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, LADY MEMBER                                     

Thursday, 03^rd November 2016

CONSUMER COMPLAINT No. 48 / 2016

Mallela Guru Sekhar Reddy, S/o Muni Reddy,

Hindu, aged about 51 years, Employee in Zuari

Cement Factory, D.No. 26/598, Vasantapeta,

Proddatur – 516360, Kadapa District.                                          ….. Complainant.

Vs.

1.  The Vice Chairman and Housing Commissioner,

     Andhra Pradesh Housing Board, “Gruhakalpa”,

     M.J. road, Hyderabad – 500 001.

2.  The Executive Engineer, Andhra Pradesh Housing Board,

     Commercial Complex, Abbas Nagar, Kurnool – 518002,

     Kurnool District.

3.  The Asst. Engineer, A.P. Housing Board,

     Putlampalli, Kadapa.                                                       ………Opposite parties

This complaint coming on this day for final hearing on 27-10-2016 in the presence of Sri Y.V. Seshaiah, Advocate for Complainant and Sri P. Sivasudorsan, Advocate for O.P.2 and O.P.1 called absent and set exparte on 31-8-2016 and O.P.3 remained absent on 19-7-2016 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per Smt. K. Sireesha, Member),

1.                Complaint filed under section 12  of C.P. Act 1986.

2.                The brief facts of the complaint are as follows:- On 01-12-2007 the O.P.1 has given demand survey notification No. CE/376/E3/EO/2007 in Eenadu News paper stating that the Andhra Pradesh Housing Board is intends to sell plots or houses in different towns in the state of Andhra Pradesh including proddatur town and in the said notification, he asked that the people belongs to Proddatur has to apply to O.P.2 for allotment of MIG, MIG-II, and LIG plots in Proddatur town.  On seeing this notification the Complainant applied to defendant No. 2 on 1-2-2008 for allotment of MIG plot at Proddatur.  As per requirements of the notification the Complainant has paid an amount of Rs. 5,000/- through D.D. No. 508800 to be drawn at SBI towards registration fees.  The O.P.2 received the same and issued receipt No. 7017, dt. 01-01-2008. subsequently, after two years, the O.P.2 has sent allotment letter dt. 7-12-2009 confirming the allotment of MIG plot to the Complainant fixing the revised tentative cost of the plot as Rs. 2,65,000/- and in the said letter he asked for payment of 10% revised tentative cost of Rs. 26,500/- of the plot after deducting EMD of Rs. 5,000/- to be paid within a month from the date of receipt of the above letter.  On receiving the said letter the Complainant paid the said amount Rs. 21,500/- through D.D. No. 225099, dt. 2-01-2010 and O.P.2 has received the same and issued receipt No. 054570, dt. 7-1-2010.  Again on 28-4-2010 the Complainant has sent 30% of the plot amount i.e. Rs. 79,500/- to O.P.2 through D.D. No. 276997, dt. 23-4-2010 towards 1^st installment and he received the same and issued receipt No. 054905, dt. 28-4-2010.  As such the Complainant in total ahs paid Rs. 1,06,000/- towards part payment of the plot as on 23-4-2010.

3.                O.P.2 has sent a notice No. 67/MIG/Dev Plots/EE-KNL/12/1907 dt.                      26-12-2012 to the Complainant stating that he has been allotted the schedule plot No. 67 measuring 213.88 Sq.yards fixing final cost of the plot as Rs. 2,65,000/-.  Further the said notice the O.P.2 asked the Complainant to send Rs. 500/- for the agreement from to conclude the agreement of sale with the A.P. Housing Board.  In the said letter it is further mentioned that after concluding the agreement with A.P. Housing Board the file will be sent to Head Office seeking orders to register the plot.  On seeing the said notice the Complainant has paid Rs. 500/- in E-seva on 11-1-2013 and sent receipt of the same to O.P.2 along with a letter asking the O.P.2 to send the form of agreement to conclude the sale agreement.  The Complainant  after perusing the conditions in the agreement he would pay the balance installments of the plot amount, but the O.P.2 received the amount for agreement form, but he does not send the agreement form for one and half years the reasons best known to him. 

