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

DATED 30TH DAY OF DECEMBER 2022

ORDER

SRI.M.SHOBHA, PRESIDENT

1. The  complainant  has filed this complaint against the Opposite parties  for reliefs

To direct the OP to refund the entire amount paid towards plot advance as per the MOU and other receipts along with interest at 18% p.a. along with an amount of Rs.52,49,000/, compensation, cost and such other reliefs.

2.  The case of the complainant is that:

The complainant has approached the OP for purchase of plot. While purchasing plot which was allotted as per MOU executed by the OP. The OP has introduced 02 projects namely Royal City and Mountain Mist. The OP had agreed to sell the plot bearing site no.5 & 6 in the Royal city project and further agreed to sell plot no.11,12 & 13 each measuring 4000 sq.ft. in the Mountain  Mist projects which are item no.1 &2 in the MOU.

The OP had executed  MOU in favour of the complainant on 11.03.2016 for a consideration amount  of Rs.36,00,000/- for the site in Royal city project and Rs.72,00,000/- for Mountain Mist project plot. Apart from this the complainant has paid part payment of Rs.28,00,000/- by way of foreign inward remittance dt.05.02.2016 and Rs.3,60,000/- by way of D.D. dt.06.01.2016 drawn an Axis Bank Bengaluru and again transferred Rs.10,00,000/- on 25.07.2016 in favour of UTC India Pvt. Ltd. The rest of the amount consideration for both the projects are Rs.25,20,000/- and Rs.40,40,000/- to be paid at the time of execution of registered sale deed within 36 months for Royal City project  and 24 months for Mountain Mist project from the date MOU.

It is further case of the complainant that in spite of completion of the MOU period the OP has not called upon the complainant for registration of the plot even though the complainant was ready and willing to get possession of said plots. After completion of the 24 months he has called the OP for registration of Mountain Mist project plots and while discussion with the OP they have stated that both project registration would be done on or before 03 years and they had convinced the complainant and finally agreed to register the plots within 03 years from the date of MOU. The complainant was waited. During this period the OP has shifted the registered office to other place and contact numbers were not working and no one was responded and it clearly demonstrates the OP have misguided and cheated this complainant after receiving huge money.

It is further case of the complainant that it was to his shock and he cannot believe on the OP company as they attractively advertised about plots and projects introduced pre launching. Such type of fraud never expected from OP company. The OP have not done their service and it amounts deficiency of service and unfair trade practice done by the OP. The complainant got issued legal notice on 07.03.2019 and it was returned with shara door locked. Again the complainant send the notice by mail dt.24.04.2019 and it deems that the notice has been served sufficiently. Hence, the complainant is entitled for entire amount with compensation and interest. Therefore, the complainant has filed this complaint.

3. After filing of the complainant, notice issued to  OPs remained absent and placed exparte.

4. The complainant in order to prove his complaint has got examined his Power of Attorney holder  and relied on Ex.A1 to A19.

5. We heard the arguments of the complainant and also filed written arguments. Perused the documents and evidence.

6. The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

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

       Point No.1:-Affirmative

      Point no.2:- Affirmative in part.

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

REASONS

8. Point Nos.1 and 2:. These two points are interrelated and hence they have  taken up for common discussion.

9. The complainant in order to prove his  contention has  got examined his GPA holder. The GPA holder has filed his affidavit evidence by reiterating all the allegations made in the complaint  and relied on exhibits A1 to A19.

10. The evidence of the complainant and documents Ex.A1 to A19 and the allegations made in the complaint remained unchallenged. Hence, there is not reason to disbelieve the complaint and his documents.

11. It is undisputed fact the complainant has purchased site no.5 & 6 each measuring 4000 sq. ft. in the Royal City project launched by the OP and also purchased Plot no.11,12 and 13 each measuring 4000 Sq.ft. in the Mountain Mist project launched by the OP. The OP has executed the MOU in respect of site no.5 & 6 in Royal city project on 11.03.2016 for a consideration of Rs.36,00,000/- and site no. 11,12 & 13 at Mountain Mist project for a consideration of Rs.72,00,000/-. Apart from consideration value of both the project the complainant has also made part payment of Rs.28,00,000/- by way of foreign inward remittance on 05.02.2016 and Rs.3,60,000/- by way of D.D. on 06.01.2016 and another one payment of Rs.10,00,000/- by way of foreign inward remittance dt.05.02.2016. The balance amount of Rs.25,20,000/- and Rs.40,40,000/- to be paid at the time of execution of registered sale deed within 36 months for Royal city plots and 24 months for Mountain Mist project.
12. When the OP have failed to execute the registered sale deed as agreed in MOU the complainant has approached them and after discussion they have agreed to execute the registered sale deed within 03 years from the date of MOU. Accordingly the complainant waited. After that the complainant came to know that the OP have shifted their office and their contact numbers were not working and there is no response from the OP. The OP there by cheated the complainant after collecting huge money by executing the MOU stating that they will sell the plot.

13. After that the complainant issued legal notice and returned unserved. Again issued notice by email and it was served.

14. The complainant in support of this contention has produced 02 MOU Ex.A1 & A2, Ex.A3 is the  booking allotment form, Ex.A4 is copy of cheque, Ex.A5 to A9 are  the copy of receipts for receving the amount. Ex.A10 is details of transfer of money, Ex.A11,A12, A13 are statement of Axis Bank account and Ex.A14 is the copy of email, Ex.A15 is the copy of the legal notice, Ex.A16 is the postal receipt, Ex.A17 is notice sent through email, Ex.A18 is the email sent to OP with legal notice and Ex.A19 is the GPA.

15. All these document Ex.A1 to A18 clearly establishes the entire transaction took place between the complainant and OP. The OP after receiving substantial amount of Rs.42,40,000/- as an advance amount have neither registered the plots nor refunded the money as per the terms of MOU A1 & A2.

16. In spite of service of notice issued by this commission through paper publication they remained absent. As per the MOU the OP have to register the sites in favour of the complainants or if failed to register the plot or  they  have to refund the advance sale consideration amount received by them. Instead of refunding the amount the OP have shifted their office and they have changed their contact numbers and they are not available for contacts by the complainant and it clearly discloses that the OP have played fraud and unfair trade practice and cheated the complainant. In view of this the complainant has suffered financial loss and also mental agony and he was forced to approach this commission by filing this complaint. Under these circumstances the complainant has clearly establishes deficiency of service, unfair trade practice on the part  of the OP. Therefore, the complainant is entitled for refund of the amount from the OP with interest and compensation.  Hence, we answer point no.1 in affirmative  and point no.2 affirmative in part.  

17. Point no.3:-.  In view of the above discussions, the complaint is liable to be allowed in part and complainant is entitled for refund  Rs.42,40,000/- along with interest at the rate of 12% p.a. from the date of complaint till realization. The complainant is also entitled for compensation of Rs.10,00,000/- for the financial loss and also mental agony suffered by him. The complainant is also entitled for litigation expenses of Rs.10,000/-. 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 the amount of Rs. 42,40,000/- with interest at 10% p.a. on the date of complaint till realization
3. The OP is further directed to pay compensation of Rs.10,00,000/-  towards  financial loss and also mental agony suffered by the complainant along with Rs.10,000/- towards litigation expenses.
4. The OP is further directed to pay entire amount within 60 days from the date of this order, if the OP failed to refund the amount, the amount of  Rs.42,40,000/- will carry interest at 12% p.a. after expiry of 60 days  till realization of the amount.
5. 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 30^th  day of December, 2022)

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

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

*SKA