State Consumer Disputes Redressal Commission
Sumathi Ravindran vs The Green Avenue Homes And Gardens, Rep ... on 14 January, 2015
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI PRESENT : HONBLE THIRU JUSTICE R.REGUPATHI PRESIDENT THIRU.A.K.ANNAMALAI JUDICIAL MEMBER
TMT.P.BAKIYAVATHI MEMBER C.C.NO.112/2014 DATED THIS THE 14th DAY OF JANUARY 2015 Date of filing : 11.08.2014 Date of order : 14.01.2015 Mrs.Sumathi Ravindran, W/o.Dr.M.Ravindran, No.7, Gangadeswarar Koil Street, M/s.V.Nandhakumar Purasawakam, Counsel for complainant Chennai 600084.
-vs-
1.The Green Avenue Homes and Gardens, Rep by its Proprietor D.Dinakaran, No.39, C.K.B.Dasan Road, Opposite parties 1 & 2 Opp.SIET boys matriculation School, Exparte Teynampet, Chennai 600 018.
2.Mr.D.Dinakaran, No.39, C.K.B.Dasan Road, Opp.SIET Boys Matriculation School, Teynampet, Chennai 600 018.
The complaint filed by the complainant before this commission against the opposite parties praying to direct the opposite parties to pay sum of Rs.36,80,803/- with 24% interest or alternatively to complete the construction of the villa of Ayanambakkam Village, Ambatore Taluk, Tiruvallur District and to pay a sum of Rs.8,83,402 by way of interest and to pay a sum of Rs.12,00,000/- towards loss, damages and compensation for the deprivation of the comfort and luxury of occupation of the villa and to pay a sum of Rs.25,00,000/- towards compensation of the injury, pain, suffering, and mental agony and with costs. This complaint coming before us for final hearing on 18.12.2014 and heard the arguments on the side of the complainant, and perused the records and passed the following order:
THIRU.A.K.ANNAMALAI, JUDICIAL MEMBER The complaint filed under Sec.17 of the Consumer Protection Act, 1986.
The complainant alleged deficiency against the opposite party claiming direction for to return the sum of Rs.36,80,643/- with 24% interest towards the amount paid for the construction of villa as per the agreement dated 2.5.2012 or alternatively directing the opposite party to complete the will as per the agreement condition and handed over the possession immediately also to pay a sum of Rs.8,83,402/- by way of interest from August 2013 to July 2014 for the sum of Rs.36,80,803/- and to pay Rs.12,00,000/- towards loss, damages compensation for the deprivation of the comfort and luxury of occupation for the villa to be handed over and to pay Rs.25,00,000/- as compensation for the injury, pain, suffering and mental agony and for costs.
2. The case of the complaint is briefly as follows:
The complainant at the instance of opposite parties representative attracted by their scheme at the Ayanambakkam village, for the sale of villas entered into an agreement for the purchase of villa with construction costs of building and undivided share in land for Rs.47,95,000/- to be handed over within 15 months from the date of agreement executed on 2.5.2009 for the construction of 1530 sq.ft on the undivided share of the land in808 sq.ft and the complainant had already paid a sum of Rs.10,00,000/- for registration of sale deed for the undivided land at Survey No.574/1, Ayanambakkam village, Plot No.3A, Centurian Avenue, Ayanambakkam, Ambattore Taluk, Tiruvallur District and since the complainant paid a sum of Rs.36,80,803/- towards the construction of villa and since the opposite party by their letter dated 1.12.2013 informing that they had discontinued their marketing arrangement with a company known as Artha and thereby admitting that there was no construction activity at the side and the contractor abandoned the project and by their e-mail letter dated 13.1.2014 informed that the entire completion of the project including common amenities will be handed over only by December 2015 which they have no right to decide unilaterally without amending the agreement dated 2.5.2012 and thereby alleging deficiency of service and filed a consumer complaint claiming the reliefs as above.
3. The opposite parties 1 and 2 have not turned up to participate in the proceedings inspite of notices served on them and hence they were called absent and remained absent and thereby they were set exparte on 14.11.2014.
4. In the complaint enquiry the complainant have filed her proof affidavit along with documents and on the side of the complainant documents Ex.A1 to A23 are permitted to be marked.
5. The points are for consideration :
1.Whether there was any deficiency or negligence on the part of the opposite parties in not handing over the proposed villa as per the agreement dated 2.5.2012 ?
2.Whether the complainant is entitled for the refund of Rs.36,80,803/- with 24% interest or alternatively directing the opposite parties to complete the construction of villa as per the promise and stipulations contained in the agreement dated 2.5.2012 and to handover immediately?
3.Whether the complainant is entitled for the sum of Rs.8,83,402/- towards interest from August 2013 to July 2014 for the amount of Rs.36,80,843/-?
4.Whether the complainant is entitled for Rs.12,00,000/-
towards loss and occupancy of the villa for one year from August 2012 till date of payment?
5.Whether the complainant entitled for a sum of Rs.25,00,000/- towards compensation for the injury, pain, sufferings and mental agony for the deficiency of service of the opposite parties due to failure of the performance of agreement dated 2.5.2012?
6.To what relief ?