4.                The Complainant sent a letter to O.P.2 on 27-10-2014 under Right of Information Act asking O.P.2 about the status of sending the agreement form to the Complainant and on receiving the said letter O.P.2 has responded and sent reply letter No. 670/0..plot/PDTR/EE(H)/KNL/14/5197, dt. 11-11-2014 along with agreement form in that letter O.P.2 stated that, “the agreement for sale not supplied to the Complainant even though he has paid cost of agreement due to non – receipt of balance cost of the schedule plot” and he further asked for payment of balance two installments along with interest and asked to send filled agreement form along with the balance installments but prior to this letter they never asked the Complainant for payment of balance installments and the reason for not sending the agreement form not known.  The Complainant got issued legal notice dt. 25-11-2014 to O.P.2 on giving explanation that, the O.P.2 made delay in sending the agreement form.  Prior to this notice the O.P.2 did not send any demand notice for the balance installments and not informed to the Complainant and he will be liable to pay the interest for the delay in paying the installments.  Hence, the Complainant is not liable to pay interest.   

5.                As per letter dt. 11-11-2014 the Complainant has paid the balance two installments amount of Rs. 1,59,000/- through D.D. No. 924490, dt. 11-12-2014 to be drawn at SBI Yerraguntla branch and sent the same along with filled agreement form to O.P.2 on 12-12-2014 and he has received the same and issued receipt No. 1328, dt. 18-12-2014  for the said amount. As such the Complainant has paid the entire schedule plot amount of Rs. 2,65,000/- to the O.P.2 on 18-12-2014 and waiting for call from them for registration for the schedule plot on the name of the Complainant.   Then surprisingly the O.P.2 sent final notice No. 67/MIGI-0,Plot/PDTR/EM3/EE(H)/KNL/14/5628, DT. 30-12-2014  asking for payment of interest of Rs. 1,24,431/- with a warning that the allotment of schedule plot will be cancelled if the Complainant fail to pay the same.  On receiving the final notice the Complainant again sent reply notice through his advocate dt. 10-1-2015 to O.P.2  with a request to withdrawn the interest and register the schedule plot on his name as the Complainant paid entire plot amount.  The same served to O.P.2 and he gave reply through Lr. No. 67/MIG/Plot/PDTR/EE(H)/KNL/15/5733 dt. 24-1-2015 asking the Complainant to come to the office to get some signatures and also asked to pay the interest blaming the Complainant is a defaulter.  On receiving the same the Complainant give reply through his counsel dt. 3-2-2015 saying that the Complainant is not liable to pay the interest as there is no fault on the part of the Complainant and further asked for layout approvel, development work in the layout, conducting draw for allotment of plots etc., on the receiving the same O.P.2 gave reply with false information stating that he has sent letter to the Complainant to participate in the draw conducted by him. 

6.                Even after paying the entire cost of the schedule plot amount and even after continuous requests made by the Complainant the O.P.2 did not registered the schedule plot on the name of Complainant.  Finally vexing with their attitude got issued legal notice dt. 25-3-2015 to both the Opposite parties demanding for registration of the schedule plot on his name which was served on the Opposite parties?  The O.P.2 sent a reply letter No. 67/MIG-I/Plot/ DTR/EE(H)/KNL/15/71214 dt. 30-4-2015 threatening the Complainant with an intention to grab some more money stating that if the Complainant fail to pay the simple interest they would cancel the schedule plot and forfeit the entire amount paid by the Complainant to them and the Opposite parties did not come forward for registration of the schedule plot in the name of the Complainant.  Therefore, the Opposite parties have sown deficiency in their service and also made unfair trade practice on Complainant.  Hence, the Complaint.

7.                The Complainant therefore, prays that the Hon’ble forum be pleased t pass an orders in favour of Complainant and against the Opposite parties and also directing the Opposite parties (a) pass an order in favor of Complainant directing the Opposite parties to execute registered sale deed in favor Complainant pertaining to schedule property, (b) directing the Opposite parties to show the schedule plot in the layout with its boundaries and deliver the schedule plot to the Complainant, (c) Grant cost of                   Rs. 50,000/- and also grant of Rs. 1,00,000/- towards mental agony of the Complainant and (d) Grant such other and further reliefs as such the Hon’ble forum deems fit and proper under the circumstances of the case. 

