Sai Bhavani ,Sabbavarupuvari Street, Rajahmundry,

C.C.No.10/2008

Between:Maragani Hemalatha, W/o Sai Babu, 40 years,Motheywari Thota, Eluru, W G Dist. ..Complainant.
A N DJanachaitanya Housing Ltd , D.No.36-12-17, Sabbavarupuvari Street, Rajahmundry,Rep by C M D, Madala Sudhakar,Opposite party. This case is coming on 20.3.2009 .for final hearing before this Forum and upon perusing the complaint, and other material papers on hand and upon hearing the arguments of Sri A M S V Prasada Rao, Advocate for the complainant and Sri K S Lakshmi Narayana Advocate for the opposite party and having stood over for consideration till this day, this Forum has pronounced the following.
O R D E R(By Smt.H V Ramana, Member)This is a complaint filed under section.12 of the Consumer Protection Act, 1986 by the complainant to direct the opposite party to allot two plots each measuring 200 Sp Yds by receiving the amount of Rs.650/- per Sq Yd from the complainant and also to grant compensation and costs.2. The case of the complainant as set out in the complaint in brief is that, she joined as a member for purchase of two plots with the opposite party’s venture by name Sai Bhavani group on 20.11.2001 and 4.12.2001, the opposite party issued two passbooks bearing Nos.1108 and 1153. At the time of joining in the above said venture the opposite party promised to allot 200 Sqyds plot to every member. Having believing the same the complainant made payments to the opposite party under different dates. The complainant paid Rs.31,200/- under pass book No.1108 and Rs.32,000/- under pass book No.1153 respectively to the opposite party. The above said payments were duly endorsed in the passbooks issued by the opposite parties. When the complainant asked the opposite party to show the proposed plots to her, the opposite party refused to allot her the plot for Rs.650/- per sqyd and also stated that the complainant should pay an amount of Rs.1,000/- per square yard, but not the agreed rate of Rs.650/-. Inspite of several demands by the complainant the opposite party failed to show the plots and this complainant suffered a lot of mental agony. Hence, the complaint.3. The opposite party filed written version denying all the material allegations made by the complainant. The opposite party admitted that the complainant joined as a member in the Sai Bhavani venture and booked two plots on 20.11.2001 and 4.12.2001. The opposite party also admitted that they issued two passbooks bearing Nos.1108 and 1153 to the complainant and also signed the application with terms and conditions. The area of the each plot is 200 Sy yds and the value of the plot is Rs.1,40,000/- and the same should be paid in 50 installments. As per the terms of the scheme the complainant shall pay Rs.1200/- every month for 50 months. In addition to that the complainant shall pay Rs.16,000/- and at the time of joining the scheme and in the 6th month the member shall pay Rs.10,000/- special installment and she also should pay an amount of Rs.9,000/- in the 12,18,24,30,36,42 installments. The agreement between the parties is reciprocal in nature and order of priority is that at the first instance the complainant has to fulfill his part of contractual obligation. The complainant failed to pay the installment amount of the plot cost as per agreement and she paid only Rs.31,200/- and 32,000/- instead of Rs.1,30,000/- and Rs.1,40,000/-. As per clause 11 of terms and conditions, if the member fails to pay the installment amount three months continuously then this opposite party is entitled to cancel the membership. This opposite party is always ready to register the plot if the complainant fulfills his part of contract. The complainant never ready to fulfill the contract and she is a defaulter. Hence the opposite party prays the Honourable Forum to dismiss the complaint with costs.4. Exs.A.1 to A.8 has been marked on behalf of the complainant and Exs.B.1 to B.5 on behalf of the opposite party and no oral evidence has been adduced on either side.5.Heard both sides. Both parties filed written arguments.6.The points that arise for consideration are:1) Whether there is any deficiency in service on the part of the opposite party?2) Whether the complainant is entitled for any relief, If so, to what relief ?7.POINT NO.1: The Admitted facts in the case are that the complainant booked two plots with the opposite party and the opposite party issued two passbooks and the same were marked as Exs.A.1 and A.3. The opposite party also admitted that the complainant paid Rs.31,200/- and Rs.32,000/- and the said amounts were reflected both in Ex.A.1, A.3 and Ex.B.3, B.4 the statement of account. The complainant contended that the opposite party failed to register the plots even in spite of payment of Rs.31,200 and Rs.32,000/- respectively. The complainant approached the opposite party several times to show the plots allotted to her, but the opposite party refused to show the plots at the rate of Rs.650/- per square yard. She further contended that the opposite party demanded to pay Rs.1,000/- per Sq yard. The complainant is always ready with the money to register the plot if they calculate the cost of the plot at the rate of Rs.650/- per sq yard as mentioned in Exs.A.1 and A.3. The opposite party refused to receive the above said amount and failed to register the plots. The complainant also filed some of the receipts under Exs.A.2 and A.4 and also filed two letters received from the opposite party for payment of balance amount under Ex.A.5 and A.6. The complainant further contended that because of the behaviour of the opposite party she suffered a lot of mental agony and filed Exs.A.7 and A.8 medical receipts.The opposite parties filed the application forms signed by the complainant along with terms and conditions under Exs.B.1 and B.2. They also filed the state of account vide Exs.B.3 and B.4 and also filed approved layout plan of Sai Bhavani vide Ex.B.5. The complainant contended that she paid Rs.31,200/- and Rs.32,000/- for both the plots and also ready to pay the balance amount if the opposite party register the plots for Rs.650/- per sq yard. The complainant contended that the opposite party demanded Rs.1,000/- per sq yard, but she has not filed any document to that extent. The complainant herself filed Exs.A.5 and A.6, these documents shows that they demanded the balance amount as per the terms and conditions only and there is no enhanced amount. The complainant failed to prove this allegation. The complainant further contended that the opposite party failed to show the plots to her and she made several demands to the opposite party, but she failed to prove the same by filing any documentary evidence before this Forum. As per the material on record it shows that the complainant after paying her last installments to the opposite party, she never contacted the opposite party and paid any amounts to them. The complainant also relied on citations reported in AIR 1998 Supreme court, 3804 between M/s Arosan Enterprises Ltd Vs Union of India and another.AIR 2006 Supreme court, 151 between Amteswara Anand Vs Veerendra Mohan singh and others. The above said citations are not related to the present case as the complainant herself failed to pay the installments and approach the opposite party for registering the plots. The opposite party contended that they never asked the complainant to pay Rs.1,000/- per sq yard instead of Rs.650/- per sq yard. The complainant submitted the application duly signed by her and it also contains the terms and conditions. The complainant failed to pay the installment as per the terms and conditions. As per our observation the complainant failed to pay the installment amounts within the prescribed period as per the terms and conditions. Now at this belated stage she cannot blame the opposite party for deficiency in service and she is not entitled for damages. As per the discussion held supra; we are of the considered opinion that the complainant and the opposite party are at fault to fulfill their own obligations within the prescribed time. So that, the opposite party is directed to pay the deposited amounts to the complainant with interest.8. POINT NO.2: In the result, the complaint of the complainant is allowed in part directing the opposite party to pay Rs.31,200/-(Rupees thirty one thousand two hundred only) and Rs.32,000/-(Rupees thirty two thousand only) with interest @12% P.A from the date of last payment i.e on 21.8.2002 and 31.10.2002 respectively till the date of realization. The opposite party is further directed to pay Rs.1,000/-(Rupees one thousand only) towards costs.