BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 13^th DAY OF JUNE 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OP to return the amount paid towards the service fee along with interest.
2. Direct the OP to pay compensation for deficiency in service
3. Pass such other direction that this Hon’ble Commission deems fit to grant in the interest of justice and equity.

2. The case set up by the complainant in brief is as under:-

The complainant is a young legal practioner, graduated in 2022 from the National Law School of India University in Bangalore. He has just started his carrier and he engaged with a law firm with office situated at Infantry Road.  The complainant is currently residing in Kadubeesanahalli and has to undertake travel till Infantry road for work. In order to avoid travelling long hours and stay closer to the office the complainant contacted the OP who runs a real estate brokering service. He has got in touch with the OP from 01.11.2022 on his mobile number 9448033403.  On 02.11.2022 the OP arranged a visit for the complainant to a flat situated in Benson town.

3. It is further case of the complainant that the OP had represented that the flat No.402 is available for rent but he does not have access to the flat at the moment. Therefore the OP arranged a visit for flat NO.302 for the complainant and the complainant has paid Rs.15,500/- to the OP on the assurance that the flat No.402 is a similar module and would be made available to the complainant on 01.12.2022.

4. It is further case of the complainant that the OP has pressurized this complainant on the ground that other people are interested in renting out the flat and this complainant should immediately transfer the fees for settling residential flat through an online transfer on google pay to his mobile number. Relying on the Ops representation the complainant made the transfer of Rs.15,500/- the OP on 03.11.2022 provided an online receipt through his colleague on WhatsApp number 9964170232. On 24.11.2022 the complainant has approached the OP to seek an update on the possession of the flat and requested him to visit to the supposed flat No.402 for which the possession was granted to the complainant. The OP has assured the complainant that he could visit any time for a check in.  It was decided that the complainant will visit the flat on 29.11.2022. The OP has stopped responding to the complainant soon after.

5. The complainant made various attempts to gain clarity on the possession and the OP kept giving evasive answers regarding the possession.  On 07.12.2022 the complainant has informed the OP on his decision not to go ahead with the flat since the OP is not available to provide the possession even 7 days after the decided possession date. The OP has agreed to refund the service fee immediately. After that the OP kept ignoring all communication from the complainant and did not show any intention of refunding the money. The multiple attempts made by the complainant to amicably resolve the matter and request for refund was failed.   Finally the complainant sent a written notice on 27.12.2022. The OP has sent back refund of Rs.5,000/- on 02.01.2023 when the complainant threatened to take legal action. After that the OP started giving evasive answers for the refund of remaining Rs.10,500/-. The utter negligent and unprofessional behavior of the OP towards complainant is clear from whatsapp communication.  The complainant having fed up Ops apathy and careless behavior has chosen to file this complaint before this Commission.
6. It is further case of the complainant that on the verbal agreement with the OP he has informed his colleagues that he will be able to work from office more frequently since he is moving closure to the office now. Upon being cheated by the OP in this manner the complainant has faced mental trauma and embarrassment at work which is directly affecting his performance.  The complainant has to travel 3 to 4 hours to reach the office and OP is well aware of the situation.  The omission to provide possession of the flat on the decided date points to how the services promised by the OP are deficient as the OP has not performed in a manner which is required to be undertaken in pursuance the verbal contract/agreement between the complainant and OP. The OP has further engaged in unfair trade practice. Hence the complainant has prayed for allowing the complaint.

7. In response to the notice sent by this Commission, OP has not appeared and contested the matter.

8. The complainant has filed his affidavit evidence and relies on 5 documents. 

9. Heard the arguments of the complainant.  

10. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

11. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

12. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint and documents 1 to 5. Inspite of service of notice the OP remained absent. Hence OP neither challenged the allegations made in the complaint and also documents and they remained unchallenged.
13. The complainant has contacted the OP who runs a real estate by the name SAIT’S the real estate people.

14. The complainant who is a young legal practioner graduated in 2022 from the NLS of India University, Bangalore. As the complainant is currently staying in Kadubeesanahalli and he has engaged with a law firm with office situated at Infantry Road. In order to avoid travelling long hours and stay closure to the office he contacted the OP to take a flat on rent.

