SECRETARY, VASIREDDY VENKATA SUNIL MEMORIAL SEVASHRAM Vs. UPPULURI NAMASSIVAYA

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is filed challenging the order of the District Forum, R.R. District in C.C.No.30 of 2006 whereof the appellant was directed to refund the amount of Rs.72,000/- and a sum of Rs.15,000/- towards compensation and costs of Rs.2,000/-.

(2.) The factual matrix of the case as narrated in the complaint is that the complainants being attracted with the publicity made by the opposite party by their brochure, paid an amount of Rs.50,000/- on 3.12.1999 for construction of a double bed room portion in the first floor of the opposite party sevashram. The complainants have paid amount of Rs.22,000/- on 26.5.2000 towards the deposit of which Rs.16,000/- was treated as general deposit and Rs.6000/- was being the furniture deposit. The opposite party assured the complainants that the amount collected from them would be deposited in a Nationalised Bank. The complainants used to get about 10% interest per annum on the amounts that were paid to the opposite parties. The cost of the proposed two bedroom portion is Rs.1,30,000/-. The construction of the two bedroom was not started even after lapse of six years. The opposite party has not taken any steps to start the construction work. The opposite party has allotted room no.7 in the ground floor to the complainants on adhoc basis. The opposite party collected exorbitant amount from the complainant for their stay at opposite party old age ashram. The amount was fixed at Rs.1200/- per month per person which was increased to Rs.2,300/- per month per person. The opposite party collected from the complainants electricity charges @ Rs.5/- per unit per month for about 60 to 80 units apart from the amount of Rs.2,300/- as also the pool money for general purposes @ Rs.600/- per month per individual.

(3.) There are 12 rooms and 20 inmates in the opposite party old age home. The opposite party has not provided the promised services and facilities in the old age home. The complainants being aged persons are dependent on others and they are unable to demand the opposite party to perform his obligation. The opposite party has introduced service charges at Rs.200/- per month for about 10 months. The complainants have refused to pay service charges but they have paid the other amounts till the month of November 2005. The complainants have spent Rs.1,000/- for the repairs of water distribution system and electrical repairs which the opposite party has not reimbursed to them. The complainants stayed in the old age home of the opposite party from the month of May 2002 to 10.11.2005. The opposite party represented to the complainants that the amount received from them and also from others was deposited in a bank. The opposite party had not disclosed the particulars of the account and expenditure and income of the old age home.