State Consumer Disputes Redressal Commission
Sri Bathula Radha Krishna, S/O. ... vs 1. Smt. V. Sreevani W/O. V. Ramesh ... on 30 March, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL FORUM Telangana Complaint Case No. CC/15/2014 1. Sri Bathula Radha Krishna, S/o. Gopaiah, Aged 49 Years, Occ: Govt. Employee, R/o. H.No.3-5-4/1, Plot No.23, Road No.9, Vibekananda Nagar Colony, Kukatpally, Hyderabad-500 072, A.P. ...........Complainant(s) Versus 1. 1. Smt. V. Sreevani W/o. V. Ramesh Chandra, Aged 38 Years, Occ: Business, Partner of M/s. Victory Developers, Office at Plot No.7, Vivekananda Nagar Colony, Kakatpally, Hyderabad-500 072. 2. 2. Smt. B.P. Meena W/o. B. Shiva Reddy Age about 44 years, Occ: House wife, R/o. Plot No.44, Medical Society, Vivekananda Nagar Colony, Kukatpally, Hyderabad-500 072. 3. 3. Smt. V. Bhagya Sree, W/o. V.Venugopal, Aged about 43 Years, Occ: Housewife, R/o. H.No.3-6-44/8/2, Plot No.41, Vivekanand Nagar Colony, Kukatpally, Hyderabad-500 072. ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE B. N. RAO NALLA PRESIDENT HON'BLE MR. Sri. PATIL VITHAL RAO JUDICIAL MEMBER For the Complainant: For the Opp. Party: Dated : 30 Mar 2017 Final Order / Judgement STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA : AT HYDERABAD CC NO.15 OF 2014 Between : Sri Bathula Radha Krishna S/o Gopaiah, Aged 49 years, occ: Government employee, R/o H.No.3-5-4/1, Plot No.23, Road No.9, Vivekananda Nagar Colony, Kukatpally, Hyderabad - 500 072. Complainant And 1) V.Sreevani W/o V.Ramesh Chandra, Aged 38 years, Occ: Business, Partner of M/s Victory Developers, Office at Plot No.7, Vivekananda Nagar Colony, Kukatpally, Hyderabad-500 072. 2) B.P.Meena W/o B.Shiva Reddy, Aged about 44 years, occ: Housewife, R/o Plot No.44, Medical Society, Vivekananda Nagar Colony, Kukatpally, Hyderabad - 500 072. 3) V.Bhagya Sree W/o V.Venugopal, Aged about 43 years, Occ: Housewife, R/o H.No.3-6-44/8/2, Plot No.41, Vivekananda Nagar Colony, Kukatpally, Hyderabad - 500 072. Opposite parties Counsel for the Complainants : Sri S.Vinay Shankar Counsel for the Opposite parties : Served with notice Coram : Hon'ble Sri Justice B.N.Rao Nalla, President & Sri Patil Vithal Rao, Member
Thursday, the Thirtieth day of March Two thousand Seventeen Oral Order : (per Hon'ble Sri Justice B.N.Rao Nalla, President) *** This is a complaint filed under Section 17(1)(a)(i) of the Consumer Protection Act, 1986 by the Complainant complaining deficiency in service on the part of the Opposite parties and seeking direction to refund the sum of Rs.15,00,000/- to be paid by the Opposite parties to the complainant for construction of flat with interest @ 12% p.a. till realization; to pay damages for harassment, physical strain, mental agony, etc., assessed at Rs.15,00,000/-; a sum of Rs.45,00,000/- which includes reimbursement of construction cost and the compensation; to award cost of the proceeding.
2. The case of the complainant, in brief, is that the complainant purchased semi-finished entire fourth floor of "Hima Bindu Residency" admeasuring 2000 sq.fet (including common areas and car parking) along with undivided share of land 50 sq. yds (out of 252 sq.yds) constructed on plot No.8 part (173 sq. yds) in Sy.No.58 and open land (79 sq.yds) in Sy.No.57, total admeasuring 252 sq.yds, situated at Rest of the area, Baghameeri village, GHMC Kukatpally circle, Balanagar mandal, Rangareddy district from the Ops 1 to 3 by way of sale deed dated 28.11.2011 registered as document No.5282/2011.
