BEFORE THE ADDITIONAL BENCH DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MYSURU.
Consumer Complaint (C.C.)No. 1121/2016
Complaint filed on 12.02.2016
Date of Judgement.21.04.2017
PRESENT : 1. Shri Ramachandra M.S., B.A., LL.B.,
PRESIDENT
2. Shri Thammanna,Y.S., B.Sc., LL.B.,
MEMBER
Complainant/s : 1. Mrs. Bharathi
W/o Sri. B.R. Venkat rao,
Aged about 55 years,
R/at Do.No. 598, 15th cross,
LIC colony , Srirampura 2nd stage,
Mysuru.
(Sri Rajachari., Advocate)
V/s
Opponent /s : 1.M/s Smart City,
Represented by its Managing Director
Sri. Inayath
Office No. 179/8, Ali Complex,
M.G. Road, Udayagiri,
Mysuru-570019.
Also for speedy service
No. 496, Tonappanahalli,
Bettadahalasuru post,
International Airport road,
Bangalore North.
(Exparte)
Nature of complaint | : | Deficiency in service |
Date of filing of complainant | : | 12.02.2016 |
Date of Issue notice | : | 28.03.2016 |
Date of Order | : | 21.04.2017 |
Duration of proceeding | : | 1 years 2 months 9 days |
SHRI RAMACHANDRA . M.S.,
PRESIDENT
JUDGEMENT
The complaint filed under section 12 of Consumer Protection Act seeking for the relief to direct the opposite party to execute sale deed, along with other relief.
2. The brief facts of the complainant is that the complainant become member of opposite party firm in order to purchase site in particular site no .16 is formed in survey no 186/1 measuring 30 x40 feet and total sale consideration is fixed for Rs. 6,20,000/- further a sale agreement is also executed between complainant and opposite party on 20.04.2013 and Rs. 3,15,000/- is paid on the said date of agreement. As per agreement opposite party has agreed to execute a sale deed within one month from the date of the agreement. Further in spite of lapse of 4 months opposite party did not execute sale deed as agreed on 24.010.2013 complainant and opposite party have entered into another extended sale agreement. complainant had paid the entire sale consideration amount of Rs. 6,20,000/- as per the terms of agreement opposite party has to execute sale deed in favour of complainant within three months.
Thereafter when complainant approached the opposite party for execution of sale deed opposite party has dodged the same by giving one or the other reason for such along period the complainant issued legal notice on 29.01.2016 by calling the opposite party to honour the agreement and to execute sale deed. The said notice is returned with shara always door lock. Further aggrieved by the act of opposite party complainant has filed the complaint seeking the relief of execution of sale deed in respect of site no 16, and prays for the other reliefs.
4. The notice to the opposite party duly served in spite of it he remained absent he was placed exparte
5. The complainant has filed examination in chief affidavit and produced two agreement copies and 5 payment receipts in support of his contention heard arguments posted for orders
6. The points that arise for our consideration are;-
- Whether the complainant proves the deficiency in service and unfair trade practice by opposite party , by not executing sale deed in respect of site no 16 smart city, martikyathanahalli Jayapura Hobli Mysuru and thereby entitle for the reliefs sought?
- What order?
7. Our answer to the above points is as follows;
- Point No.1: Partly in the affirmative.
- Point No.2: As per final order for the following;
REASONS
8 . Point No.1:- The complainant has proved the facts that with an intention to purchase site , she approached the opposite party firm and became member of their project by paying Rs. 1,000/- and further complainant has entered into a sale agreement on 20.04.2013 with opposite party for purchase of site no 16 which is formed in sy no 186/1 measuring 30 x40 situated at smart city, martikyathanahalli , Jayapura hobli, Mysuru the total sale consideration is fixed at Rs. 6,20,000/- and on the date of sale agreement Rs. 3,15,000/- was paid it was agreed by both of them that balance sale consideration will be paid at the time of execution sale deed. Thereafter, after the lapse of 3 to 4 months when opposite party failed execute the sale deed as per terms and conditions of agreement which complainant approached for the same and opposite party gave one or the other reason and dodge the same on 24.10.2013 once again the complainant has entered into a extended sale agreement with opposite party by paying remaining balance sale consideration in respect of site. On the date of extend sale agreement complainant has paid the entire sale consideration of Rs. 6,20,000/- in spite of second agreement and even after the lapse of another 5 to 6 months opposite party has not chosen to honour the terms of agreement. Whenever complainant approach for site he dodged the same by giving one or the other reason and like that he has prolonged the same for such a long period, by believing his words complainant an age old lady waited for such prolonged period. At last when she lost hope of getting site she filed the complainant seeking the relief of site and other reliefs for which she is entitle.
9. Here the complainant has supported her contention with relevant documents in support of her claim. Two sale agreement copy and 5 payment receipts issued by opposite party has corroborated her contention, on 18.04.2017 the complainant filed , Memo by praying the fora for the refund of entire deposited mount of Rs. 6,20,000/-by perusing all these we are of the view that the complainant proved her claim beyond reasonable doubt and also proved that there is deficiency in service and unfair trade practice on the part of opposite party for which she is entitle for the relief as claimed.
10. For the above reasons by looking at the facts and documents produced by complainant has proved his case beyond reasonable doubt and also complainant proved that there is deficiency of service on the part of opposite party by doing unfair trade practice.
11. According to this forum we answered Point no.1 in the partly affirmative and pass the following:
12. Point no.2:- For the above discussion we here by proceed to pass the following:
ORDER
- The complaint is hereby allowed in part.
- The opposite party is directed to pay a sum of Rs. 6,20,000/- to the complainant within 60 days of this order with interest at the rate of 20% p.a from the date 24.10.2013 to till payment made
- The opposite party is directed to pay compensation of Rs. 3,00,000/- land Rs. 10,000/- towards mental agony and Rs. 5,000/- towards cost of proceedings to the complainant within 60 days of this orders.
- In default to comply the above order amount of Rs. 3,15,000/- the opposite party shall pay interest at the rate of 15 % p.a from the date of this orders till payment.
5. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of
the CP Act, 1986.
6.Give the copies of this order to the parties, as per Rules.
(Dictated to the stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on the 21st April 2017)
Shri Thammanna Y.S., Shri Ramachandra M.S.,
Member. President.
LIST OF WITNESSES EXAMINED AND DOCUMENTS PRODUCED ON BEHALF OF COMPLAINANT
Evidence by way of affidavit on behalf of complainant:
CW-1 : BHARATHI
List of Documents on behalf of complainant:
1 : Agreement of sale dated 20.04.2013
2 : Agreement of sale dated 24.09.2013
3 : Payment receipt dated 02.02.2013
4 : Payment receipt dated 06.02.2013
5 : Payment receipt dated 18.04.2013
6 : Payment receipt dated 02.05.2013
7 : Payment receipt dated 11.05.2013
8 : Letter dated 23.11.2015
9 : Legal notice dated 29.01.2016
LIST OF WITNESSES EXAMINED AND DOCUMENTS PRDOUCED ON BEHALF OF OP.
Evidence by way of affidavit on behalf of OP :
Exparte
List of Documents on behalf of OP :
Nil
Shri Thammanna Y.S., Shri Ramachandra M.S.,
Member. President.