8.                O.P.1 called absent and set exparte on 31-8-2016 and O.P.3 remained absent on 19-7-2016. 

9.                O.P.2 filed  counter that the complaint is not maintainable either in law or on facts of the case and denies all the allegations contained in the complaint except those that are specifically admitted him as true and the Complainant is put to strict proof of the facts alleged by him the complaint.

10.              The Complainant is not a consumer within the definition of section 2 (1) (d) of C.P. Act as he has neither purchased nay “goods” nor hired or availed of any “service” for consideration from this O.P.  a house being an immovable property Is not covered by the definition of the goods in section 2 (1) (d) of the C.P. Act R/w section 2  of the sale of goods act 1930, according to which goods includes only movable property and does not include immovable property.  Therefore, the transactions between the Complainant and Opposite parties being for the sale of immovable property it is not case of purchase of goods but it a case of purchase of immovable property and therefore, the Complainant not a consumer in respect of purchase of house which is an immovable property and is therefore, not goods.  As, there is no transaction for provision of any service the Complainant is not a consumer under 2 (1) (d) (ii) also.  Even assuming that the Complainant has availed of any services of the Opposite parties such service is free of cost and not for any consideration as the A.P. Housing board fixes the price of the plots at the actual cost without adding any profit.

11.              This O.P. denied all the allegations contained in para – 3 to 7 of the complaint.  The true facts is that the A.P. Housing Board has proposed to take up developed plots MIG, MIG-II and LIG plots (134 Plots) at Proddatur, Kadapa district in the year 2007 for allotment of plots to the General Public in the self financing scheme with repayment in 100% payment.   The Complainant also applied for allotment MIG – I (78 Nos) 213.88 Sq.yards plot at Proddatur, Kadapa district on 1-1-2008 along with DD bearing No. 508800 State Bank of india, dt. 1-1-2008 for Rs. 5,000/- towards registration  fee.  The A.P. Housing Board has allotted MIG plot at Proddatur vide letter dt. 8-12-2009 stated tha it is to inform that Sri M. Gurusekhar Reddy is selected for allotment of MIG plot at Proddatur under self financing scheme at the revised tentative cost of Rs. 2,65,000/-. 

12.              The allottee / Complainant shall be bound to accept the final cost as may be fixed by the A.P. Housing Board and to pay the difference and when asked for with interest from the due date of 4^th installment on completion of the scheme.   The allottee / Complainant shall also be bound to accept and pay the cost of excess land if any, over and above the standard area as may be fixed by the Board.  Hence, the O.P. is requested to Complainant to pay 10% revised tentative cost including the EMD paid for the said plot.  The Complainant applied for as detailed below by means of demand drafts drown in favour of Executive Engineer (Hg) A.P. Housing Board Kurnool within a month from the date of receipt of this allotment letter.

                   10% revised tentative cost                          Rs. 26,500/-

                   Less EMD paid along with application           Rs.   5,000/-

                   Balance payable                                           Rs. 21,500/-

Failure to pay the balance 10% revised tentative cost within the month from the date of receipt of this allotment letter will entail cancelation of allotment besides forfeiture of EMD paid.  Failure to pay other installments in time as shown in the schedule will entail cancellation of allotment with forfeiture of 10% of the notified cost.  The allotment letter issued in pursuance of terms and conditions stipulated in the A.P. Housing Board Act 1956 and A.P. Housing Board regulation 1997 and subject to changes that may be made from time to time.

13.              The vice chairman and Housing Commissioner, A.P. Housing Board, Hyderabad has fixed the final cost of Rs. 2,65,000/-.  The Deputy Executive Engineer (Hg) A.P. Housing Board Proddatur has prepared for the registration.  There is no excess / less land.  He has been assigned developed plot No. 67 measuring 213.88 Sq.yards at Proddatur in the drawl of lots held on 12-5-2011.  The final cost of the standard plot fixed by the A.P. Housing Board is Rs. 2,65,000/- vide letter dt.                     26-12-2012.  The Complainant entered agreement for lease cum sale agreement dt. 30-12-2104 with A.P. Housing Board.  As per the agreement the allottee has to pay any increase in the cost and interest as per condition No. 16, 17, 18 & 19 of agreement.  The allottee / Complainant has to pay four installments i.e.

