Date of Filing:12.01.2022

Case remanded on : 08.08.2022

Date of Disposal:31.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI RAMACHANDRA.M.S,PRESIDENT

1. The complainants files a complaint with this Commission under Section 12 of the Consumer Protection Act of 1986to direct the OP to executed a registered sale deed in respect of Plot No.374 and put the complainant in possession of the property, to complete the pending work including formation of road & drainage etc. and to refund the amount of Rs.10,000/- as a compensation to the complainant  for the deficiency of service and grant such other reliefs.

2.  The following are the complaint's key facts:

This is the case of the complainant thatthe OP has formed residential layout in sy.no.176, 177, 179, 189 and 213 situated at Chikkathipathi, Lakkur hobli, MalurTq. Kolar Dist. under the name and style of “Sri Balaji Residency”. The OP carved out sites of various dimensions in the said layout. The OP published advertisement with regard to the formation of said layout and sale of sites in the layout.The OP after obtaining conversion order from the statutory authority for the formation of residential layout has agreed to sell the sites. Wherein the consideration of the said sitesshall be paid in installments.

3. The complainant further submits that after due negotiations with the  OP had agreed to purchase the plot bearing no.374 measuring an extent of  1200 Sq. ft. in the said layout at the rate of Rs.450/ per sq. ft. Accordingly, the complainant had entered into agreement for purchase of schedule property for a valid sale consideration of Rs.5,40,000/- it includes all development charges. Accordingly, the agreement of sale came to be executed between them on 26.04.2012. As per terms of agreement the OP sold  the property bearing site no.374 for a total sale consideration of Rs.5,40,000/- and also agreed the complainant shall pay sum of Rs.79,000/- at the time of entering into agreement and the balance sale consideration amount of Rs.4,41,000/- shall be paid within 35 months as installments from the date of booking. Accordingly, as per terms of sale agreement dt.26.04.2012, the complainant paid sum of  Rs.79,000/- as booking amount by way of cheque on 25.04.2012 drawn on ICICI Bank, another payment of Rs.20,000/- is also paid through cheque dt.11.04.2012 and  complainant also paid the balance sale consideration amount of Rs.4,23,000/- as per terms of agreement through 35 installments and on receipt of the same the OP has issued the payment receipts for being received the total deposit amount of Rs.4,23,000/- as per annexure C-3 document produced by the complainant.  It is also agreed by the complainant that the remaining sale consideration amount of Rs.1,20,000/- to be paid by the complainant as on the date of the execution of sale deed from the OP. Even there  after lapse of more than 9 years, despite of receipt of Rs.5,22,000/- and the complainant found that the OP has failed to complete major works of the said project like formation of road,  alas-patting and drainage work etc. All these basic amenities works are not at all completed and also OP has failed to execute registered sale deed to the complainant by handing over the physical possession of the said property. Despite of all efforts the OP has fails to comply the request of the complainant. The complainant was forced to maintain the present complaint in order to get the property registered in his favour by seeking reliefas prayed and  other relief as prayed in the complaint.

4. Notice to OP-duly served, represented by counsel and  inspite of sufficient opportunity version statement not filed well within statutory period. Hence, version is taken as not filed.

5. The complainant filed chief-examination affidavit along with relevant in support of his contention.

6. Heard arguments. The matter is reserved for order.

7. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency in service on the part of the OP as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1                :       Partly in Affirmative

Point No.2                :       As per final order

REASONS

9. POINT NO.1:-The case of the complainant is that the OP has formed residential layout in sy.no.176, 177, 179, 189 and 213 situated at Chikkathipathi, Lakkur hobli, MalurTq. Kolar Dist.  under the name and style of “Sri Balaji Residency”. The OP carved out sites of various dimensions in the said layout. The OP published advertisement with regard to the formation of said layout and sale of sites in the layout.  The OP after obtaining conversion order from the statutory authority for the formation of residential layout, OP has agreed to sell the sites. Wherein the consideration of the said sites  shall be paid in installments.

