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Date of Complaint filed: 20.11.2018
Date of order pronounced: 1 3 . 1 2 . 2 0 2 1
IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, MADURAI.
Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER
C.C.No.36/2018
MONDAY, THE 13th DAY OF DECEMBER 2021
1. T.R.Ramesh,
S/o. T.Rengasamy,
F-201, Shanthi Sadan,
Kochadai,
Madurai-625 016.
2. Geetha Ramesh,
W/o.Ramesh,
F-201, Shanthi Sadan,
Kochadai,
Madurai-625 016.
..Complainants
-Vs-
1. S.Seetharaman,
S/o.R.Shankaran,
Authorised Signatory of
Visvas Promoters (P) Ltd,
84, TPK Road, Andalpuram,
Madurai-625 003.
2. M/s. Vivas Promoters (P) Ltd,
84, TPK Road, Andalpuram,
Madurai-625 003.
..Opposite parties
Counsel for Complainants
: Mr.A.Haja Mohideen, Advocate.
Counsel for Opposite Parties
: Mr.S.Parthasarathy - Advocate
This complaint coming before this Bench for final hearing on 06.12.2021
and on hearing the arguments of the complainants and opposite parties and on
perusing the material records this Bench made the following:
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ORDER
THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.
Complaint filed under section 17 of the Consumer Protection Act, 1986
alleging deficiency in service against the opposite parties and directing them to
complete the construction works as noted by the complainants in Schedule-A
within 30 days by removing inferior quality of materials and re-do the same at
their own cost or permit the complainants to done the said work and to collect the
cost of the same from the opposite parties with interest @ 18% per annum per
100/. and to hand over the entire papers and other matters as listed in the
Schedule-B and to pay Rs.30,000/- as rent for the period from September 2015 to
till handing over of the house to the complainants as agreed in agreement Clause-
6-B with interest @ 18% per annum per Rs.100/- i.e Rs.11,40,000/- till november
2018 and to pay Rs.10,00,000/- as compensation for mental agony, tension,
mental torture etc and to pay Rs.10,00,000/- as compensation for deficiency in
service and to form association and handover the administration and maintanence
of entire common area and utilies and to also to pay Rs.50,000/- as cost of this
proceedings.
1. The brief facst of the complainant is as follows:
The complainants approached the opposite parties with an idea to have
their dream house by investing their hard-earned money. The complainants agreed
to have a dream house through the opposite parties and the opposite parties also
agreed to construct the house as per the choice of the complainants without any
defects and by using good materials and good workmanship in construction and
assured to deliver the house within a specified period. on 16.03.2014 the opposite
parties showed the blue print in which the complainant required plot situated in
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Survery No.35/4 (part) & R.S.No.35/6 (part) comprised to an extent of 1.35 acre of
land in Thuvariman and the site plan duly approved by Town and Country Planning
Authority. The complainants paid Rs.1,00,000/- to the opposite parties on the same
day. The complainants selected plot B-05 admeasuring 1485 square feet and total
consideration of Rs.9,05,080/- and the opposite parties received the amount and
executed registered sale deed under Registration.1654/2014 dated 02.06.2014 in
favour of the complainants. The opposite parties made a builder agreement dated
02.06.2014 and assured to complete the construction work on or before 30.09.2015.
The list contains in the agreement are
a) Cost of Construction, power back up, water supply arrangement and common
amenities like road and street lights - Rs.31,00,000.00
b) Value of easements and common rights conferred on land
-Rs.13,98,150.00
c) TNEB Power supply arrangments and other related development charges
-Rs. 30,000.00
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Total
Rs.45,28