The Complainant has to pay the delay down payment interest of Rs. 1,40,219/- and registration plans charged of Rs. 1000/-.  Total he has to pay an amount of              Rs. 1,41,219/- as on 31-10-2015.  The same was informed to the Complainant furnished under RTI Act 2005 vide letter dt. 6-10-2015 but the Complainant not paid the above amount.  After receive the above amount from the Complainant the O.P. file will be processed for registration of plot in his favour at his cost as per A.P. Housing Board rules and regulations.  The O.P.2 in his reply notices clearly mentioned this fact.  The Complainant knows all the facts and filed the vexatious complaint only for wrongful gain.The Complainant suppressed all these facts and filed false and vexatious Complainant to wrongful gain and harass the Opposite parties.  Entire cause of action created by the Complainant for filing this case. Entire allegations of the Complainant against the Opposite parties are false.  The Complainant accepted the all the condition of the Opposite parties and also executed an agreement in favour of the Opposite parties and Complainant abides by the conditions mentioned in the agreement.  If any breach of agreement by the Opposite parties the Complainant ought to have approach the civil court  for proper relief.  

14.              The Complainant with malafide intention filing this type of complaints to harass the Opposite parties.  The  Complainant earlier also field C.C. 32/2013 before Hon’ble forum and the Hon’ble forum dismissed the said complaint.  The Complainant personal grudge filing this complaint to  harass the Opposite parties. The Complainant filed this complaint with vague allegations hence he is not entitled for any relief mentioned din this complaint.  The Complainant did not approach the Hon’ble forum with bonafides and there is no sufficient cause as such the complaint is liable to be rejected in limine.   Hence, this Hon’ble forum has no jurisdiction to entertain the case.  The Complainant is false and frivolous and is liable to be dismissed with exemplary costs as per section 26 of the C.P. Act.  Hence, it is prayed that the Hon’ble forum may be pleased to dismiss the complaint against this O.P. with cost in the interest of justice.

15.              On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is eligible for compensation as        prayed by him or not?

                            ii.  Whether there is negligence or deficiency of service on the               part of the Opposite parties or not?

        iii.    To what relief?

16.              On behalf of complainant Exs. A1 to A26 were marked and on behalf of O.P.2 Exs. B1 to B3 were marked.       

17.              Point Nos. 1 & 2.   As seen from complaint, counter, Exhibits and record it is very clear that the Complainant had paid some amount for allotment of plot with the Opposite parties.  As seen from terms and conditions of the agreement as per condition No. 16, 17, 18 & 19 of agreement it is very clear that the Complainant / allottee is due of delay in payment of interest to the Opposite parties.  The same was informed to the Complainant / allottee under RTI Act 2005 dt. 6-10-2015.  As per conditions in sale agreement the rate will be fixed by A.P. Housing Board and the Complainant has to pay the difference amount with interest from the due to date of 4^th installment.  The Complainant had delayed in payments form first installment to 4^th installment.  As there is pending payment of delayed payment of interests the Opposite parties did not registered the plot in the name of the Complainant.  The terms and conditions are very clear in Exs. A6 and B1 and B2.  So as seen from the evidence on record and citations filed by the Complainant it is very clear that the Complainant has to pay the delayed payment interest to the Opposite parties.  If the Complainant paid full and final amount to the Opposite parties they are ready to register the plot in the name of the Complainant.  So there is no deficiency in service on the part of the Opposite parties 1 to 3.  The Complainant is not eligible for compensation as prayed by him. 

18.              Point No. 3. In the result the complaint is allowed, directing the Complainant to pay interest accrued for the delay down payment as per the terms of sale agreement to the Opposite parties and on such payment the Opposite parties are directed to execute registered sale deed in respect of schedule property within one month.  The Complainant is not entitled for the claim of mental agony and costs, as such those claims are disallowed.    

