BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE URBAN

    27^th DAY OF JANUARY 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. The complainant seeks the following reliefs:-

(i) To execute the sale deed in favour of the complainant in respect of site No.26 and Site No.38. each measuring east to west 40 ft. and north to south 30 ft. in totaling to 2400 sq.ft., layout called Brundavan Manjula Nirvan, situated at Devamachohalli Village, Tavarekere Hobli, Bangalore South Taluk.

(ii) In the event of failure to execute the sale deed in favour of the complainant by the OP within the specified period ort as ordered by this Hon’ble Court, the OP may please be ordered to refund the amount of Rs.8,40,000/- to the complainant together with interest there on at 18% p.a. from the date of payment to till the date of realization.

(iii) To pay compensation of Rs.10,00,000/- towards mental agony, hardship and harassment etc., caused to this complainant and

(iv) To pay a sum of Rs.50,000/- towards the cost of the litigation and pass such other order or orders as this Hon’ble Forum deems fit and proper to grant in the circumstances of the case in the interest of justice and equity.

2. The case set up by the complainant in brief is as under:-

The complainant has paid Rs.8,40,000/- to purchase site Nos.26 and 38 from the OP out of agreed amount of Rs.16,80,000/-.  Even though OP executed agreement including renewal sale agreement dated 27.02.2020 but, failed to execute the sale deed by accepting the balance.  Despite legal notice dated 17.08.2021, OP failed to comply the request of the complainant.  This Act of the OP is deficiency of service.  The complainant has suffered mental agony for non-compliance of his request by the OP.  Hence, this complaint.

3. Despite service of notice as not claimed, the OP failed to appear before this Commission.  OP has been placed exparte.

4. The complainant has filed his affidavit evidence and relies on five documents.  Heard the arguments of advocate for complainant and perused the written arguments.  The learned counsel for complainant has filed memo not pressing prayer No.1.

5. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

6. Our answers to the above points are as under:

       Point No.1:  Affirmative in part.

      Point No.2: Affirmative in part.

      Point No.3: As per final orders

REASONS

7. Point Nos.1 and 2:  Even though the complainant also seeks direction against the OP to execute the registered sale deed, but on 20.01.2022 the complainant has filed memo through his advocate not pressing prayer (1).  Therefore, prayer No.1 to execute registered sale deed does not remain for consideration.
8. The complainant in support of his contention raised in the complaint has filed affidavit evidence and relies on five documents.  The complainant reiterates the facts pleaded in the complaint in his affidavit evidence.  It is borne out from the pleadings, affidavit evidence and documentary evidence that the complainant and OP have entered into sale agreement dated 10.12.2018 and 27.02.2020 wherein the OP admits receipt of Rs.8,40,000/- out of agreed amount of Rs.16,80,000/-.  Even though agreement is dated 10.12.2018, the parties have got renewed their agreement on 27.02.2020.  The complainant by issuing legal notice dated 17.08.2021 called upon the OP to refund his amount of Rs.8,40,000/- with interest at 18% p.a. from the date of payment till realization and he also claims Rs.5,000/- as a cost. But in the legal notice, the complainant has not sought for any compensation.  The document No.4 indicates that complainant issued legal notice through RPAD to the OP.  But unfortunately registered notice returned unserved.
9. It has been proved that the complainant has paid Rs.8,40,000/- to the OP in two installments i.e. Rs.2,00,000/- on 01.12.2018 and Rs.6,40,000/- on 10.12.2018.  As per the agreement, the complainant was supposed to pay balance of Rs.8,40,000/- under 30 months EMI scheme.  This complaint came to be filed on 11.10.2021. After 10.12.2018, the complainant has not made any further payment.  However, OP neither refunded Rs.8,40,000/- nor called upon the complainant to pay the balance and he was ready to execute registered sale deed.  The OP remains silent after receipt of Rs.8,40,000/- in the month of December, 2018.  This act of the OP amounts to deficiency of service.  Therefore, the complainant is entitled to Rs.8,40,000/- as refund from the OP.
10. The complainant seeks interest at 18% p.a. on this amount from the date of payment till realization.  This interest is exorbitant.  It is proper to award interest at the rate of 10% p.a. on Rs.2,00,000/- from 01.12.2018 and Rs.6,40,000/- on 10.12.2018.  When we are awarding interest on this payment, the complainant is not entitled to compensation amount separately. The complainant has engaged the service of advocate. Therefore, cost of litigation is quantified at Rs.10,000/-.
11. Point No.3:- In view of the discussion referred above, the complaint requires to be allowed in part.  The OP is liable to refund Rs.8,40,000/- with interest at 10% p.a. on Rs.2,00,000/- from 01.12.2018 and on Rs.6,40,000/- from 10.12.2018 till realization.  The OP is also liable to pay Rs.10,000/- towards cost of litigation to the complainant.  It is necessary to impose time limit for compliance of this order.  It is also necessary to enhance the rate of interest, if the OP fails to comply the order. Hence, we proceed to pass the following  

  O R D E R

1. The complaint is allowed in part.
2. The OP shall refund Rs.8,40,000/- with interest at 10% p.a. on Rs.2,00,000/- from 01.12.2018 and on Rs.6,40,000/- from 10.12.2018 till realization and also to pay Rs.10,000/- towards litigation cost to the complainant.
3. The OP shall comply this order within 60 days from this date and in case of failure to do so, OP shall pay 12% p.a. interest after expiry to 60 days on Rs.8,40,000/- till realization.
4. Furnish the copy of this order and return the documents to the complainant with extra pleadings.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 27^th day of January, 2022)

Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.5:-