Date of filing:  05.10.2020                                           Date of Disposal: 23.05.2023

 BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,     BENGALURU – 560 027.

DATED THIS THE 23^rd DAY OF MAY, 2023

CONSUMER COMPLAINT NO. 736/2020

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Mr. Vara Prasad Ravuri,

S/o. Sri Ravuri Kumaraswamy,

Aged About 38 years,

Residing at No.503,

Padmashree Residency,

Plot No.7, 28^th Main, J.P. Nagar,

Behind Food City Super Market,

(Rep. by Smt. Pallavi K, Advocate)

- V/s -

1) M/s. Anand Associates,

Represented by its Proprietor,

Sri. Boddeti Anand,

S/o. Sri Boddeti Venkata Ramana,

Aged Abut 28 Years,

Residing at Flat No.SF-1,

Seetharama Residency,

Narasimhanagar, Vishakapatnam.

2) Mr. Patharlagadda Rama Krishna,

Aged About 34 Years,

S/o. Sri P. Ranga Rao,

Residing at No.50-53-2/2, B.S. Layout,

(Notice returned-No such person)

3) Sri. Patharalagadda Ranga Rao,

Aged About 53 Years,

S/o. Late Sri Krishna Subba Rao,

Residing at Flat No.A-10,

Ville Royal Apartments,

Door No.7-8-1/10, Shripuram,

(Notice returned-Left)

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

01.    The complainant has filed this complaint under Section-35 of Consumer Protection Act, 2019 seeking for a direction to the opposite parties to hand over the possession and occupation of flat No. TF-4 in 3^rd floor with built up area of 1005 Sq. ft. with 60 Sq. Ft. car parking space in property patta No.261, Sy. No.112/2B, 112/2C of Paradesipalem Village, Vishakapatanam, with Rs.3,15,000/- rent and Rs.4,59,487/- interest on sale consideration and Rs.10,00,000/- compensation towards mental agony. 

02.    The case of the complainant is that, the complainant entered in to an agreement of sale dated: 02.02.2017 with the opposite party No.1 to 3 for total sale consideration of Rs.26,00,000/-.  A sale deed was executed on 16.03.2017 in favour of the complainant.  The opposite party No.1 is the company/builder/developer represented by its proprietor Sri. Boddeti Ananda and opposite party No.2 & 3 are landlords. 

03.    The complainant availed Rs.22,00,000/- housing loan from HDFC Bank and agreed to pay interest at 8.90% per annum.  Complainant has paid total 24,17,000/- to opposite party No.1 as sale consideration including Rs.22,00,000/- loan availed from HDFC Bank.  The details of payment made by the complainant as follows:- 

i) at the time of registration i.e., on 16.03.2017, Rs.14,00,000/- by bankers cheque.

ii) Rs.3,47,000/- by way of cash at the time of registration.

iii) Rs.50,000/- by bank transfer on 18.02.2017.

iv) Rs.1,80,000/- by way of transfer on 14.03.2017.

v) Rs.40,000/- by way of cash on 20.04.2017.

vi) Rs.4,00,000/- bank release, subsequent to execution of sale deed

04.    The opposite party No.1 being builder and developer has undertaken to complete the construction as agreed in the sale agreement.  Further the opposite party No.1 failed to provide basic amenities like water, electricity, and the sewerage connection to the building constructed by the opposite parties.  The complainant repeatedly requested the opposite party No.1 to complete the construction and to provide basic amenities as agreed.  Since the complainant was working at Bangalore, he had a dream to construct a house in his home-town and make it his parent’s residence.  After execution of the sale deed, the opposite party stopped the construction of the apartment.  Since from July-2017 the complainant enquired and requested to complete the construction.  The opposite parties failed to complete the construction and failed to get No Objection Certificate, Sewerage connection, water supply connection to the above said building.  Further the revenue authorities are refused to open a tax book for the property since the opposite parties have not paid vacant land tax (VLT) for the past several years.  The request of the complainant to complete the construction, by email, telephone and whatsapp messages is becomes futile.  Finally the complainant got issued legal notice dated: 12.08.2020.  In-spite of serving of the legal notice to the opposite parties, the opposite parties have failed to fulfil the legal obligation under the sale deed.  The opposite parties are liable under deficiency of service to the complainant and prayed to allow the complaint as sought for.

05.    Notice sent to opposite party No.1 returned with shara “not claimed” and placed exparte.  The notice sent to opposite party No.2 is returned with shara “no such person”.  The notice sent to opposite party No.3 returned with shara “Left”. 

06.    Based on pleadings and documents the points that would arise for consideration are as under:-

  (1) Whether the complainant has proved deficiency in service on the part of the opposite parties?

  (2) Whether the complainant is entitle for the 

    relief as sought ?

       (3) What order ?

07.    Our findings on the aforesaid points are as follows:-

Point No.1 :  In negative

Point No.2 :  In negative

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

REASONS

08. POINT NO.1 & 2:-  To avoid the repetition of facts of the complaint we have discussed point No.1 & 2 together.  The complainant had filed this complaint for the alleged deficiency of service by the opposite parties, with regard to in-complete construction and failed to provide basic amenities like water connection, sewerage connection and electricity connection.  Further the opposite parties especially the opposite party No.1 has failed to provide relevant revenue documents as agreed in the sale deed.  In-spite of receiving the full sale consideration of Rs.24,17,000/- the opposite parties have failed to complete the construction of the flat and to hand-over the possession of the flat as per sale deed.  The request of complainant to the opposite parties through email, whatsapp chats and through phone calls have not heeded by the opposite parties.  Even after receiving the legal notice the opposite parties failed to fulfil the legal obligation under sale deed executed by them. 

09.    To substantiate the allegations made in the complaint the complainant has not filed his affidavit evidence and documentary evidence as contemplated under Section 38(6) of Consumer Protection Act, 2019.  Since from 22.06.2021 the complainant remained absent and failed to take necessary steps against the opposite parties in serving of notice of this Commission.  This attitude of the complainant shows his lackadaisical nature.  To prove the allegation made against the opposite parties, the complainant has to file his evidence in the form of affidavit with necessary documents as contemplated under the law.

10.    “Section 38(9) of Consumer Protection Act, 2019 contemplates that, the District Commission shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, while trying a suit in respect of receiving of evidence on affidavits”.   The complainant shall tender his sworn affidavit evidence by entering in to witness box.  Same has not been followed by the complainant in the present complaint.  The complainant had failed to prove the burden casted on him.  In view of the above, the complainant has failed to prove the deficiency of service on the part of the opposite parties as alleged.  Accordingly, we answer point No.1 & 2 in negative.

11.    POINT NO.3:-     As discussed supra, for the foregoing reasons we proceed to pass the following:-

ORDER

The complaint is dismissed.  No order as to costs.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stands disposed-off in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 23^rd Day of May, 2023)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainant side:

• NIL -

Documents marked for the complainant side:

• NIL -

Witness examined for the opposite party side:   

• NIL –

Documents marked for the Opposite Party side:

• NIL -

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•