Sai Vishnu Phase-IIA

G.Sree Ramya, D/o. G. Velangini Rao, Hindu, aged 14 years, residing at Emmanual Street, Gnanapuram, Visakhapatnam . …ComplainantAnd: M/s. Janachaitanya Housing Ltd., Reptd. By its Managing Director, Sri M.Sudhakar, Hindu, aged 50 years, regional Office, Dwarakanagar, Visakhapatnam ... Opposite Parties: O R D E R :1. In the case of the complainant is that the opposite party is doing Real Estate Business at Visakhapatnam. The complainant being minor represented by her next friend, and natural guardian who submitted that the complainant joined the scheme in the year 2003 opted to purchase an extent of 200 Sq. Yards in Sai Vishnu Phase-IIA and that the opposite party issued pass book No.2483 and that he paid in all a sum of Rs.19,000/- and the representative of the complainant visited the opposite party for allotment of the House plot at Kothavalasa, Visakhapatnam and did not find any development in the said area and came to know that the opposite part did not make any efforts to develop the land and obtained any necessary approvals from the concerned officials and thus sought for refund of the amount of Rs.19,000/- along with interest at 24% p.a Rs.50,000/- towards compensation, Rs.10,000/- for damages and for costs.2. The opposite party filed the counter resisting the claim of the complainant and stated that the complainant has suppressed the material aspects so as to derive wrongful gain and the complainant is defaulter and liable to pay a sum of Rs.69,000/- and committed breach of contract. The opposite party sated that during the course of business they are procuring the lands and developing the same with their funds by launching the layout in scheme basis and that they have accomplished all legal formalities and strictly adhered to the contractual obligations. The opposite party reiterated that they have marketable title over the said lands and informing the progress of the lay out and if the member fails to pay successive monthly installments his/ her membership will be forfeited without any further notice and that they have incurred huge expenditure for materialization of the lay out and that such losses has to be compensated by the complainant and under defaulter’s cause the complainant has to forego the amounts paid etc. 3. The guardian of the complainant filed his affidavit, the opposite party reported no evidence. Heard both sides. The opposite party though stated that they have procured the lands is and complied with all legal formalities did not choose to file any documents to show the progress of the layout. Except the bald statement in the counter, the opposite party did not choose to file any documents in support of the same and in the case on hand the opposite party did not choose to corroborate their counter even by filing their affidavit. As per the scheme the layout has to be completed by May 2006 and we are in the year 2009 and more than three years has completed by now and yet the opposite party did not file any document to show even to the forum as to the exact position of the layout and as such the version of the complainant with respect to non development of the lay out go un-rebutted.4. Now can this failure of the opposite party to develop the lay out will entitle them to forfeit the amounts paid by the complainant. Admittedly as stated above, the opposite party did not place any material before us to show that they have in fact procured the lands and developed the same by incurring the expenditure and that be the so, the opposite party cannot forfeit any amount for their own lapses .It has been observed that realtors are in general procrastinating payments directed by this forum and virtually making them installment decrees. In these circumstances we feel in the interest of justice the refund of the amount with nominal interest at 9% p.a from 30-06-2004 would be meet the ends of justice if the opposite party pays the same within 60 days from the date of the order and in case the opposite party fails to pay the amount within the aforesaid period, the opposite party shall be liable to pay the deposited amount at 18% p.a from 30-06-2004.5. The complainant was deprived of the plot due to the non development of the layout by the opposite party and the amounts paid by the complainant was enjoyed by the opposite party all these years and considering the minimal amount paid by the complainant we feel awarding a sum of Rs.2,000/- towards compensation is just.6. In the result the complaint is allowed by directing the opposite party to pay Rs.19,000/- along with interest at 9% p.a from 30-06-2004 till payment within 60 days from the date of this order, failing which to pay same at the rate of 18% p.a from 30-06-2004 till payment. The opposite party is further directed to pay Rs.2,000/- towards compensation. Advocate fee is fixed at Rs.500/- only.