LAWS(NCD)-2012-8-9

NARNE ESTATES PVT LTD Vs. D ARUN KUMAR

Decided On August 03, 2012
NARNE ESTATES PVT LTD Appellant
V/S
D ARUN KUMAR Respondents

JUDGEMENT

(1.) This revision petition challenges the order dated 13.07.2011 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in First Appeal no. 1067 of 2009. By this order, the State Commission upheld the findings of the District Consumer Disputes Redressal Forum I, Hyderabad (in short, 'the District Forum') regarding deficiency in service on the part of the petitioners who were the opposite parties (OPs) in the consumer complaint filed by respondent 1 in this revision petition. However, considering the rulings of the Apex Court on the subject, the State Commission reduced the rate of interest from 24% per annum to 18% per annum on the amount of deposit made by the complainant with the petitioners towards the sale price of two plots of land (Rs.3,09,685/-).

(2.) It is an admitted fact that the complainant had paid Rs.3,09,685/- on 14.02.2001 for the purchase of 2 plots (no. 11 and 12) of land measuring 666 square yards in the Scheme floated by the petitioners/OPs. It is also admitted that the petitioners had undertaken to execute the sale deed after obtaining sanction of the competent authority for the final layout at the end of the Scheme period of 48 months. However, the petitioners contended that the complainant was aware of the land acquisition proceedings in which a part of the land of the petitioners was involved and that the petitioner had informed the complainant that it would pay the amount deposited for the plots but without interest.

(3.) Dealing with each contention of the petitioners in their appeal before it (which were also their contentions before the District Forum), the State Commission observed as under: