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

DATED 26^TH DAY OF FEBRUARY 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OPs to pay a sum of Rs.35,04,490/- to the complainant within the time to fixed by this Hon’ble Court.
2. Direct the OPs to pay future interest at 18% p.a., on the aforesaid amount from the date of this suit till final payment.
3. To grant Rs.10,00,000/- towards compensation/damages in lieu of pain, agony and loss occurred due to wrong investment made at the behest of the OP and also cost of this proceedings.
4. Grant such other and future reliefs.

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

After going through the advertisements, broachers and publications made by the OPs, complainant has entered into an Agreement sale dated 23.08.2019 with the OP1, for individual residential apartment, bearing No.F-201, II Floor, F Block, SKYLARK ROYAUME, measuring 1138.06 sq.ft, carpet area 1533 sq.ft, with one covered car parking slot, along with undivided share of 448 sq. feet, for a mutually agreed sale consideration of Rs.79,64,745/-. The construction of the building was bound to be completed on or before 30.09.2021 with grace period of 3 months to complete the entire project.  The complainant has paid a total sale consideration of Rs.35,04,490/- as advance sale consideration through different cheques, the OPs have duly acknowledged the same.

3. The complainant further submits that the OPs since then had neither responded to the calls nor have they tried to complete the project as undertaken by them under the aforementioned agreement. The complainant has issued a lawyer notice dated 01.07.2023. The OPs have committed deficiency in service, hence complainant has filed this complaint.

4. In response to the notice, OP has not appeared before this Commission. Hence OP placed exparte.
5. The complainant has filed his affidavit evidence and relies on 04 documents. 
6. Heard the arguments of the complainant.  Perused the written arguments filed by the complainant.
7. 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?

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

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

9. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, affidavit evidence of the complainant, written arguments and documents. Inspite of issue of notice OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

10. The undisputed facts which reveals that after going through the advertisements, broachers and publications made by the OPs, complainant booked flat bearing No.F-201, situated at II Floor, F Block, SKYLARK ROYAUME, measuring 1138.06 sq.ft, carpet area 1533 sq.ft, with one covered car parking slot, along with undivided share of 448 sq. feet, for a mutually agreed sale consideration of Rs.79,64,745/-.  Complainant has paid an advance amount of Rs.35,04,490/- through cheques and entered into an agreement of sale dated 23.08.2019 which is marked a Ex.P1.
11. After entered into agreement of sale OPs have neither responded the calls nor have they tried to complete the project as undertaken by them. Hence OP has committed deficiency in service. Complainant got issued legal notice dated 01.07.2023 as per Ex.P2, the same was delivered to the OPs, as per postal acknowledgement produced by the complainant Ex.P4, but OPs have not responded to the same.
12. The complainant claiming for refund of the advance amount of Rs.35,04,990/- with interest at 18% pa., from the date of complaint till realization with compensation of Rs.10,00,000/- and also for costs.

13. The conduct of the OPs in not completing the project and deliver the same within the prescribed time, discloses that they are fully failed in discharging their respective services and they have committed deficiency of service, unfair trade practices and they have further cheated the complainant and disappointed the complainant to have their own house in and around the Bangalore city.  The complainant has claimed for refund of the advance amount paid by them with interest at 18% p.a., from the date of this complaint till realization with compensation and cost. The complainant is entitled for the recovery of the advance amount with interest at 10% p.a., from the date of complaint till realization. The complainant is also entitle for compensation of Rs.5,00,000/- with cost of this litigation. Under these circumstances, we feel it is necessary to allow this complaint in part and hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

14. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OPs are hereby directed to refund the advance amount of Rs.35,04,490/- with interest at 10% p.a., from the date of this complaint till realization.
3. OPs are further directed to pay compensation of Rs.5,00,000/- with litigation cost of Rs.10,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.35,04,490/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 26^TH day of FEBRUARY 2024)

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

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

NIL