3. The Ops made believe the complainant that they are intending to construct total 5 flats consisting of five floors and for the said purpose, they entered into a Development Agreement and gave the same for development and that the Ops are entitled to two flats i.e., two floors and the developer is entitled to have three flats i.e., three floors, believing the same, complainant purchased the flat. The Ops offered to provide the amenities both internal and external, but in collusion with the developer they failed to fulfil any of the promises and even failed to commence the development works. The complainant, altogether paid Rs.23,00,000/- towards cost of the land and development charges to the Ops.
4. The repeated requests of complainant fell on the deaf-ears of the Ops and they failed to commence the development works, which compelled him to spend Rs.9,00,000/- for carrying out the interior works, bathroom fittings, doors and electricity fittings, sanitary works, wood furnishings, kitchen fittings and furnishings and plastering by purchasing the material himself, engaging labour. As the Ops failed to provide other common amenities, complainant suffered loss and is not in a position to occupy the possession of the flat. These acts on the part of the Ops amount to deficiency in service.
5. Complainant persistently approached the Ops and reminded them to carry-on the development works, but of no avail. Though more than considerable time had elapsed, the Ops failed to attend the works. Hence the complaint with the reliefs, as stated supra, at paragraph No.1.
6. The notices sent on the address of the Opposite parties 1 and 2 was returned as 'not claimed' and in which circumstance, they were deemed to be served and the notice sent on the Opposite party No.3 is returned as 'left'. Hence, publication was caused in "Eenadu" telugu daily of Kukatpally edition. None of the Opposite parties have made their appearance and entered their defence.
7. On his behalf, the Complainant filed his affidavit evidence and the documents Exs.A1 to A80.
8. The points that arise for consideration are :
i) Whether the complaint of Complainant is barred by limitation as provided under Section 24A of the Consumer Protection Act?
ii) Whether there is any 'deficiency in service' on the part of the Opposite parties and whether the Complainant is entitled for the reliefs as prayed for?
iii) To what relief ?
9. POINTS No.1 AND 2: It is the case of the complainant that the Ops made believe him that the Ops are intending to construct total 5 flats consisting of five floors and had entered into Development Agreement with the builder. Basing on the same assurance, the complainant purchased the semi-finished flat on 4th floor consisting of 2000 sq.ft. and a sale deed was executed to that extent. The complainant would further contend that he paid a sum of Rs.23,00,000/- lakhs towards cost of the land and development charges and the Ops failed to provide transformer; generator, separate electric meter, water tank, painting to the building, occupation certificate, separate electricity and water bills, car parking, left the electrical wires near staircase at ground floor, septic tank uncovered, polishing of stair-case steps, leak proof of front elevation glass fitments.
10. As the Ops failed to carry-out the development works, the complainant himself carried out the interior works such as bathroom fittings, doors and electricity fittings, sanitary works, wood furnishings, kitchen fittings and furnishings and plastering by purchasing materials from outside by incurring the transportation charges of the items and the labour charges, for which, he had incurred Rs.9,00,000/-. In support of his claim, the complainant filed as much as Ex.A1 to A80 documents.
11. Ex.A1 is the complaint of the complainant. Ex.A2 is the copy of regulation and penalization proceedings of the building where the subject flat is located, issued by the Deputy Commissioner, GHMC, Kukatpally. Ex.A3 is the agreement of sale, dated 16.02.2011, Ex.A4 is the agreement of construction dated 16.02.2011. Ex.A5 is the cheque for Rs.4,00,000/- dated 02.07.2011 issued in favour of Victory Developers. Ex.A6 is the home loan sanction proceedings for Rs.28,75,000/-, dated 12.07.2011. Ex.A7, A8; A11 to A19; A21 to A24; A26 to A55; A57 to A68 and A70 to A79 are the copies of various bills showing purchase of various items for internal works. Ex.A9 is the cheque for Rs.6,07,000/- dated 03.10.2011 in favour of Victory Developers, Hyderabad. Ex.A10 is another home loan sanction proceeding dated 17.10.2011 for Rs.28,75,000/-. Ex.A20 is the sale deed dated 28.11.2011. Ex.A25 is the encumbrance certificate of the subject flat, for the period 24.03.1994 to 05.01.2012. Ex.A56 is the repayment certificate showing payment of loan instalments to the LIC Housing Finance Limited. Ex.A69 is the electricity bill for Rs.200/- on the name of M/s Victory Developers. Ex.A80 are the photographs showing the works carried-out by the complainant in the subject flat.
