Commission Redressal Dlsputes Before the state Consumer Protection Act, ²⁰¹⁹⁾ (constituted under the Consumer at Hyderabad Khairathabad Building, of Telangana, Eruvaka OF 2017 AGAINST CC NO.316 FA NO.365 Or 2020 HYDERABAD ON TIIE FILE OF DISTRICT FORUM-I1, ielwecn ) M/a Suchir Indin Ilra ^'Tech vt., Lld., by its Munaging Dircctor, Represchted Oflico at 50 13, Suchir Cupita, Journalist Colony, Jubilcc ^lills, Hyderabad- 500 096, Tclangana Statc

2 M/a Huchir Indin lnlra Toch ^{Pvt., Ltd.,} Ropresentcd ^{by its} Authoriscd ^Signatory Oflice at 50-13, Suchir Cupitul, Journalist Colony, Jubilec lills, Hyderabacd- 500 096, Tclanguna Stale .. . P etitioners/Opposite parties And

1) Kothu Ravikanth S/o Gopal Reddy, ugcd ubout 36 ycars, OccPvt., Service, Smt Chintham Sirishu

2)

W/o Kothu Ravikanth, uped about 36 ycars, Oce: Pvt., Service, Both R/o Flat No.506, Block-A,, Mugnum Opus Aparl1nent, Cyber Hills, ^{Roud No.2,} Guchibowli, Hydcrabad.

Both reprcscnted by ^their GPA ^holder Chinthum Brahmaanandu Reddy S/o ^{Krishna Reddy, aged} about 63 ycars, Occ: Retired cmployec, ^{R/o Flat No.506,} Block-A, Mugnum Opus Apartment, Cyber ^{Hills, Road No.2,} (lachibowli, Hyderabad.

.Respondents/Complainants Counscl for the Appellants M/s Gopi ^Rajesh & Associates Counsel for the Respondents M/s Indus Law Firm coRAM:

Hon'ble Sri Justice MSK Jaiswal President and Smt Meena Ramanathan Member Tuesday, the Twenty ^{Ninth day} of March Two Thousand Twenty Two Oral Order:

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This is an appeal preferred by the Opposite parties aggrieved by the orders dated 12.12.2019 passed by the District Consumer Forum-ll, Hyderabad in CC No.316/2017 in allowing the complaint in part and directing the Opposite parties jointly and severally to refund Rs.5,51,000/- with interest @ 9% per annum w.e.f. 01.08.2016 till realization; to pay Rs.1,00,000/- towards compensation for mental agony and trauma caused to the Complainants; to pay Rs.20,000/- towards costs, granting time of (30) days for compliance.

2) For the sake of convenience, the parties are referred to as arrayed in the complaint.

3) It is the case of Complainants that they approached the Opposite parties with intent to purchase the plots under the project "Oyster Blue" located in Bogaram village, Keesara mandal, Ranga Reddy district (now Medchal-Malkajgiri district) for a consideration of Rs.24,20,000 /- and thereby paid advance of Rs.5,51,000/- on 01.08.2016. The Opposite parties allotted Plot No.427 and 428 admeasuring 400 square yards promising to register the same after sanction of final layout and the balance amount was agreed to be paid only after obtaining sanction of final layout which is to be obtained within 3 months.

4) In December 2016, when the Complainants approached the Opposite parties with balance sale consideration amount, it came to their knowledge that the plots allotted to them were under mortgage with HMDA. However, the Opposite parties offered alternate plots witha promise that the same will be made ready for registration in January 2017. In that manner, the Opposite parties dodged the matter. Suspecting something fishy, the Complainants visited the site and to their shock found no development works are undertaken. As such, they got issued the legal notice on 21.03.2017 seeking refund of the amount paid together with interest. On failure, the present complaint is filed complaining deficiency of service on the part of Opposite parties with a of compensation to refund the amount paid together with interest, prayer Rs.2,00,000/- and costs of the ^complaint.

to have admitting filed their written version

5) The Opposite ^parties Blue" at Bogaram and style "Oyster under name floated the new venture which is India's ^first district Medchal-Malkajgiri village, Keesara mandal, Complainants certified company.

and Iso 14661-2004 ISO-9001-2000 yards

200 square plots admeasuring joined the scheme and booked two of two plotsis The cost of Rs.5,51,000/-.

each and paid an advance the ^right to alter the extent, they reserve Rs.24,20,000/-. However, I