Date of Filing :10.03.2022
Date of Disposal :14.06.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:14.06.2024
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
(DIST & SESSIONS JUDGE (R)
Mrs DIVYASHREE M:LADY MEMBER
CONSUMER COMPLAINT NO.49/2022
Mr. Clement Deepak
S/o D.Dominic James
Aged 41 years
Resident of # 298
4th Avenue, Teachers Colony
Koramangala
Bengaluru-560 034
Also Owner of ‘Unconstructed Flat’
In Unit No.802
Type ‘C’ at ‘LGCL Luxuriate’
H.S.R. Layout, 5th Sector
Venkoji Rao Khane Village
Begur Hobli, Bangalore
Represented by GPA Holders
Mr D Dominic James
S/o Mr D Dorairaj
Aged about 71 years
Resident of # 298
4th Avenue, Teachers Colony
Koramangala
Bengaluru-560 034
Dr. Savio Pereira
S/o Mr Tomas Pereira
Aged about 52 years
Residing at 3rd Floor
# 573, 5th Avenue
Teachers Colony
Venkatapura, Koramangala,
Bengaluru-560 034
(In person) Complainant
-Versus-
1. M/s LGCL Properties Private Limited
Represented by the Authorised Signatory
Registered Office at
No.12/1, Rest House Road
Bengaluru-560 001
2. Mr Girish Puravankara,
Managing Director and Chairman,
M/s LGCL Properties Pvt. Ltd.,
Father’s name unknown
Major,
Registered office at No.12/1,
Rest House Road,
Bangalore-560001
3. Mr M.N.Kumar
S/o Late M.J.Narasimha Murthy,
Aged about 56 Years,
Office at M/s LGCL Properties Pvt. Ltd,
No.12/1, Rest House Road, Bangalore-560001
4. Mr R.Venkata Krishna
S/o Mr Reddedeppa G,
Aged about 53 Years
Office at M/s LGCL Properties Pvt. Ltd.,
No.12/1, Rest House Road,
Bangalore-560001
5. Mr C.S.Mohan
S/o Late C.V.Srinivas Rao,
Aged about 66 years
Office at, M/s LGCL Properties Pvt. Ltd,
No.12/1, Rest House Road,
Banglaore-560001 Opposite parties
(Ex-parte)
-:ORDER:-
Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:
1. This is a complaint filed by Complainant to refund Rs.63,55,307/- along with interest at the rate of 18% p.a from the date of receipts till realisation, to award Rs.30 lakhs towards punitive damages and Rs.80,000/- as litigation costs.
2. On admission of this complaint, notice is ordered against OPs 1 to 5 but they have failed to participate in the complaint proceedings, are declared as Ex-parte. In order to prove the case of the complainant has submitted affidavit evidence and documents. He has produced documents to substantiate payments made at Rs.63,55,307/-.
3. We have examined the contents of affidavit sworn in by Mr. Clement Deepak, who is complainant herein and examined the documents, commencing from Agreement for Sale dated 18.06.2015, wherein find the price fixed for purchase of an apartment bearing No.C-802 which has to be developed by M/s LGCL Properties Pvt. Ltd., under the name and style of ‘LGCL LUXURIATE’ for Rs.1,08,22,813/-. It is also mentioned under Construction Agreement dated 18.06.2015 and found payments made by complainant at Rs.63,55,207/-. The date of completion of this project would be within 23 months starting from June 2015. The Complainant submits that this project agreed to be complete is abandoned by Ops and in such circumstances this complaint came to be filed with due issuance of legal notice.
In the above such circumstances, the Commission having been examined all the receipts, coupled with photographs, copy of legal notice and copy of paper notification for having notified OPs through a daily news paper we found satisfied to allow the complaint. Accordingly, ordered to allow the complaint and directed the OPs to refund Rs.63,55,207/- along with interest at the rate of 12% p.a from the date of receipt of this order till realisation and do pay Rs.3 lakhs as compensation and Rs.50,000/- towards litigation cost within 60 days, failing which, the amount so awarded amounting to Rs.3,50,000/- carry interest at the rate of 8% p.a from date of default till realisation.
4. Send copy of this Order to the parties concerned.
,
Lady Member Judicial Member
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