12. A perusal of Ex.A3 agreement of sale dated 16.02.2011 goes to show that the complainant agreed to purchase the subject flat in semi-finished condition for a consideration of Rs.30,32,000/- and thereby paid an amount of Rs.10,00,000/- and agreed to pay the balance sale consideration of Rs.20,32,000/- at the time of registration. This agreement is entered into by the land owners viz., B.P. Meena and V.Bhagya Sree i.e., Opposite parties 1 and 2 herein through their GPA holder M/s Victory Developers, represented by its partner V.Sreevani. Ex.A4 is the copy of agreement of construction dated 16th February. This agreement is entered into by the Complainant with the developer M/s Victory Developers for construction of flat with plastering, doors, windows, kitchen, toilets, plumbing, flooring, electrification, painting and grills agreeing to pay a sum of Rs.23,68,000/- in respect of the subject flat. Ex.A20 is the copy of sale deed dated 28.11.2011 registered as document No.5282/2011 in respect of the sale of semi-finished flat which is the subject matter of this complaint. This sale deed is executed by B.P.Meena and V.Bhagya Sree as owners of the land represented through their GPA holder M/s Victory Developers, rep. by its partner V.Sreevani on one side and M/s Victory Developers, rep. by its partner V.Sreevani as developer on the other side, conveying the semi-finished flat in favour of the complainant for a total consideration of Rs.30,32,000/- which the complainant paid the same through cheque No.944100 dt.25.11.2011, a sum of Rs.24,25,600/- and Rs.6,06,400/- by cash. Thus, altogether the complainant paid a sum of Rs.30,32,000/- covered by sale deed under Ex.A20; Rs.10,00,000/- under Agreement of sale under Ex.A3 and Rs.4,00,000/- under Ex.A5 and Rs.6,07,000/- under ex.A9, total amounting to Rs.50,39,000/- but he got mentioned in the complaint as Rs.23,00,000/- only. Not even a single word is whispered as regards payment of the above monies. The version of the complainant is contradicting to the documents brought on record.
13. Admittedly, there is no dispute at all from the side of the Opposite parties since they failed to enter into defence. For the reasons best known, the complainant did not make the developer as party to the complaint. However, no reasons are assigned as to how the complaint is maintainable against the Opposite party No.3. Nowhere in the Ex.A3 agreement of sale or in Ex.A20 sale deed, there is a promise on the part of the Opposite parties 1 and 2 herein or the developer M/s Victory Developers to provide amenities as contended by the complainant in his complaint except in the Agreement of Construction made under Ex.A4 dated 16th February. Admittedly, the complainant paid the amount of Rs.10,00,000/- under Ex.A3 in cash and Rs.4,00,000/-to Victory Developers under Ex.A5 and Rs.6,07,000/- to Victory Developers under Ex.A9. Having knowledge of these payments, for the reasons best known, the complainant failed to make the Victory Developers as a party to the proceeding to enforce the terms and conditions under Ex.A4 agreement of construction.
14. Admittedly, the complaint is filed on 21.01.2014 to enforce the terms of the agreement of sale and agreement of construction entered into on 16.02.2011 and the sale deed entered into on 28.11.2011. No notice or demand was made by the complainant in interregnum. In this regard, we may state that the complainant ought to have filed his complaint within a period of 2 years from the date of cause of action, as provided under Section 24A of the Consumer Protection Act, which he failed to. Be that as it may, no reasons are assigned in the complaint as to how the Opposite parties 1 and 2 are liable to comply with the demand of the complainant. We may further state that the complaint is not maintainable against the Opposite party No.3 in her individual capacity. Viewed from any angle, the complaint is barred by limitation and there is no deficiency in service on the part of the Opposite parties 1 and 2 as is evident from the documents brought on record. For the foregoing reasons, we answer the points No.1 and 2 framed for consideration at paragraph No.8 against the complainant and in favour of the Opposite parties.