                   Dictated to the Stenographer,  transcribed by him, corrected and pronounced by us in the open Forum, this the 3rd November 2016.

MEMBER                                                                                              PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant :   NIL                                        For Opposite parties :            NIL

Exhibits marked for Complainant: -

 Ex: A1        Original Demand Survey Notification No. CE/376/E3/E.O./2007,

                   Dt. 1-12-2007 Published in Eenadu News Paper.

Ex: A2         Original Receipt No.7017 for Rs.5,000/- dated 1-1-2008 issued by opposite party no.2.

Ex: A3         Original Receipt No.054570 dated 7-1-2010 for Rs.215000/- issued by opposite party no.2.

Ex: A4         Original Receipt No.054905 dated 28-4-2010 for Rs.79,500/- issued by opposite party no.2.

Ex: A5         Original Receipt No.1328 dated 18-12-2014 for Rs.1,59,000/- issued by

                   opposite party no.2.

Ex: A6         Original allotment letter dated 7-12-2009 sent by opposite party no.2.

Ex: A7         Schedule plot  allotment notice no.67/M.I.G./Dev Plots/EE-KNL/12/1907,

                   dated 26-12-2012 sent by opposite party no.2.

Ex: A8         P/c of E-seva receipt for Rs.500/- dated 11-1-2013 sent for

                    agreement form to the opposite party no.2.

Ex: A9         Copy of the letter sent to opposite party no.2 under Right of Information Act dated 26-10-2014.

Ex: A10       Original reply letter no.67/0, Plot/PDTR/EE(H)/KNL/14/5197,

                   dated 11-11-2014 sent by opposite party no.2.               

Ex: A11       Office copy of Legal Notice dated 25-11-2014 sent to opposite party no.2.

Ex: A12       Original Postal receipt dated 25-11-2014.

Ex: A13       Original served acknowledgement.

Ex: A14       Copy of sale agreement.

 Ex: A15      Original Final Notice No.67/MIGI-O, Plot/PDTR/EM3/EE(H)/KNL 14/5628,

                   dated 30-12-2014 sent by opposite party no.2.

Ex: A16       Office copy of legal notice dated 10-1-2015.

Ex: A17       Original Postal Receipt.

Ex: A18       Original served acknowledgement.

Ex: A19       Original Lr. No.67/MIG PLOT/PDTR/EE(H)/KNL 15/5733,

                   dated 24-1-2015 sent by opposite party no.2.

Ex: A20       Office copy of legal  notice dated 3-2-2015.

Ex: A21       Rely letter no. 67/MIG Plot/PDTR/EE(h)/KNL/15/5889, Dated 19-2-2015

                   sent by opposite party no.2.

Ex: A22       Office copy of legal  notice dated 25-3-2015 sent to both opposite parties.

Ex: A23       Original Postal Receipts 2 in no.. dated 2-3-2015.

Ex: A24       Original postal acknowledgement served to opposite party no.1.

Ex: A25       Original postal acknowledgement served to opposite party no.2.

Ex: A26       Original Lr. No.67/MIG-1, PLOT/PDTR/EE(H)/KNL /7114,

                   dated 30-4-2015 sent by opposite party no.2.

Exhibits marked on behalf of the Opposite party No. 2  

Ex:B1          Attested Copy of Allotment letter dt. 7-12-2009.

Ex:B2          Attested copy of Lease cum sale agreement dt. 27-12-2014

Ex:B3          Attested copy of  Letter of the opposite party no.2 to the complainant,

                   Dt.30-12-14.

MEMBER                                                                                        PRESIDENT                                  

Copy to :-

1. Sri Y.V. Seshaiah, Advocate for Complainant.
2. Sri P. Sivasudarsan, Advocate for O.P.2.
3. The Vice Chairman and Housing Commissioner,

                                      Andhra Pradesh Housing Board, “Gruhakalpa”, M.J. road,                               

                                      Hyderabad – 500 001.

                                 4)  The Asst. Engineer, A.P. Housing Board, Putlampalli, Kadapa

B.V.P