Ranga Reddy: Surakshaa Infra Projects ordered to refund Rs 2 lakhs for not completing construction

Hyderabad: District Consumer Disputes Redressal Commission, Ranga Reddy, has directed Surakshaa Infra Projects to refund Rs 2 lakhs (with 9 per cent interest from November 1, 2021, to till its realisation) to a complainant.

It also directed to pay Rs 50,000 towards compensation and Rs 5,000 towards litigation costs.

Case details

Kumari Siddi Lasyasree, a resident of Saroornagar, Ranga Reddy district. She booked a plot bearing numbers 115 and 145 admeasuring 200 sq yards at Pamanagundala Village, Kattangur Mandal, Nalgonda District from Suraksha Infra Projects for Rs 5,500 per square yard in Block-A and paid an advance of Rs 1 lakh on October 4, 2021, to the opposite party and received receipt number 1211 in favour of the complainant.

Lasyasree also booked another plot bearing numbers 120 and 119 admeasuring 183 sq yards situated at Ramajipet village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District from the opposite party at Temple City for Rs 6,000 per sq. yard in phase-1 and paid an advance amount of Rs 1 lakh on November 1, 2021, and received receipt No 1752 in her favour. Though the opposite party assured that the final layout would be approved and finalised within one month it did not get approved as promised

The opposite party also stated they are waiting to receive 25 per cent of the plot cost and also to execute an agreement of sale in favour of the Laysasree. But surprisingly when the complainant approached the Suraksha Infra Projects office with cash, they refused to receive the said cash and the representatives of the company assured that they would refund the amount within one week. The refund is yet to happen.

‘Promises made in brochure not met’

Surakshaa Infra Projects has not completed the project contrary to the terms of the brochure and also promises made in the brochure in spite of repeated requests and reminders by the complainant.

Therefore, vexed with the attitude of the opposite parties, Lasyasree issued legal notice separately to the opposite party. On September 9, 2022, called upon the opposite party to return double the amount of Rs 2 lakhs along with compensation, with 24 per cent interest per annum. Even after receipt of the notices on September 12, 2022, Surakshaa Infra Projects neither replied nor complied with the demands. Hence, the complaint was made.

The opposite party filed their written version stating that the father of the complainant Siddi Bhasker joined as DDM with their company on July 1, 2021, to promote the sale of plots and commission would be paid per plot only on the basis of the selling price (BSP) of company listed price from time to time as per commission structure and would further promoted to next grade/designation after achieving the target.

Surakshaa Infra Project also admitted the issuance of receipts to the complainant towards advance payments for two plots. The same were purchased by the complainant through her father’s own associate under approved layout by DTCP to fulfil his business targets as an associate of opposite party-1 and to fetch commission only booked the subject plots.

More plots booked

As an Associate of Surakshaa Infra Projects, the complainant’s father booked some more plots in the name of other customers and even received and collected the gold, silver and cash incentives to the tune of Rs 2 lakhs from the then managing director (late) Shirasu Uppalaiah. After that, he did not fulfil his part of obligation and bore a grudge against the company and directors and filed this frivolous and vexatious complaint for wrongful gains.

Even prior to issuance and after issuance of notices also the opposite party on several occasions reminded and requested the father of the complainant to clear the payments and get registered the subject plots and instead of doing the same the present complaint was filed for illegal gains. The opposite party further submitted that they are ready to execute and register the subject plots in the name of the complainant upon complying and fulfilling his part of the obligation by paying off the remaining sale consideration as admitted previously without considering the escalation of prices.

Hence, prayed to dismiss the complaint with exemplary costs. Though the opposite party both in their written version, and written arguments stated that they are ready to register the subject plots in favour of Lasyasree on balance payments, she remained silent shows, the complainant is not interested to purchase the same and wants only refund of the amount paid with interest 24 per cent per annum.

When the complainant is not interested in purchasing the plots, the opposite party on receipt of legal notices on September 9, 2021, only should have settled the matter by repaying the received advance amount of the complainant and the matter would have settled in the year 2021 itself.

After hearing the arguments from both the parties, the court noted that the complainant is entitled for the refund of paid amount of Rs 2 lakhs with 9 per cent interest from November 1, 2021, to till its realisation with Rs 50,000 towards compensation and Rs 5,000 towards cost of the complaint and these points are decided in favour of complaint.