Case nº First Appeal No. 754 Of 2012, (Against the Order dated 25/07/2012 in Complaint No. 21/2012 of the State Commission Andhra Pradesh) of National Consumer Disputes Redressal Commission, January 09, 2013 (case 1. Aliens Developers P. Ltd. and Ors 2. Hari Challa 3. C.Venkat Prasanna Vs SGVSV Prasad Bhavana)
| Judge | For Appellant: Mr. K. Maruthi Rao, Advocate and For Respondents: Nemo |
| President | Mr. Ashok Bhan, President and Mrs. Vineeta Rai, Member |
| Resolution Date | January 09, 2013 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Respondent/complainant entered into an agreement with the appellant/opposite party for purchase of flat No.1441, floor No.14, Block No.7, Type-2 in M/s Aliens Space Station-I to be developed by the appellant and paid Rs.13.40,000/- against the total consideration of Rs.49,53,225/-. Appellant assured the respondent that the flat would be handed over to him on 02.04.2010 on payment of balance amount of Rs.38,75,225/-. Subsequently, without issuing any notice to the respondent allotment of the flat was cancelled. Respondent served a legal notice on the appellant which was not replied. Respondent being aggrieved filed the complaint alleging that the appellant had allotted the said flat to some other person. Respondent sought a direction to the appellant to refund the sum of Rs.13,40,000/- along with interest of Rs.19,47,000/- for the period from 03.10.2006 to 31.01.2012 besides compensation of Rs.10 Lac and costs of Rs.55,000/-.
Appellant despite service did not put in appearance before the State Commission.
State Commission taking the facts stated in the complaint duly supported by the evidence produced by the respondent, which remained uncontroverted and unrebutted, allowed the complaint and directed the appellant to refund the sum of Rs.13,40,000/- to the respondent along with interest @ 12% p.a. from the respective dates of payment till the date of realization along with compensation of Rs.1 Lac and costs of Rs.10,000/-. State Commission in its order has observed as under:
\6. The complainant reiterated the facts mentioned in the complaint and proved payment of amounts by filing a bunch of receipts marked as Ex.A2 besides the agreement marked as Ex.A1 wherein the flat was reserved for him. He also filed Ex.A3 office copy of the legal notice got issued by him and the acknowledgement thereof. Since the affidavit of the complainant was uncontroverted, and in the light of d0ocuments filed by the complainant, it is apparent that the opposite party builder had reserved the flat No.1441, floor No.14, Block No.7, type-2 comprising of 2191 sft built up area in their venture M/s Aliens Space Station-I situated at Tellapur village in Ranga Reddy district. Having agreed that it would complete the flat on or before 2.4.2010 and hand it over to the complainant, the opposite parties did not do so. They neither denied payment made by the complainant under the agreement nor the allegation that it had allotted the very same flat to some other...
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