BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD
C C No. of 2015
Between:
Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
HWPM Colony, Aswapuram (Post),
Khammam Dist., 507116 …. Complainant
And
1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)
4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Opposite Parties
COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002
The address for service of notices and summons if any on the complaint is that of their counsel Mr D Raji Reddy and Mr C Vijayashekar Reddy, Advocates, 4-1-371, 4th Floor, Kundas Estate, Beside Jaya International Hotel, Reddy Hostel Lane, Abids, Hyderabad.
For service of notices and summons, if any on the opposite parties, is that of on the addresses given in the cause title thereof.
BRIEF FACTS OF THE CASE:
1. It is submitted that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dt.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.
2. It is submitted that 1st to 3rd opposite parties made believed the complainant that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.
3. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties the complainant undertook agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 the complainant has paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parties No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.
4. The complainant had paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer the complainant.
5. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.
6. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by the complainant. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.
7. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.
8. The complainant submits that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.
9. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.
10. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.
11. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.
12. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .
Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 28.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months
1, 33, 056/-
–
1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering
10, 00, 000/-
– 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
–
4, 43, 520/-
7 Legal Charges 50, 000/- – 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-
Jurisdiction: That the Hon’ble Commission has got territorial as well as pecuniary jurisdiction to entertain the present dispute in terms of Section 17(1) a(i) & 2 of the Consumer Protection Act, 1986.
Cause of Action: The cause of action arose on 04.07.2009 when the complainant had entered into agreement of sale and on due date of hand over of the possession of the flat by December 2012 and issue of legal notice dt.__.09.2015 to the opposite parties and receipt of notice and the cause of action is subsisting and continuous as the claim of the complainant so far not paid by the opposite parties.
Limitation: The complaint is filed within the period of limitation as prescribed under Section 24 (a) of the Consumer Protection Act, 1986.
Court Fee: The total amount of compensation is Rs.62, 11, 417/- hence court fee of Rs.4, 000/- is paid as per prescribed under Rule 9A of the Consumer Protection Rules, 1987, by way of DD No. dt. Drawn on _______________, in favour of the Telangana State Consumer Disputes Redressal Commission, Hyderabad.
Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/-and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.
Hyderabad, COMPLAINANT
Date: .09.2015
Counsel for Complainant
V E R I F I C A T I O N
I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, do hereby state that the contents of this complaint are true and correct to best of our knowledge, belief and information, hence verified on this the day of September, 2015 at Hyderabad.
COMPLAINANT
LIST OF DOCUMENTS
01. Copy of Agreement of Sale dt.04.07.2009
02. Copy of Receipt No.03516 dt.23.06.2009
03. Copy of Receipt No.03584 dt.10.07.2009
04. Copy of Receipt No.03683 dt.12.09.2009
05. Copy of Home Loan Sanction letter dt.
06. Copy of Tripartite Agreement dt.12.09.2009
07. Office copy of legal notices dt. .09.2015 served on the opposite parties
08. Original copies of registered post receipts and acknowledgement cards and returned postal covers.
Hyderabad, COMPLAINANT
Dt. .09.2015
Counsel for Complainant.
BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD
C C No. of 2015
Between:
Nirbhaya Kumar Shah…. Complainant
And
M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties
COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002
Filed on: .09.2015
Filed by:
Mr D Raji Reddy
Mr C Vijayashekar Reddy,
Advocates,
Counsel for Complainants
Address:
4-1-371, 4th Floor,
Kundas Estate,
Beside Jaya International Hotel,
Reddy Hostel Lane,
Abids, Hyderabad
BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD
C C No. of 2015
Between:
Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
AWPM Colony, Aswapuram (Post),
Khammam Dist., 507 116 …. Petitioner/
Complainant
And
1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)
4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Respondents/
Opposite Parties
VERIFIED AFFIDAVIT
I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, aged about 60 years, Occ: Service, R/o.Q.No.E-38, HWPM Colony, Aswapuram (Post), Khammam Dist., having temporarily come down to Hyderabad, do hereby solemnly and sincerely state on oath as follows:
2. I am the petitioner herein and complainant in the main complaint as such well acquainted with the facts of the case.
3. I submit that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dtd.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.
4. I submit that 1st to 3rd opposite parties made believed me and the complainant No.2 that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.
5. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties, I entered into agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 I had paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parites No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.
6. I submit that I have paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer to me.
7. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.
8. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by me. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.
9. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.
10. I submit that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.
11. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.
12. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.
13. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.
14. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .
Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 23.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months
1, 33, 056/-
–
1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering
10, 00, 000/-
– 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
–
4, 43, 520/-
7 Legal Charges 50, 000/- – 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-
Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/- and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.
BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD
C C No. of 2015
Between:
Nirbhaya Kumar Shah …. Complainant
And
M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties
COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002
NATURE OF CLAIM
To direct the opposite parties No.1 to 3 to refund the sale consideration with interest and subsequent interest till the date of realization and award the compensation of Rs.62, 11, 417/- and also pay the legal charges of Rs.50, 000/- payable to the complainant
Nirbhaya Kumar Shah …. Complainant
And
M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081
And others ….. Opposite Parties
INDEX
Sl.
No. Description of the Document Date Page Nos.
01. Complaint
02. Affidavit
03. Copy of Agreement of Sale 04.07.2009
04. Copy of Receipt No.3516 23.06.2009
05. Copy of Receipt No.3584 10.07.2009
06. Copy of Receipt No.3683 12.09.2009
07. Copy of Home Loan Sanction letter
08. Copy of Tripartite Agreement 12.09.2009
09. Office copy of legal notices served on the opposite parties .09.2015
10. Original copies of registered post receipts and acknowledgement cards and returned postal covers
11. DD & Memo