| Complaint Case No. CC/159/2020 | | ( Date of Filing : 26 Feb 2020 ) |
| | | | 1. B.R. Sunil | | S/o. B.R. Ramachandra, Aged about 34 years | | 2. Smt. Kruthika Ganesh | | W/o. B.R. Sunil, Aged about 31 years, Plaintiffs No.8 and 9 are R/a. No.35, OM Samrudhi Nilaya, 8th Cross, Bhuvaneshwari Nagara, New Varma Layout, Bangalore-560024 Duly Rep.by Their GPA holder Ganesh |
| ...........Complainant(s) | |
| Versus | | 1. M/s. E Spring Building Systems Pvt Ltd | | Rep by Mr. Ashok GowdaNo.8, Mc. Pherson Road, Cooke Town, Bangalore-560005 | | 2. 2. Sri. Lakshmikanth | | S/o. Juniappa Gowda, Aged about 54 years, Director of M/s. E Spring Building Sysytems Pvt Ltd | | 3. 3. Smt. Pallavi Lakshmikanth | | W/o. Lakshmikanth, Director of M/s. E Spring Building Systems Pvt Ltd Sl.No. 2 and 3 are R/a No.233, Clasic Orchards, Behind Meenakshi Temple, Bannerghatta Road, Bangalore-560076. | | 4. 4. Sri. Ashok Gowda | | Director of M/s. E Spring Building Systems Pvt Ltd No.211, E Spring Seasons, Kalpana Chawla Road, Boopasandra, Bangalore-560094. | | 5. 5. Sri. Madhu D.E | | S/o. Eshwarappa Aged about 47 years, Director of M/s. E Spring Building Systems Pvt Ltd No.211, E Spring Seasons, Kalpana Chawla Road, Boopasandra, Bangalore-560094. | | 6. 6. Sri. Chandrashekar | | S/o. Venkatram Director of M/s. E Spring Building Systems Pvt Ltd R/a No.47, The Brother of Holy Cross, St. Marks Road, Bangalore-560001. | | 7. 7. M/s. EXPAT Projects And Developers Pvt Ltd | | No.2, 2nd Floor, Gloden Point-1 Near Congress Office, Behind Nissan Showroom, Queens Road, Bangalore-560052 Rep By R. Srinivas Murthy | | 8. 8. Sri. H.N. Thyagaraja | | S/o. Late Nanjundappa Aged about 44 years, R/a no.309, hennur Main road, Kalyan Nagar Post, Opp old police Station, Bangalore-560043. | | 9. 9. Sri. H.N. Harish | | S/o. Late Nanjundappa Aged about 41 years, R/a No. 39, 9tyh Cross, 9th Main, Maruthi Layout, Bangalore-560043 | | 10. Smt. Manjula | | W/o. Late H.N. Subramani, Aged about 45 years | | 11. 11. Kum. Brindha | | D/o. Late H.N. Subramani, Aged about 22 years, Sl. No. 10 and 11 are R/a No. 69/2. 1st Floor, Hennur Main Road, Bangalore-5600434 | | 12. . | | . |
| ............Opp.Party(s) |
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| Final Order / Judgement | CC:159/2020 Dated:14.03.2022 ORDER Complainants filed this complaint under Section 12 of the Consumer Protection Act 1986 against OP 1 to 11 seeking direction to OP No.8 to execute the sale deed in respect of Flat No.110 in furtherance of the sale agreement executed on 27.05.2017 and to complete the flat in all respect and for Rs.10,00,000/- as damages with interest at 18% on the said amount for deficiency in service in not completing the flat by not taking permission from BESCOM, BWSSB, not providing lift, transformers, DG sets not painting the building incompleting in respect of lighting, granite work, safety grills gate, tile work, rain water harvesting, completion of swimming pool and also to construct the building in accordance with the approved BBMP plan and other reliefs. Notice of the complaint served. Wherein, OP-2, 3 and 5 though served, remained absent placed exparte. Afterwards they made an application for setting aside the exparte order and the same was allowed. OP-1 to 6 appeared before the forum and filed the version. Inpsite of the complainant getting several opportunity to take steps against OP-7 to 11, complainant did not take steps against them and hence the forum considered that complainant has no interest to proceed against them and dismissed the complaint. On perusing the documents filed by the complainant, in particular the sale agreement Ex.P1, it becomes clear that one HN Thyagaraj OP-8 in this case is the executant of the sale deed, in respect of Flat No.110 which had fallen to his share. Even assuming for the movement that the complainants have proved the deficiencies as alleged and that the sale deed is to be executed by the Vendor i.e. HN Thyagaraj, it is to be noted here that as the complainants did not take steps against OP-7 to 11 and in particular against OP-8 the complaint came to be dismissed. In view of this complainants are not entitle for any of the reliefs prayed and hence this COMPLAINT IS HEREBY DISMISSED. MEMBER MEMBER PRESIDENT | |