15. POINT No.3: In the result, the complaint fails and is accordingly dismissed but in the circumstances, no costs.
PRESIDENT MEMBER Dated: 30.03.2017 APPENDIX OF EVIDENCE WITNESSES EXAMINED For Complainant : For Opposite parties : Affidavit evidence of Bathula NONE Radha Krishna, as PW1. EXHIBITS MARKED For Complainant : Ex.A1 is the complaint of the complainant.
Ex.A2 copy of regulation and penalization of unauthorized construction proceedings, dated 12.07.2010.
Ex.A3 is copy of the Agreement of sale, dated 16.02.2011 entered into by the Ops 1 and 2 through their GPA holder in favour of the Complainant.
Ex.A4 is copy of Agreement of Construction dated 16th February entered into by M/s Victory Developers through its partner Smt.V.Sreevani with the complainant.
Ex.A5 is copy of the cheque dated 02.07.2011 bearing No.320097, for Rs.4,00,000/- of State Bank of Hyderabad, in favour of Victory Developers.
Ex.A6 is copy of Housing Loan sanction proceedings dated 12.07.2011 for Rs.28,75,000/- in favour of the complainant.
Ex.A7 is copy of the bill for Rs.1550/-, dated 25.08.2011 issued by Ganesh Electricals.
Ex.A8 is copy of bill for Rs.18570/-, dated 07.09.2011 issued by Charitha Marble Center, Hyderabad.
Ex.A9 is copy of bankers' cheque bearing No.905969, dated 03.10.2011 for Rs.6,07,000/- of State Bank of Hyderabad, in favour of Victory Developers, Hyderabad.
Ex.A10 is the copy of Housing Loan sanction proceedings dated 17.10.2011 for Rs.28,75,000/-, in favour of the complainant.
Ex.A11 is the copy of bill for Rs.41,540/- dated 04.11.2011 issued by Sri Sai Srinivasa Timber Depot.
Ex.A12 is the copy of bill for Rs.60/-, dated 10.11.2011 issued by Hanuman shop, Kukatpally, Hyderabad.
Ex.A13 is the copy of bill for Rs.3900/-, dated 10.11.2011 issued by Jai Tulja Bhavani Building Material Suppliers.
Ex.A14 is the copy of bill for Rs.1410/-, dated 19.11.2011 issued by Ramakrishna Enterprises, Hyderabad.
Ex.A15 is copy of delivery challan No.202, dated 19.11.2011 for Rs.20,210/- issued by Archana Ceramic Tiles.
Ex.A16 is copy of delivery challan No.203, dated 19.11.2011 for Rs.2200/- issued by Archana Ceramic Tiles.
Ex.A17 is copy of delivery challan No.201, dated 19.11.2011 for Rs.41,685/- issued by Archana Ceramic Tiles.
Ex.A18 is copy of invoice No.158, dated 23.11.2011 for Rs.23,200/- issued by Sri Sai Srinivasa Timber Depot, Hyderabad.
Ex.A19 is copy of delivery challan No.238, dated 24.11.2011 for Rs.2080/- issued by Archana Ceramic Tiles, Hyderabad.
Ex.A20 is copy of the sale deed dated 28.11.2011 registered as document No.5282 of 2011 in the office of Sub-Registrar, Kukatpally.
Ex.A21 is the copy of Invoice No.179, dated 12.12.2011 for Rs.20600/- issued by Sri Sai Srinivasa Timber Depot, Hyderabad.
Ex.A22 is the copy of bill dated 12.12.2011 for Rs.3040/- issued by Dhanalaxmi Plywood.
