IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE      Hon’ble Thiru Justice R. SUBBIAH          PRESIDENT

                             Thiru R VENKATESAPERUMAL                          MEMBER

 

CC.NO. 74/2015

 DATED THIS THE 16^th DAY OF NOVEMBER 2022

1.       Gopinath Ranganath

          S/o. Gopinath

          Rep. by Mrs. Vijaya Seshagiri Rao

 

2.       Mrs. Vijaya Seshagiri Rao

          W/o. Ranganathan

         

          Both are residing at

          1^st Floor, Flat No.104

          Door No.172, R.K.Mutt Road

          Mandeivalli, Chennai – 600 028                                ....Complainants

 

                                                  Vs 

 

1.       M/s. Naga Constructions

          Rep. by its Prop; G. Selvakumar

          No.58/3, 6^th Main Road

          Malleshwaram, Bangalore- 560 055

 

Also at:

No.242/3, 18^th Main Road

7^th Main, Sadashivanagar

Bangalore – 560 080

 

2.       G. Selva Kumar

          S/o. M.C.Gurusamy

          No.58/3, 1^st Floor, 17^th Cross

          6^th Main Road, Malleshwaram

          Bangalore – 560 055

 

          Also at:

          No.242/3, 18^th Main Road

          7^th Main, Sadashivanagar

          Bangalore – 560 080                                           ....Opposite parties

 

Counsel for complainant                               :   M/s  K. Ganesan

Counsel for opposite parties                         :   M/s. Anand Sasidharan

 

         This complaint coming before us for hearing finally on 7.9.2022 and on hearing the arguments of counsel appearing for complainant and upon perusing the material records this Commission made the following order:

ORDER

Justice R. SUBBIAH,  PRESIDENT    

1.       This complaint has been filed under Sec.17 of the Consumer Protection Act, 1986, as against the opposite party for the following reliefs:

          1.       The 1^st opposite party to complete the pending works and set right the defects as mentioned in para 7 of the complaint in relation to the flat situated in the 1^st Floor, Old Door No.104, New Door No.172, R.K.Mutt Road, Mylapore, Chennai -28, with the built up area of 1340 sq.ft with two covered car parking slots as per specification in the construction agreement dt.15.10.2012.

          2.       To direct the opposite parties to get the necessary revised plan from the competent authority at their cost.

          3.       The opposite parties be jointly and severally directed to pay compensation of Rs.20,00,000/- towards compensation for mental agony.

4.       Another Rs.20,00,000 towards deficiency in service.

          5.       The opposite parties be jointly and severally directed to pay a sum of Rs.32,50,000/- being the interest for delays in handing over possession.

 

2.       The case of the complainant in brief is as follows:

          The opposite parties are the builders.  During first week of September 2012, the 1^st opposite party represented to the complainant that the 1^st opposite party had been in the field of construction activities, and the 2^nd opposite party is a qualified civil engineer and they are developing residential apartments in a joint venture basis, with the owner vide Joint Venture Agreement dt.16.2.2011 in respect of the property bearing old Door No.104, New Door No.172, R.K.Mutt Road, Mandaveli, Chennai -600 028.  The opposite parties have further represented that they have applied for requisite approval from the competent authority for the purpose of putting up proposed construction over the above property.  Believing the words of the opposite parties, the complainant had entered into an Agreement of Sale and Construction dt.15.10.2012, with opposite parties, alongwith the owners of the land duly represented by the 2^nd opposite party, for the purchase of an extent of 1/9^th undivided share in the land out of 5184 sq.ft being 576 sq.ft.  with a view to construct an apartment of flat bearing No.104, situated in the 1^st floor, with the built up area of 1340 sq.ft., with tw

Click Here to Read the rest of this document