6. POINT NOS.1 to 4 : In this complaint enquiry the complainant alleged that she had entered into an agreement dated 2.5.2012 under Ex.A2 for the construction of a villa at Ayanamabakkam village, Plot No.31, Centurian Avenue, Ambattore Taluk, Tiruvallur District to construct 1530 sq.ft on the undivided share of land of 808 sq.ft in survey No.574/1 for which she has paid Rs.10,00,000/- towards costs of the land registration for the undivided share under Ex.A4. Apart from this the complainant also paid Rs.36,80,803/- under various receipts for the construction of villa as per Ex.A5 to A8, A11, A12, A15, and A16. Further complainant contended that the opposite party informed that the contractor abandoned the project and the marketing representative also disowned the scheme for which he sent the Email letters Ex.A17 to A21 and in Ex.A22 E-mail letter, the opposite party informed that due to various reasons there was delay in project and the project with all common amenities will be handed over by December 2015 only. These details are not disputed or controvertered by the opposite parties either by their appearance in the proceedings or to agitate the same in this complaint enquiry and no reply was sent for the legal notice issued by the complainant under Ex.A23 and thereby the averments and the pleadings of the complainant are all stands unchallenged and it should be taken that the complainant case is proved. As far as the claim of the complainant is concerned that the complainant without asking for the refund of the land costs by surrendering the land covering undivided share of 808 sq.ft in which the proposed villa to be constructed claiming only for the refund of the construction costs alone with 24% interest and in the alternative for the direction to hand over the construction at an early date. In those circumstances we are of the view that as the opposite parties being builders doing business for profit offered to construct the villa with land costs expecting profits and the claim of the complainant only for refund of building costs by retaining the land which cost would be more at present than value at the time of registering of land. Hence we are of the view that we can consider the alternative prayer for giving direction to hand over the villa after construction and in case of delay to order necessary loss of occupation cost and interest for the payment already made suitably and accordingly these points are answered.
7. POINT NO.5: In this complaint enquiry the complainant apart from claiming the refund of costs of construction with 24% interest and Rs.12,00,000/- towards loss of occupancy and claimed another sum of Rs.25,00,000/- towards compensation for mental agony, sufferings and in deficiency on the part of the opposite parties and since we have decided in Point Nos.1 to 4 that the complainant is entitled for the construction and handing over the villa after completion within the fixed period and also to consider loss of occupancy or to pay interest for the refund of the amount already paid towards construction and by considering all these things the claim of Rs.25,00,000/- as compensation without any proper details without explaining how she is entitled for the same, we are of the view that the claim is exaggerate and we consider the deficiency of service and mental agony to the extent of Rs.1,00,000/- alone as compensation with costs of the proceedings and accordingly this point is answered.
8. POINT NO.6 : In view of the findings in Point Nos.1 to 5 the complaint is allowed in part with the following directions:
In the result, the complaint is allowed in part.
1) The opposite parties 1 and 2 are jointly and severally directed to complete the construction of villa measuring 1530 sq.ft in Survey No.574/1 of Ayanambakkam village, Plot No.3A, Centurian Avenue, Ambattore Taluk, Tiruvallur District as per the promise and stipulation under the agreement Ex.A2 dated 2.5.2012 on or before 31.7.2015 and to hand over to the completion with all amenities failing which directing the opposite parties to pay interest at the rate of 12% for the construction amount of Rs.36,80,803/- from August 2013 till possession is handed over and
2) also to pay Rs.1,00,000/- as compensation for mental agony, pain and sufferings caused to the complainant and
3) to pay Rs.10,000/- as costs.
The claim of Rs.12,00,000/-
towards loss, damages for luxury of occupation of villa is dismissed since the opposite parties are directed to pay interest for the construction amount of Rs.36,80,803/- from August 2013 and compensation for Rs.1,00,000/-.
P.BAKIYAVATHI A.K.ANNAMALAI R.REGUPATHI MEMBER (J) MEMBER PRESIDENT LIST OF DOCUMENTS FILED BY THE COMPLAINANT :
Sl.No Date Description Ex.A1 18.04.2012 Copy of Allotment letter issued by the opposite party Ex.A2 02.05.2012 Copy of Land development cum construction agreement between complainant and the opposite party Ex.A3 03.05.2012 Copy of Receipt for payment Ex.A4 04.05.2012 Copy of Sale deed executed in favour of the complainant Ex.A5 18.04.2012 Copy of Receipt for payment Ex.A6 03.05.2012 Copy of Receipt for payment Ex.A7 07.05.2012 Copy of Receipt for payment Ex.A8 03.10.2012 Copy of Receipt for payment Ex.A9 26.11.2012 Copy of Receipt for payment Ex.A10
09.01.2013 Copy of letter from opposite party to complainant Ex.A11 17.01.2013 Copy of Receipt for payment Ex.A12 04.03.2013 Copy of Receipt for payment Ex.A13 04.03.2013 Copy of payment summary issued by opposite party Ex.A14 27.09.2013 Copy of Tax demand letter issued by the opposite party Ex.A15 08.10.2013 Copy of Receipt for payment Ex.A16 08.10.2013 Copy of Receipt for payment Ex.A17 28.10.2013 Copy of Email sent by opposite party to complainant Ex.A18 04.11.2013 Copy of Email sent by the opposite party Ex.A19 01.12.2013 Copy of letter issued by Green Avenue Home and Gardens to the complainant Ex.A20 11.12.2013 Copy of Email issued by Artha to the complainant Ex.A21 20.12.2013 Copy of Email sent by the complainant to opposite party and acknowledgement Ex.A22 13.01.2014 Copy of Email sent by opposite party to the complainant Ex.A23 16.06.2014 Copy of Legal Notice issued by the complainant to opposite party with acknowledgement P.BAKIYAVATHI A.K.ANNAMALAI R.REGUPATHI MEMBER (J) MEMBER PRESIDENT