vacated, even after laps of 1 year. It is further averred that O.P.2 could not inform about the stage of payment of remaining installments. The Complainant approached O.P.2 for several times for refund of his amount but not refunded and finally requested O.P.2 by way of letter to refund installments amount paid by him. The Complainant is entitled for return of the same, hence, this complaint for the above reliefs.
4. Opposite parties 1 & 2 filed common counter denying the allegations and called upon the Complainant to prove all of them. It is further averred that the Complainant paid two installments only but not three. The Complainant is willful defaulter, she did not pay the installments regularly. She voluntarily stated that she is not interested to purchase the plot from the Opposite parties corporation and waiver of the amount including interest. Registration fee of Rs. 3,000/- plus Rs. 250/- application fee paid by the Complainant is non refundable. The Complainant ought to have filed a complaint for only Rs. 1,40,200/-. Hence, the complaint is liable to be dismissed.
5. 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 reliefs as prayed against the Opposite parties?
- To what relief?
6. No oral evidence reported by the parties. But on behalf of the complainant Exs. A1 to A7 documents are marked. No documents are marked on behalf of the Opposite parties.
7. Heard arguments on both sides and perused the material placed on record by the parties.
8. Point Nos. 1 & 2. The Complainant filed this case for refund of Rs. 2,13,300/- from the Opposite parties. Opposite parties contended that the Complainant paid only two installments totaling Rs. 1,40,200/- and not three installments @ Rs. 70,100/- each. However, during enquiry the Complainant filed memo stating that the 3rd installment said to have been paid by her at Rs. 70,100/- on 3-3-2014 was returned to her by the Opposite parties. Therefore, restricted her claim for refund of Rs. 1,40,200/- only. Although the Opposite parties contended that the Complainant is defaulter and waiver of the claim but there is no evidence placed by the Opposite parties to prove that the Complainant is defaulter of the installments and waived the amount paid by her. As seen from Ex. A6 & A7 the Complainant demanded the Opposite parties on 10-12-2014 and 21-2-2015 for refund of her amount. But the Opposite parties have not refunded the same. Since the Opposite parties have refunded the installments paid by them to some of the applicants as they could not allotted plots 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, We hold that the Complainant herein is also entitled for refund of her amount of Rs. 1,40,200/- as they failed to allot plot to her. Thus there is deficiency of service on the part of the Opposite parties for not refunding the amount ot the Complainant. Hence, the Complainant is entitled for Rs. 1,40,200/- with interest at 12% p.a. from the date of deposit till the date of realization and also pay Rs. 3,000/- towards mental agony and Rs. 1,000/- towards costs. However, the Complainant is not entitled for refund of Rs. 3,000/- registration fee and Rs. 250/- application fee, as they are non refundable. Accordingly, points 1 & 2 are answered in favour of the complainant.
9. Point No. 3. In the result, the complaint is allowed, directing the Opposite parties to refund Rs. 1,40,200/- (Rupees one lakh forty thousand and two hundred only) i.e. Rs. 70,100/- with interest @ 12% p.a. from 16-11-2013 and Rs. 70,100/- with interest @ 12% p.a. from 01-2-2014 i.e. date of deposits by the Complainant till 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 amount 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 27th October 2016
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Opposite party : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of eesave receipt amount of Rs. 250/- towards application fee.
Ex. A2 P/c of esave receipt amount of Rs. 3,000/- towards processing fee.
Ex. A3 P/c of letter from Complainant to O.P. No. 1, dt. 9-7-2015.
Ex. A4 P/c of affidavit of K.V. Sujatha, dt. 14-11-2013.
Ex. A5 P/c of RSCL information system.
Ex. A6 P/c of Lr. dt. 10-12-2104 from Complainant to the G.M.A.P.R.S.C.L.,
Kadapa.
Ex. A7 P/c of letter from Complainant to O.P.2 dt. 21-2-2105.
Exhibits marked on behalf of the Opposite parties : - NIL
MEMBER PRESIDENT
Copy to :-
1) Smt. Smt. Kesigarla Venkata Sujatha, Teacher
W/o B. Venkateswarlu, R/o H.N.MIG-124, A.P. Housing
Board Colony, Proddatur Town and Mandal, YSR District
2) Sri P.V. Ramana Reddy, Advocate for Opposite parties.
B.V.P
