Unable to make part payment for a land parcel as he suffered a cardiac arrest, a consumer forum awarded an aggrieved senior citizen ₹50,000 compensation. It also directed the realtors, who had sold the land parcel to a third party, to refund the principal amount of ₹1.1 lakh.
The District Consumer Disputes Redressal Forum Hyderabad-III was dealing with a complaint filed by Vijaya Nambiar and K.M.R. Nambiar. The complainants stated that in September 2012, they paid an advance of ₹10,000 to Kamal Siddiqui and Fahimuddin, the realtors, for a plot at Moinabad. However, in February 2013, Dr. Nambiar suffered a heart attack and was admitted at a hospital in Bengaluru.
After being discharged, the complainants approached the realtors when they were informed that the plot was sold to a third party. They requested, time and again, for a refund along with the interest, but to no avail. They later filed a complaint with the Banjara Hills police.
The complainants stated that they were called to the police station and in June 2017, the amount was paid. However, no interest was paid to them on the principal, which the respondents had with them for around five years.
Letter of grievance
The forum stated that the complainants produced evidence in the form of payment receipt copies and a detailed letter of grievance to the realtors. It also noted that the complainants had not given respondents ‘much chance’ to find fault with them. After suffering the heart attack, the complainants did approach the respondents to make the balance payment. The forum noted that the respondents, who did not appear, had not rebutted the complainant’s claims. This, it said, was evidence of unfair trade practices.
“For the inordinate delay in refunding the principal amount of ₹1,10,000 to the complainants, they are entitled to an interest of 12% per annum from September 27, 2012 to June 08, 2017. And for the suffering caused to them, a compensation of ₹50,000 is just and necessary,” the forum said.
Payment of costs of ₹10,000 was also ordered.