Ex.A23 is the copy of tax invoice bearing No.413, dated 27.12.2011 for Rs.11,450/- issued by Sri Tulsi Granites & Marbles, Hyderabad.
Ex.A24 is the copy of bill dated 29.12.2011 for Rs.670/-, issued by Sri Bhawani Electrical Hardware & Paints.
Ex.A25 is the copy of certificate of encumbrance of the subject property, covering the period from 24.03.1994 to 05.01.2012, issued by the Sub-Registrar, Kukatpally.
Ex.A26 is the copy of bill dated 09.01.2012 for Rs.34,500/-.
Ex.A27 is the copy of bill dated 12.01.2012 for Rs.1995/-, issued by Hanuman, Hyderabad.
Ex.A28 is the copy of bill dated 12.01.2012 for Rs.206/- issued by Hanuman, Hyderabad.
Ex.A29 is the copy of bill dated 16.01.2012 for Rs.25,500/- issued by Charitha Marble Center, Hyderabad.
Ex.A30 is the copy of bill dated 19.01.2012 for Rs.2970/- issued by Hanuman, Hyderabad.
Ex.A31 is the copy of delivery challan No.507, dated 28.01.2012 for Rs.3060/- issued by Archana Ceramic Tiles, Hyderabad.
Ex.A32 is the copy of bill dated 06.02.2012 for Rs.66,683/-.
Ex.A33 is the copy of bill dated 11.02.2012 for Rs.1680/- issued by Hanuman, Hyd.
Ex.A34 is the copy of bill dated 15.02.2012 for Rs.2915/-.
Ex.A35 is the copy of bill dated 07.03.2012 for Rs.39,000/- issued by Dhanalaxmi Plywood.
Ex.A36 is the copy of bill dated 07.03.2012 for Rs.2505/- issued by Durga Sai Agencies, Hyderabad.
Ex.A37 is the copy of bill dated 09.03.2012 for Rs.315/- issued by Sri Bhawani Electrical Hardware & Paints, Hyderabad.
Ex.A38 is the copy of delivery challan No.4189, dated 31.03.2012 for rs.1820/- issued by Srinivasa Paints, Hyderabad.
Ex.A39 is the copy of bill dated 16.04.2012 for Rs.2074/- issued by the Laxmi Mouldings, Hyderabad.
Ex.A40 is the copy of Invoice No.129,d dated 27.04.2012 for Rs.25,000/- issued by Sree Timbers & Saw Mills, Medak.
Ex.A41 is the copy of bill dated 21.05.2012 for Rs.349/- issued by Sri Rama Plywood & Hardwares, Hyderabad.
Ex.A42 is the copy of bill dated 07.06.2012 for Rs.7700/- issued by Laxmi Moulding, Hyderabad.
Ex.A43 is the bill dated 11.06.2012 for Rs.65,240/-.
Ex.A44 is the copy of bill dated 17.06.2012 for Rs.5185/-.
Ex.A45 is the copy of bill dated 20.06.2012 for Rs.16,765/- issued by Ramdev Modular Kitchen & Furniture House, Hyderabad.
Ex.A46 is the copy of bill dated 26.06.2012 for Rs.2100/- issued by Laxmi Moulding.
Ex.A47 is the copy of bill dated 28.06.2012 for Rs.710/- issued by M/s Sai Koushik Traders, Kukatpally, Hyderabad.
Ex.A48 is the copy of bill dated 29.06.2012 for Rs.2610/- issued by Laxmi Moulding, Hyderabad.
Ex.A49 is the copy of bill dated 01.07.2012 for Rs.3300/- issued by M/s Sai Koushik Traders, Hyderabad.
Ex.A50 is the copy of bill dated 03.07.2012 for Rs.1750/- issued by Gourat Marketing, Hyderabad.
Ex.A51 is the copy of bill dated 12.07.2012 for Rs.1050/- issued by Sri Bhavani Electrical Hardware & Paints, Hyderabad.
Ex.A52 is the copy of bill dated 13.07.2012 for Rs.3500/- issued by Ramdev Modular Kitchen & Furniture House, Hyderabad.
