A.S.RAMAN Vs. VANTAGE HOMES (P) LTD.
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VANTAGE HOMES (P) LTD.
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE case of the complainant is
that the opposite parties 2 and 3 who are husband and wife are doing real
estate business under the name and style of ˜Vantage Homes, They
offered plots in S. Nos. 101/A to 12 in Miyapur, R.R. District. The
complainant paid a sum of Rs. 3 lakhs towards sale consideration for two
plots bearing Nos. 424 and 425. He also paid Rs. 1,60,000/ - towards
registration, Municipal development, etc. But the opposite parties could
not convey the plots to the complainant as promised on some pretext or
the other. Hence he filed this complaint for recovery of the amount paid
by him together with interest at 24 per cent per annum and damages of Rs.
(2.) LAKHS . 2. In the counter -affidavit filed by the opposite parties not only payment of Rs. 4,60,000/ - by the complainant was denied, but stated that
they have issued receipts to the complainant for the said amount towards
security for obtaining loan from the institutions for doing share
business. They denied that any cheques were issued by them as alleged by
the complainant. There is no deficiency in service and hence the
complaint may be dismissed with exemplary costs. The complainant filed
his affidavit besides filing Exs. A -1 to A -20 while the opposite parties
filed the affidavit of the second opposite party besides filing Exs. B -1
and B -2.
(3.) THE point, therefore, that arises for consideration is whether there is any deficiency in service on the part of the opposite parties,
if so, to what relief, the complainant is entitled to?
The case of the complainant is very simple. The opposite parties 2 and 3 who are doing real estate business offered plots in S.
Nos. 101/A to 12 in Miyapur, R.R. District, Accordingly, the complai -nant
paid a sum of Rs. 3 lakhs towards plot Nos. 424 and 425 besides paying
Rs. 1,60,000/ - towards stamp and regist -ration charges as well as for
development of the land. He also filed Exs. A -1/and A -2 receipts issued
by the second opposite party stating that a sum of Rs. 25,000/ - is
received under each of those receipts for plot Nos. 424 and 425
respectively. They are dated 2.8.1995. On 10.9.1995 the complainant again
paid a sum of Rs. 50,000/ - towards plot No. 424, and on 15.9.1995 Rs.
75,000/ - towards Plot No. 425 and, obtained Exs. A -3 and A -4 receipts from the second opposite party. So also on 25.9.1995 a further sum of Rs.
75,000/ - was paid towards plot No. 424 and on 10.10.1995 Rs. 50,000/ - was paid towards plot Nos. 424 and 425 and the second opposite party issued
Exs. A -5 and A -6 receipts. All these receipts are stamped receipts and
they are issued from the receipt book of Vantage Homes Private Limited,
Hyderabad, the first opposite party. Added to this by their letter dated
2.8.1995 the first opposite party informed the complainant that plot No. 425 was allotted to him. The payment of Rs. 25,000/under Ex. A2 was also referred to therein alongwith receipt number. So also under Ex. A -8 dated
2.8.1995 the complainant was informed about the allotment of plot No. 424 and Ex. A -1 receipt bearing No. 077 was also referred to in the said
letter. Thus there is ample proof for payment of Rs. 3/ - lakhs by the
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