NARNE ESTATES PVT. LTD. Vs. VIJAYA KUMARI
LAWS(APCDRC)-2008-10-2
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 16,2008

NARNE ESTATES PVT. LTD. Appellant
VERSUS
VIJAYA KUMARI Respondents

JUDGEMENT

D.APPA RAO,J. - (1.) THIS is an appeal preferred by opposite party against the order of the Dist. Forum -III, Hyderabad in directing payment of Rs. 50,000 towards damages.
(2.) THE case of the complainant in brief is that she enrolled as a member in the venture floated by the appellant in the housing lay out at Bibinagar. She was allotted plot No. 90 in Sector EX, Block D admeasuring 250 sq.yds in East City Extension. As per the terms of the scheme total cost of the plot is Rs. 40,000 and initial amount of Rs. 5,000 is to be paid. The remaining amount is to be paid in 35 monthly instalments at Rs. 1,000 per month. Accordingly, she paid Rs. 5,000 on 10.1.1998 and all the instalments up to December, 2000. She received intimation in April, 2001 asking her to pay Rs. 43,750 towards development charges in 29 instalments at Rs. 1,500 per month. She paid the entire development charges by 19.2.2003. Despite payment of entire cost of site as well as development charges, appellant failed to deliver possession of the plot or register the plot in her favour. In fact, the appellant had taken necessary particulars required for registration such as photographs, thumb impressions, special power of attorney. It still failed to register the plot. Later, it sent a letter dated 28.10.2006 stating that the process of registration at East City has not begun and it had offered an alternative plot No. 53 in Sector -V. Since she was unwilling for the alternative plot she requested for cancellation of booking and refund of the amount along with interest and compensation. A reminder was also sent on 24.11.2006. Thereupon, the appellant had refunded Rs. 81,250 as against total sum of Rs. 83,750 alleging that a sum of Rs. 2,500 was deducted towards outstanding dues. In fact, non -payment of interest for the amount paid by her and deducting Rs. 2,500 on false grounds amounts to deficiency in service. Therefore, she prayed for compensation at the present market value amounting to Rs. 3,75,000 with interest @ 24% p.a., on the amount paid by her and refund of Rs. 2,500 deducted illegally and Rs. 50,000 towards compensation besides costs of Rs. 10,000.
(3.) THE appellant though engaged an advocate did not file its counter nor contested the matter. The complainant in proof of her case filed her affidavit evidence and Exs. A1 to A13.;


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