Ex.A53 is the copy of bill dated 19.07.2012 for Rs.1,28,908/-.
Ex.A54 is the copy of bill dated 20.07.2012 for Rs.7073/- issued by Ramdev Modular Kitchen & Furniture House, Hyderabad.
Ex.A55 is the copy of bill dated 02.08.2012 for Rs.6200/-.
Ex.A56 is the copy of Repayment Certificate, dated 13.08.2012 issued by LIC Housing Finance Ltd., showing payment of principal and interest for 2012-2013.
Ex.A57 is the copy of bill dated 16.08.2012 for Rs.975/- issued by Sri Bhavani Electrical Hardware & Paints, Hyderabad.
Ex.A58 is the copy of bill dated 18.08.2012 for Rs.4950/- issued by Electrical Hardware Paints & Sanitary, Hyderabad.
Ex.A59 is the copy of bill dated 04.09.2012 for Rs.80/- issued by Sri Bhavani Electrical Hardware & Paints, Hyderabad.
Ex.A60 is the copy of bill dated 04.09.2012 for Rs.660/-.
Ex.A61 is the copy of bill dated 16.09.2012 for Rs.225/-.
Ex.A62 is the copy of bill dated 21.09.2012 for Rs.100/- issued by Gaurav Traders, Hyderabad.
Ex.A63 is the copy of bill dated 21.09.2012 for Rs.4150/-, issued by Laxmi Mouldings, Hyderabad.
Ex.A64 is the copy of bill dated 26.09.2012 for Rs.180/- issued by Choudhary Plywood, Hyderabad.
Ex.A65 is the copy of bill dated 27.09.2012 for Rs.2200/- issued by Gaurav Enterprises, Hyderabad.
Ex.A66 is the copy of bill dated 04.10.2012 for Rs.14,080/- issued by Sree Ram Plywood & Hardware, Hyderabad.
Ex.A67 is the copy of bill dated 09.10.2012 for Rs.648/- issued by Gaurav Enterprises, Hyderabad.
Ex.A68 is the copy of bill dated 09.10.2012 for Rs.29,904/- issued by Sree Ram Plywood and Hardware, Hyderabad.
Ex.A69 is the copy of electricity bill for Rs.200/-.
Ex.A70 is the copy of bill dated 22.11.2012 for Rs.48,412/- issued by Gaurav Bath World, Hyderabad.
Ex.A71 is the copy of bill dated 22.11.2012 for Rs.14,491/- issued by Gaurav Enterprises, Hyderabad.
Ex.A72 is the copy of bill dated 30.11.2012 for Rs.4352/- issued by Dhanalaxmi Plywood, Hyderabad.
Ex.A73 is the copy of bill dated 02.12.2012 for Rs.52,000/- issued by Sri Shiva Parvathi Glass World, Hyderabad.
Ex.A74 is the copy of bill dated 03.12.2012 for Rs.2347/- issued by Dhanalaxmi Plywood, Hyderabad.
Ex.A75 is the copy of bill dated 03.02.2013 for Rs.2345/- issued by Dhanalaxmi Plywood, Hyderabad.
Ex.A76 is the copy of delivery challan dated 03.12.2012 for Rs.10060/- issued by Archana Ceramic Tiles, Hyderabad.
Ex.A77 is the copy of bill dated 08.12.2012 for Rs.21,710/- issued by Durga Sai Agencies, Hyderabad.
Ex.A78 is the copy of bill dated 08.12.2011 for Rs.10000/- issued by Sri Sai Srinivasa Timber Depot, Hyderabad.
Ex.A79 is the copy of bill dated 09.12.2012 for Rs.1676/- issued by Sri Bhavani Electrical, Hardware & Paints, Hyderabad.
Ex.A80 are the photographs showing execution of various works by the complainant.
For Opposite parties :
NIL.
PRESIDENT MEMBER Dated: 30.03.2017 [HON'BLE MR. JUSTICE B. N. RAO NALLA] PRESIDENT [HON'BLE MR. Sri. PATIL VITHAL RAO] JUDICIAL MEMBER