15. The OP has arranged a visit for a complainant to a flat situated at Benson Town and he has represented the complainant that flat No.402 is available for rent, but he does not have access to the flat at that moment. Therefore he arranged a visit for flat No.302 and has received Rs.15,500/- on the assurance that the flat NO.402 is a similar model and would be made available to the complainant on 01.12.2022.  In the meantime the OP has pressurized the complainant to transfer the fee for settling the residential flat and he has received Rs.15,500/- through online transfer on google pay and he has sent an online receipt through his colleagues WhatsApp. 
16. As per the oral agreement the complainant has reached the OP on 24.11.2022 to seek the update on possession of the flat and requesting to visit the supposed flat No.402 at that time the OP has assured that he could visit any time and he has further assured the complainant that the complainant can visit the flat No.402 on 29.11.2022.  After that the OP has stopped responding to the complainant even though the complainant made various attempt to gain possession of the flat the OP has given evasive answers regarding possession.  When the complainant has not obtained the possession of flat even after 07.12.2022, he has informed the OP that he will take legal action. At that time the OP has agreed to refund the service fee immediately.  Even though the complainant made multiple attempts to amicably resolve the matter the OP has not responding.  The OP has returned Rs.5,000/- on 02.01.2023. When the complainant has demanded for the refund of remaining Rs.10,500/- the OP has shown utter neglect and unprofessional behavior towards the complainant.  

17. Even though the complainant has assured that he will show the flat NO.402 and he will arrange for visit to the flat and introduce the complainant with the owner as not at all shown the flat or made any arrangements to introduce the owner of flat to the complainant and consequently the complainant was unable to occupy the flat.

18. In view of the negligent unprofessional attitude of the OP the complainant suffered stress, anxiety due to the financial implications of withholding such a substantial amount of the complainant. When the complainant was unable to get the flat on rent which is very near to his office has faced mental trauma and embarrassment at work.  The complainant has to travel 3 to 4 hours to reach his office.

19. The conduct of the OP that giving false assurances and grabbing the amount from the customers without arranging for any flat for rent and without making any arrangements to meet the owner of the flat by the complainant clearly discloses the negligence and unprofessional conduct of the OP and also the unfair trade practice practiced by the OP.  

20. The complainant in support of his contention has relied on the online receipt, marked as Document No.1 for having transferred Rs.15,500/- to the OP, acknowledgement issued by the OP as document No.2 for having received Rs.15,500/-, document No.3 is the copy of the legal notice, document No.4 is the WhatsApp conversation.

21. It is clear from the Ex.P4 the WhatsApp messages that the OP has demanded one month rent as commission.  Even after received the one month rent as commission Rs.15,500/- as per document No.1 and 2 the OP neither made any arrangements to the complainant to occupy the flat NO.402 nor made any arrangements to the complainant to meet the owner of the flat. As per their oral agreement the complainant was expected to occupy the flat on 01.12.2022. When the OP has not made any arrangements to occupy the flat even after 07.12.2022 the complainant has requested the OP to refund the amount. The OP has refunded only Rs.5,000/-. After that he has stopped to communicate with the complainant. Inpsite of service of legal notice and multiple demands the OP has failed to refund the amount. Under these circumstances, the complainant was made as a scape goat and he has suffered mental trauma and harassment with financial loss.

22. The complainant has also relied on the decision of the apex court in Spring Meadows hospital and another –vs- Harjol Ahluwalia and another (1998) 4 SCC 39. It is clear from the above decision that the commission is entitle to award compensation for any loss or injury suffered by the consumer due to the negligence of a person who services had been hired. 

23. The complainant has clearly established the negligence, deficiency of service and the unfair trade practice on the part of the OP and also clearly established the mental agony and financial loss and inconvenience suffered by him due to the false assurance given by the OP. hence the complainant is entitle for the relief claimed in this complaint.  Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

24. Point No.3:- In view the discussion referred above it is necessary to direct the OP to refund the amount of Rs.10,500/- with interest at 12% p.a., from the date of payment till realization.  the OP is further directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.5,000/- to the complainant and we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to Rs.10,500/- with interest at 12% p.a., from the date of payment till realization. 
3. The OP is further directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.5,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 14% p.a. after expiry of 60 days on Rs.10,500/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 13^th day of JUNE, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL