BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Friday the 31^st day of October, 2014

C.C.No.89/2014

Between:

S. Ramalakshmamma,

W/o Late K.Marka Reddy,

Aged about 53 Years, Typist,

Divisional Co-operative Office,

H.No.25-552, 2^nd Floor, Srinivasa Nagar,

Nandyal-518 501.                                                                    …Complainant

-Vs-

1. The Managing Director,

V.V.R. Housing Private Limited,

206 and 211, 2^nd Floor,

          Pavani Prestage,

Ameer Pet, Hyderabad-500 016.

1. The Executive Director,

V.V.R. Housing Private Limited,

H.No.30-686B-38A,

          SPY Reddy Colony, Bommal Satram,

Nandyal-518 501.                                                 …OPPOSITE PARTIES

This complaint is coming on this day for orders in the presence of Sri.P.Siva Sudarshan, Advocate for complainant and opposite parties 1 and 2 called absent and set exparte and upon perusing the material papers on record, the Forum made the following.

    ORDER

(As per Smt.S.Nazeerunnisa, Lady Member)

   C.C. No.89/2014

1.       This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

(a)To direct the opposite parties to refund the amount of Rs.2,80,000/- with interest at the rate of 24% Per Annum from the date of collection to date of realization;

(b)To refund the registration Charges a sum of Rs.10,400/- with interest from 04-12-2013 to the date of realization;

(c)To grant the compensation for mental agony a sum of Rs.50,000/-;

(d)To grant the cost of the complaint of Rs.5,000/-;

(e)To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- The opposite parties floated a scheme for the sale of house site plots under the name and style of Nandyal Township at Nervada Village.  The complainant joined the scheme and booked one plot No.185 in her name, her pass book number 234 and paid the admission fee and 1^st installment amount on 04-05-2013.  As per the scheme conditions the complainant paid Rs.2,80,000/- in five installments to the opposite parties on different dates.  She also paid another sum of Rs.10,400/- towards Registration Chares on 04-12-2013.  The opposite parties not completed the work as promised in advertisements and broachers.  The complainant requested the opposite parties to register the plot in her favour but the opposite parties did not take steps to register the plot and postponing the mater without any cause.  The complainant issued notice to opposite parties on 22-05-2014 and the opposite parties received the same but they did not register the plot or not refund the amount to the complainant.  There is deficiency of service on the part of the opposite parties.  Hence the complaint.

3.       Opposite parties 1 and 2 called absent and set exparte.

4.       On behalf of the complainant Ex.A1 to Ex.A9 are marked and sworn affidavit of the complainant is filed. 

5.       Written Arguments of complainant filed.

6.       Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of opposite parties?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:-  It is the case of the complainant that she joined the scheme and to be allotted one plot No.185 in favour of her dated 04-05-2013, Nandyal which was floated by opposite parties under the name and style of Nandyal township at Neravada Village.  Her pass book No.234 the complainant in her sworn affidavit clearly stated about the said facts.  It is further case of the complainant that she paid Rs.2,80,000/- in five installments.  The receipts are marked as Ex.A1 to Ex.A6.  the opposite parties collected further  Rs.10,400/- towards registration charges, which is marked as Ex.A7 dated 04-12-2013The complainant issued notice dated 22-05-2014 to opposite parties to register the plot, but they did not register the plot.   It is marked as Ex.A8 and opposite parties received to the same, the Postal Acknowledgment marked as Ex.A9.  the learned counsel appearing for the complainant argued that though she paid all installments under the said scheme and registration charges, the opposite parties did not take any steps to register the plot in favour of the complainant or her money was also not returned.  It is further argued that the opposite parties not completed the work as promised in advertisement and broachers.  There is deficiency of service on the part of opposite parties.  The complainant is a consumer under the C.P. Act.  To support his version he cited a decision of Honourable Supreme Court of India Civil Appeal Nos.4432-4450/2012 S.L.P.(C) Nos.3499-3517/2011 M/S Narne Construction Private Limited -Vs- Union of India and others.  The Honourable Supreme Court held that offer of plots for sale to its customers/members with an assurance of development of infrastructure/amenities, layout approvals etc., is a “service” within the meaning of Section 2(1) (o) of the Consumer Protection Act, 1986 and would, therefore, be maintainable to the jurisdiction of the Forum established under the statute.  In Bangalore Development Authority -Vs- Syndicate Bank (2007) 6 SCC Page 711 where in it was held that “where full payment is made and possession is delivered, but title deed is not executed without any justifiable cause, the allottee may be awarded compensation for harassment and mental agony.

8.       In the present case the opposite parties called absent and did not file their version, inspite of notices were served on them.  In the absence of contrary evidence on record it shall presumed that the averments stated in the complaint are true and correct.  We persued all the material on record it is very clear that the complainant paid entire consideration and registration charges as per terms and conditions of the scheme under Ex.A1 to Ex.A7.  Though the complainant issued notice under Ex.A8 the opposite parties received the same under Ex.A9.  The opposite parties did not register the plot or return the amount paid by the complainant.  In the light of above decisions and facts and circumstances of the case on hand we are of the opinion that the complainant is a consumer U/S 2(1) (d) of the Consumer Protection Act, 1986.  We found deficiency of service on the part of opposite parties.  The opposite parties caused mental agony to the complainant.

9.      POINT No.iii:- The complainant is entitled for the refund amount of Rs.2,80,000/- with 9% interest and further Rs.10,400/- with 9%  interest from the date of complaint to the date of realization, the complainant is entitled for compensation of Rs.10,000/- towards  mental agony and Rs.1,000/- as costs of the case.

10.     In the result, the complaint is partly allowed directing the opposite parties jointly and severally to refund the amount of Rs.2,90,400/- along with 9% interest from the date of complaint to the date of realization and further direct to pay an amount of Rs.10,000/- as  compensation for mental agony and Rs.1,000/- as costs of the complaint.  Time for compliance is one month from the date of the receipt of this order.

          Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 31^th day of October, 2014.

                                         Sd/-                                                                                           Sd/-

LADY MEMBER                                                                          PRESIDENT

APPENDIX OF EVIDENCE 

   Witnesses Examined

For the complainant : Nil                      For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1          Photo copy of Installment Receipt No.079 dated 04-05-2013.                             

Ex.A2          Photo copy of Installment Receipt No.078 dated 04-05-2013.

Ex.A3           Photo copy of Installment Receipt No.085 dated 08-05-2013

Ex.A4          Photo copy of Installment Receipt No.282 dated 18-07-2013.

Ex.A5          Photo copy of Installment Receipt No.592 dated 23-12-2013.

Ex.A6          Photo copy of Installment Receipt No.591 dated 23-12-2013.

Ex.A7          Photo copy of Receipt issued by Registration Charges received for Rs.10,400/- dated 04-12-2013.

Ex.A8          Office copy of Letter of complainant to opposite parties dated 22-05-2014.

Ex.A9          Postal Acknowledgement Card.

List of exhibits marked for the opposite parties:- Nil

                                       Sd/-                                                                                           Sd/-

LADY MEMBER                                                                          PRESIDENT

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties    :

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