Date of Filing:07.01.2023

Date of Disposal:18.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI CHANDRASHEKAR.S.NOOLA, MEMBER

1. The complainant has submitted this complaint in accordance with Section 35 of the Consumer Protection Act of 2019. The complainant requests that this Commission order the opposite party to refund the balance booking amount of Rs.13,00,000/- with interest at the rate of 21% p.a. from the date of payment and order the opposite party to pay Rs.5,00,000/- lakh in compensation for pain, suffering, and lack of service.

2. The following are the complaint's key facts: 

The complaint booked a plot measuring 51X40 ft. totaling 2014 square feet in the Township development by the opposite party called "AVON VDB TOWNSHIP" located in Whitefield, Bengaluru, by paying an amount of Rs.50,000/- on 29.11.2021 and an amount of Rs.14,50,000/- totaling a booking amount of Rs.15,00,000/- on 30.11.2021. After receiving payment in the sum of Rs.15,00,000/-, the opposite party made available the entire set of documents connected to the aforementioned project in order to seek legal advice. During the legal verification procedure, the complainant requested specific documentation pertaining to nala/halla that flows through the seed project. Despite repeated requests, the opposite party failed to produce the requested documents/clarifications. As a result, the complainant opted to cancel the reservation and asked a return of the entire booking money of Rs.15,00,000/-. The opposite party sent an email requesting an explanation for the cancellation, and on the same day, the complainant sent an email citing several reasons for cancelling the booking of plot.

3. According to clause number-8, the opposite party promises to refund the complete booking money on or before January 28, 2022, and the complainant got a sum of Rs.1,00,000/- on January 17, 2022. And the opposite party promises to refund the remaining Rs.14,00,000/- on or before January 28, 2022.

4. Since the opposite party failed to refund the promised balance of Rs.14,00,000/-, the complaint submitted another email on 31.01.2022 requesting a refund of the remainder booking amount by email.  The opposite party sent another sum of Rs.1,00,000/- to the complainant on March 24, 2022, and requested an extension of time until March 31, 2022, to refund the remaining amount of Rs.13,00,000/-. The complainant served legal notice on the opposite party on April 20, 2022, and there was no response.

5.  Despite having served the opposite party with a notice, he did not come before the commission and was thus placed ex-parte, and afterwards he did not make any submissions.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1              :       Affirmative

Point No.2              :       As per final order

REASONS

8. POINT NO.1:-   The complainant booked a plot with the opposite party and paid an advance of Rs.15,00,000/- on November 29, 2021, and was supposed to pay Rs.13,00,000/- for the sale agreement within 15 days and Rs.1,12,00,000/- within 45 days from the date of booking, according to the allotment letter issued to the complainant.

9. The complainant produced an allotment letter in document No.2, a receipt for Rs.14,50,000/- in document No.3, another Rs.50,000/- paid through an online transaction in document No.4, and WhatsApp and email conversations in documents No.5 and 6, as well as a legal notice to the opposite party, to which the opposite party has not responded. Despite receiving notice, the opposite party did not appear and was placed ex-parte.

10.  In the present case, the complainants deposited a total of Rs.15,00,000/- against a total consideration of Rs.1,12,00,000/- as stated in the receipt and assignment letter. The complainant brought up several issues and requested some of the documents in respect of Nala/Halla passed through the project in emails dated December 18, 2021 and December 21, 2021. The opposite party did not respond to the complainants' request for production of those documents. The subsequent behavior of the opposite party supported the complainants' demand for a refund of their money. The opposite party paid Rs.1,00,000/- on January 17, 2022, and again on March 24, 2022, and requested an extension till March 31, 2022. After waiting, the complaint served the opposite party with a legal notice on April 20, 2022. A property buyer cannot be forced to wait indefinitely for possession. The commission reviewed the records and concluded that the opposite party fails to deliver adequate service.

11.  The complaint has been accepted in light of the foregoing discussions. The opposite party is ordered to refund the entire payment of Rs.13,00,000/- made by the complainants, with interest at 8% per annum from the date of deposit to the date of refund, as well as a compensation of Rs.20,000/- and litigation costs of Rs.5000/-. This order needs to be followed within 45 days of its receipt, if not an additional interest of 2% will be levied until the date of realization. As a result, we have an affirmative answer to this question.

12. POINT NO.2:- In the result, we passed the following:

ORDER

1. The complaint is partly allowed.
2. The opposite party is ordered to refund the entire payment of Rs.13,00,000/- made by the complainants, with interest at 8% per annum from the date of deposit to the date of refund, as well as a compensation of Rs.20,000/- and litigation costs of Rs.5000/-. This order needs to be followed within 45 days of its receipt, if not an additional interest of 2% will be levied until the date of realization.
3. Furnish free copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 18^th May 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Sri Gnanasekar Velussamy-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

   Documents produced by the OP: Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*