Date of Filing: 24/04/2017
Date of Order: 11/06/2018
BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE - 27.
Dated:11TH DAY OF JUNE 2018
PRESENT
SRI.H.R. SRINIVAS, B.Sc., LL.B.Rtd. Prl. District & Sessions Judge And PRESIDENT
SRI D.SURESH, B.Com., LL.B., MEMBER
COMPLAINT NO.812/2017
COMPLAINANT/S | | |
| 1 | Sri. Anand Baradol, S/o. Sri. Nagantha, Aged about 30 years, R/at No. 40, DEE Enclaves, 2nd floor, Maruthi Nagar, Behind Godwin Public School, Sahakaranagar Post, Bengaluru -92. (Sri.C.N.Adv. for complainant) |
V/s
OPPOSITE PARTY/IES | | |
| 1 | M/s. Max Worth Realty India Limited, A Company registered under Companies Act, Having its office at K.M.P House, No.12/2, Yamuna Bai Road, Madhavanagara, Bengaluru -560 001. Rep by its Managing Director Sri. Kesava Kolar, (Sri. B.C.P., adv. for O.P.) |
ORDER
BY SRI.H.R. SRINIVAS, PRESIDENT:
1. This is the complaint filed under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party (hereinafter referred to as O.P) alleging deficiency in service and to direct O.P to refund Rs.1,65,000/- with interest from the date of payment till realization at the rate of 24% per annum and Rs.1,00,000/-towards travel expenses, mental agony and physical stress and strain suffered by the complainant and to pass such other order as this Forum deems fit.
2. The brief facts of the complainant case are that, O.P is a developer and developed residential site under the name of “MAX ORCHIDS” in Phase-III carved out of land bearing Survey No.12/8,12/6,11/6,15/5 12/2 and the site bearing No.218 measuring East to West 40 feet and North south 30 feet totally measuring 1200 Sq. feet. situated at Dyavarahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District. Complainant wanted to purchase the same from O.P and the total sale consideration for Site is Rs.6,60,000/- i.e., Rs.550/- per sq. feet. Out of which he paid Rs.1,50,000/- byway of cheque on 24.12.2013 drawn on ICICI bank, BTM Layout Branch Bengaluru bearing No.186767 and Rs.15,000/- on 13.01.2014 by way of cash, in all the OP has received a sum of Rs.1,65,000/- as advance for which O.P issued receipts towards part consideration of the said plot. An Agreement for sale was executed on 13.01.2014 where in it was agreed to handover the possession of the schedule property within 36 months from the date of agreement for sale. O.P for one reason or the other, extended the time to executed sale deed with a view to drag on issue and he made delay in formation and handing over the possession of the same. Inspite of notice,they have not returned the amount and handed over the possession of the plot and executed the sale deed. Hence this complaint.
3. Upon service of notice O.P appeared before the Forum and filed its version contending that the complaint is not maintainable, it is vexatious and frivolous to be dismissed. It is stated that complainant has paid by a sum ofRs.1,65,000/-. As per the terms and conditions of booking from, complainant has not paid 30% of sale consideration. Hence complainant has breached the contract. There is no deficiency on its part as it would have executed the sale deed, if there was no cancellation of the project. The allegation made against it are all baseless and hence O.P prayed to dismiss the complaint.
4. In order to prove the respective case, the complainant and O.Ps have filed affidavit evidence reiterating the contents of the complaint and their version respectively. Perused the documents produced by the complainant and O.P. Heard the arguments.
5. On the basis of the above pleadings and evidence of the complainant and O.P, the following points arise for our consideration:-
1) Whether the complainant has proved
deficiency in service on the part of the
Opposite Party?
2) Whether the complainant is entitled to
the relief prayed for in the complaint?
6. Our answers to the above points are:-
POINT 1: Affirmative.
POINT 2: Partly in the affirmative
as per the final order.
REASONS
ON POINT No.1:-
7. The complainant has filed affidavit evidence mainly reiterating the facts as stated in the complaint. Besides he has also produced booking form, receipts, agreement for Sale, copy of the legal notice and acknowledgement issued by the O.P for having received the legal notice, wherein it has agreed to sell the plot at the rate of Rs.550/- per sq. feet by receiving Rs.1,65,000/- on two different dates as advance sale consideration.
8. Upon considering the version of O.P, it becomes clear that it did not proceed to complete the project ‘MAX ORCHIDS” due to non identifying the land and not implimented the project as agreed upon and has collected the money from the complainant by giving fall assurance. In view of this there, is clear deficiency in the service. Hence we answer Point No.1 in the affirmative.
ON POINT No.1& 2:-
9. In view of our answer to Point No.1 in the affirmative, there is deficiency in service on the part of O.P and hence it is liable to refund the amount which it has received from the complainant i.e. Rs.1,65,000/- along with interest at 12% per annum. Due to inaction of the O.P in not returning the amount, the complainant has suffered physical strain, mental agony and financial loss which we quantify at Rs.10,000/-. The Act of the O.P made the complainant to file this complaint by engaging advocate by paying his profession fee and also spent money in attending the Forums hearing on each and every day. We are of the opinion that if a sum of Rs.5,000/- if awarded towards litigation expenses ends of justice will be met. Hence we answer Point No.2 partly in the affirmative and we proceed to pass the following:-
ORDER
1. The complaint is partly allowed with cost.
2. The OP i.e. Max Worth Reality India Limited Represented by its Director/Authorized Signatory is hereby directed to pay to the complainant a sum of Rs.1,65,000/- along with interest at the rate of 12% per annum on the above sum from 12.01.2014 till payment of full amount.
3. Further O.P is also directed to pay Rs.10,000/- towards damages and Rs.5,000/- towards cost of the litigation expenses to the complainant.
4. The O.P. is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 11th of June 2018)
MEMBER PRESIDENT
ANNEXURES
1. Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 :Sri. Anand Baradol– Complainant.
Copies of Documents produced on behalf of Complainant/s:
Doc:No.1: Copy of the receipts.
Doc.No.2: Copy of the Booking form.
Doc.No.3: Copy of the Agreement of Sale.
Doc.No.4: Copy of the Legal Notice dtd:23.3.2017.
Doc.No.5 : Copies of the postal receipt and Postal
Acknowledgment
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1: Mr.Roopesh Sulegai.
Copies of Documents produced on behalf of Opposite Party/s:
-Nil-
MEMBER PRESIDENT
