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

DATED 29^TH DAY OF FEBRUARY 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. This  complaint has been filed for the  following reliefs

1. To award/grant compensation of Rs.3,00,000/- towards deficiency of service by the OP.
2. Direct the OPs to refund Rs.2,44,125/- along with 18% interest from 03.12.2015 till realization.
3. Pass such other orders.

2. The case of the complainant is that:

The complainant was looking for a site and on assurance of the marketing agents of the OP firm, booked a plot bearing No.274 in the layout at Transity Developer, formed in the layout called as Trans Prakruthi, situated at Malmachanahalli Village, Jagamakotte Hobli, Chikkaballapur District, measuring 50X30 feet and entered into an agreement with the OP1 vide agreement dated 10.12.2015 and made payment of Rs.2,44,125/-.  The complainant approached the OPs on several occasions. The OPs promised to have been repeatedly promising get the plot registered by say that since the date of agreement there is a litigation, OPs are not able to register the property and refused for cancellation of the agreement. The OPs have extended the agreement to an indefinite period of time.

3. The complainant further submits that they have issued legal notice to the OP1 on 16.06.2023 asking to return the money along with interest at 18%.  Even after receipt of the notice, the OPs have not complied requests of the complainant nor paid any amount paid by the complainant. The OPs there by has committed deficiency of service towards completion of the project within a stipulated period and without registering the plot in favour of the complainant due to his negligence. Hence, the complainant filed this complaint.

4. After filing of the complaint, notice was issued to the OPs, they remained absent even after notice was taken by the complainant through paper publication in “Hosa Digantha” news paper.

5. Though sufficient time was given to the complainant to adduce their evidence and for arguments they have not appeared. Hence the evidence and arguments of the complainant is taken as nil.

6. After perusing the documents available in the file the following points do arise for our consideration:-

1. Whether the complainant has proved the  deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs claimed in the complaint ?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- In the Affirmative

      Point no.2:- Affirmative in part

      Point No.3:-As per the final order.

REASONS

8. 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 produced by the complainant. Inspite of issue of notice through paper publication, the OP remained absent. OP neither challenged the allegations made in the complaint and also evidence and they remained unchallenged.

9. The complainant has filed this complaint seeking for refund of the advance amount paid by him to the OPs and also for compensation and for damages and for legal expenses etc., on the ground that he has entered into sale agreement with the OP after paying advance amount of Rs.2,44,125/-. Even though OP executed unregistered sale agreement on 10.12.2015, they are not able to register the property and also refused for cancellation of the agreement. Hence, complainant has filed this complaint for relief of refund of the advance amount paid by him.

10. It is clear from the documents produced by the complainant that he has booked a plot bearing No.274 measuring 1500 sq.ft., in the proposed project named TRANS PRAKRUTHI. The complainant agreed to purchase the said plot made payment of Rs.2,44,125/- to the OPs, but the OPs have failed to execute the sale deed saying that there is a litigation, and they are not able to register the property and also refused for cancellation of the agreement. Hence the complainant has issued legal notice dated 16.06.2023 for refund of money with interest at 18%.

11. The conduct of the OP clearly discloses that the only intention of the OP is to grab the money from the prospective buyers and utilize the amount for their own purposes. The OP have no intention to develop the project and handed over the flat to the prospective buyers even after collecting substantial amount from them.  In view of this the complainant suffered mental, physical and financial harassment. Under these circumstances, the complainant clearly established the deficiency of service on the part of the OP. Therefore, the complainant is entitled for the relief and the complaint is liable to be allowed in part. Hence, we answer the Point No.1 in the affirmative and Point No.2 partly in the affirmative.

12. Point no.3:-.  The complainant is entitled for refund of entire amount of Rs.2,44,125/- paid to the OP as advance along with interest  at the rate of 12% per annum from the date of respective payments till realization, failing which the amount will carry additional interest at 14% per annum. The complainant is also entitled for compensation of Rs.50,000/- towards deficiency of service and for compensation. The complainant is also entitled for litigation expenses of Rs.10,000/- from the OP. The OPs are directed to pay entire amount in favour of the complainant within 60 days from the date of this order.  Accordingly, we proceed to pass the following;  

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund entire amount of Rs.2,44,125/- with interest at the rate of 12% p.a. from the date of respective payment till realization.
3. The OP further directed to pay compensation of Rs.50,000/- towards shock, mental suffering and deficiency of service.
4. The OP further directed to pay Rs.10,000/- towards litigation expenses.
5. If the OP failed to pay the amount within 60 days, the amount of  Rs.2,44,125/- will carry additional interest at 14% p.a. after expiry of 60 days.
6. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 29^th  day of FEBRUARY, 2024)

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

NIL

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

NIL