F.A. No. 992 of 2013. Case: Andhra Pradesh Rajiv Swagruha Corporation Vs A. Vikram Kumar. Andhra Pradesh State Consumer Disputes Redressal Commission

Case NumberF.A. No. 992 of 2013
Party NameAndhra Pradesh Rajiv Swagruha Corporation Vs A. Vikram Kumar
CounselFor Appellant: Mr. J. Prabhakar, Advocate and For Respondents: Party-in-Person
JudgesGopala Krishna Tamada, J. (President), T. Ashok Kumar and S. Bhujanga Rao, Members
IssueConsumer Law
CitationII (2014) CPJ 141 (AP)
Judgement DateApril 10, 2014
CourtAndhra Pradesh State Consumer Disputes Redressal Commission

Order:

Gopala Krishna Tamada, J. (President)

  1. A.P. Rajiv Swagruha Corporation is the appellant and this appeal is directed against the orders dated 3.6.2013 made in C.C. No. 3/2012 on the file of District Forum, Ranga Reddy District whereby the District Forum awarded interest at the rate of 18% p.a. as claimed by the complainant i.e. respondent herein. The brief facts which led the complainant to approach the District Forum are as under:

    The appellants are selling flats under Rajiv Swagruha Scheme and the respondent/complainant paid processing fee of Rs. 5,000 along with an application for two-bed room flat. Pursuant thereto, the appellant addressed a letter on 5.11.2008 informing the respondent that he was allotted a flat and the tentative, cost of the said flat would be Rs. 13,00,000 and the said amount should be paid in three instalments. According to the complainant, he paid the entire consideration as agreed upon but the opposite parties have not come forward to get the flat registered in his favour. Subsequently according to the complainant after a lapse of about 18 months, as the said flat was registered and in those circumstances, he was constrained to approach the District Forum claiming the interest as agreed upon.

  2. The appellants opposed the said complaint filed by the complainant stating that as per Clause No. 8 of the agreement of sale, the opposite parties shall deliver possession of the vacant schedule flat to the complainant or his nominee after the sale deed is registered on payment of total cost of the schedule flat including final cost as the said amount of Rs. 13.50 lakh. Though initially the tentative cost was fixed at Rs. 13 lakh later it was revised to Rs. 13.50 lakh. From a reading of the said agreement and as per the written version, it is only from the date of payment of final cost, the date of delivery shall be reckoned and when this date is taken into consideration, there is absolutely no delay in handing over possession. However, the District Forum having analysed the entire evidence on record, held that there is deficiency of service and the complainant is entitled to interest @ 18% p.a. as agreed upon and directed the opposite parties to pay the same.

    Heard.

    From a perusal of the documents and also the arguments advanced by the learned Counsel for the...

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