10. The complainant after due negotiations with the  OP had agreed to purchase the plot bearing no.374 measuring an extent of  1200 Sq. ft. in the said layout at the rate of Rs.450/- per sq. ft. Accordingly, the complainant had entered into agreement for sale for the purchase of schedule property for a valid sale consideration of Rs.5,40,000/- it includes all development charges. Accordingly, the agreement of sale came to be executed between them on 26.04.2012. As per terms of agreement the OP sell the property bearing site no.374 for a total sale consideration of Rs.5,40,000/- and also agreed the complainant shall pay sum of Rs.79,000/- at the time of entering into agreement and the balance sale consideration amount of Rs.4,41,000/- shall be paid within 35 months as installments from the date of booking. Accordingly, as per terms of sale agreement dt.26.04.2012, the complainant paid sum of  Rs.79,000/- as booking amount by way of cheque on 25.04.2012 drawn on ICICI Bank, another payment of Rs.20,000/- is also paid through cheque dt.11.04.2012 and  complainant also paid the balance sale consideration amount of Rs.4,23,000/- as per terms of agreement through 35 installments and on receipt of the same the OP has issued the payment receipts for being received the total deposit amount of Rs.4,23,000/- as per annexure-C3 document produced by the complainant.  It is also agreed by the complainant that the remaining sale consideration amount of Rs.1,20,000/- to be paid by the complainant as on the date of the execution of sale deed from the OP. There after even after lapse of more than 9 years, despite of receipt of Rs.5,22,000/-, the complainant found that the OP has failed to completemajor works of the said project like formation of road,  alas-patting and drainage work etc. All these basic amenities works are not at all completed and also the OP has failed to execute registered sale deed to the complainant by handing over the physical possession of the said property. Despite of all the efforts the OP has fails to comply the request of the complainant. The complainant was forced to maintain the present complaint in order to get the property registered in his favour by seeking relief as prayed and other reliefs as prayed in the complaint.

11. From the perusal of complaint averments, as per chief examination affidavit and also  by considering annexure documents which are produced by the complainant  i.e. Ex.C2, C3 and C4, all these documents clearly supports the contentions of the complainant. Wherein, Ex.C2 is sale agreement executed between the complainant and the OP pertaining to the said property and Ex.C3 is payment receipts  total number 35. This piece of document  clearly establish that the complainant has made payment of Rs.4,23,000/- in installments as per terms of agreement a bank statement is  produced by the complainant wherein payment details which is made by the complainant is clearly found entry. From all these exhibits it is crystal clear that deposit of receipt of 80% sale consideration for the purpose of  to purchase said property as per terms and conditions of the sale agreement, the OP has failed to complete the formation of the layout and also they were unable to hand over the physical possession of the plot by executing registered sale deed. This act and omission of the OP clearly shows that they have rendered a deficient service to the complainant who is bonafide purchaser of the plot. The act of the OP clearly attracts deficiency in service on their part. It also shows OP have rendered service in a careless and negligent manner, for which they areheld liable to allot the site to the complainant along with other reliefs which is granted in the complaint. In view of the above discussion, the Point No.1 we answer Partly in Affirmative.

12. POINT NO.2:- In the result, we passed the following:

                             ORDER

1. Complaint is allowed in part.
2. The OP is  directed to allot site  bearing no.374 measuring 30X40 Sq. ft. in the Sri Balaji Residential layout by receiving balance sale consideration of Rs.1,20,000/-. Failing which the OP shall pay entire amount of Rs.4,40,000/- along with  12% interest from the date 06.01.2016  till the payment is made.
3. If the OP is fails to allot the site they shall pay compensation for deficiency of service amounting to sum of Rs.50,000/- and also liable to pay Rs.5,000/- towards cost of litigation to the complainant within 45 days from the date of order. Failing which they shall pay interest on the said amount  at the rate of 8% p.a. from the date   to the complainant.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 31^stMay 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)       

 MEMBER                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:Sri A.Dhamotharan-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:Nil

Documents produced by the OP: Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*