COMPLAINT FILED: 31.07.2008<br /> 26th SEPTEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1698/2008<br /> <br /> <br /> COMPLAINANTS 1. Mr. H.S. Shenoy,<br /> S/o. H. Sanjeeva Shenoy,<br /> Aged about 43 years,<br /> <br /> <br /> 2. Mrs. Mamta Shenoy,<br /> D/o. B.D. Badoni,<br /> Aged about 40 years,<br /> <br /> Both are residing at<br /> No. 279, Vijaya Regency,<br /> Top Floor, 5th Main,<br /> 9th Cross, Bannerghatta Road,<br /> Behind IIM & HSBC,<br /> Bangalore – 560 076.<br /> <br /> Advocate (Rameshchandra)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. M/s. Alpine Housing Development Corporation Ltd.,<br /> No. 302, Alpine Arch,<br /> No. 10, Langford Road,<br /> Bangalore – 560 027.<br /> Represented by its <br /> Managing Director S.A. Kabber.<br /> <br /> <br /> 2. S.A. Kabeer,<br /> No. 302, Alpine Arch,<br /> No. 10, Langford Road,<br /> Bangalore – 560 027.<br /> <br /> 3. Mr. Mohammed Sheriff,<br /> S/o. Mr. Hussain Chariff,<br /> Aged about 27 years,<br /> Represented by his <br /> power of attorney,<br /> S.A. Kabeer,<br /> No. 302, Alpine Arch,<br /> No. 10, Langford Road,<br /> Bangalore – 560 027.<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant to direct the Opposite Party (herein after called as O.P) to deliver the flat by providing all the amenities as promised under the agreement and brochure and pay a compensation of Rs.50,000/- every month till the delivery of the flat and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> These complainants agreed to purchase Flat No. 403 of ‘F’ type in the project floated by the OP in the name and style “Alpine Viva”. OP agreed to deliver the said flat after due completion by 05th July 2008. The total cost of the flat including the registration was fixed at Rs.31,61,220/-. The said cost was payable in an instalment. Complainants in pursuance of the said contract went on paying the cost of the flat. In all they have paid Rs.16,67,000/-, but unfortunately though they are ready and willing to pay the remaining amount, till today the flat is not completed, it is not ready for delivery in all respect. The repeated requests and demands made by the complainants to OP, went in futile. OP came up with a lame excuse that until and unless they complete the 16th floor, they are not in a position to provide all the basic amenities and complete the flats which is purchased by the complainant in the 4th floor. With all that when complainant verified the project the pillars raised are only up to 8th floor. So complainants apprehended that in a nearest future they are unable to reap the fruits of their investment. Thus they felt both the deficiency in service and unfair trade practice on the part of the OP. If the OP delivered the said flat in time they would have accrued atleast monthly rent of Rs.15,000/-, they are deprived of the same. Complainant took Bank loan and got released the amount, they are liable to pay the premium interest and subsequent interest also. The hostile attitude of the OP has forced them to face both mental agony and financial loss. Under such circumstances they are advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On admission and registration of the complaint, notices were sent to the OP’s. Though the information of filing of this complaint was dropped at the admitted address of the OP.2 and 3, they failed to appear before the Forum. The service of notice by I.D. is held sufficient. The notice against OP.1 is held sufficient under sec - 28 A of the C.P. Act. None of the OP’s have appeared before the Forum. Their absence does not appears to be bonafide and reasonable, hence they are placed exparte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed his affidavit evidence and produced some documents. OP did not participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that they being lured away with the advertisement and propaganda issued by the OP’s, who claims to be the builders and promoters of the mutli-storyed flats in and around Bangalore, thought of purchasing a flat. OP gave attractive brochures with so many amenities including walkways, arbors, swimming pool, mini golf, basketball, volleyball, etc. Complainant booked a flat No. 403 of ‘F’ type in the fourth floor of “Alpine Viva”. OP promised to deliver the said flat after due completion by 05th July 2008. The total cost of the flat including the registration is fixed at Rs.31,61,220/-. Complainants not only paid the said amount out of their savings but also availed the loan from Kotak Mahindra and in all paid Rs.16,67,000/- towards the cost of the said flat. <br /> <br /> 5. But unfortunately OP did not deliver the said flat by 05th of July 2008, though complainants are ready and willing to pay the remaining amount, thus they felt the deficiency in service. It is further contended by the complainants that when they made repeated requests and demands to the OP to complete the flat and deliver the possession, it went in futile. OP contended that unless he completes the 16 floor they are not going to provide all those amenities as promised. To the utter shock of the complainant they saw the construction is made only up to 8th floor, pillars were raised only up to 8th floor. Hence complainants felt that in a earnest future OP is not going to complete the said project and deliver the possession of the flat.<br /> <br /> 6. According to the complainants if the flat would have been handed over to them in time they would have rented it out and they would have accrued atleast Rs.15,000/- per month. Because of non-availability of the flat they are put to that financial loss. In addition to that they are overburdened by paying interest to the Kotak Mahindra from where they raised the loan. It is all because of the breach of the promise committed by the OP. The evidence of the complainant finds full corroboration with the contents of the undisputed documents. There is nothing to discard the sworn testimony of the complainant. OP has not disputed the booking of the said flat as well as the receipt of the said amount as contended by the complainants, in addition their failure in handing over of the possession of the said flat in time as alleged by the complainant. The non-appearance of the OP leads us to draw an inference that OP admits all the allegations made by the complainant in toto. We have no other go but to believe the say of the complainants.<br /> <br /> 7. Having taken note of the facts and circumstances of the case, OP by retaining the said huge amount for all these years, accrued the wrongful gain to itself, thereby caused the wrongful loss to the complainants, that too for no fault of theirs. Though complainants invested their hard earned money, they are unable to reap the fruits of the same. Naturally they must have suffered both mental agony and financial loss. In our considered view the justice will be met by directing the OP to pay a compensation of Rs.5,000/- per month to the complainant from July 2008 till completion of the project and handing over of the flat No. 403 of ‘F’ type in their project “Alpine Viva”. With these reasons we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to deliver the flat after completion of the construction as per the agreement, provide all the amenities, basic facilities and necessities as promised as early as possible. It is further ordered till handing over and delivery of the possession of the said flat OP is directed to pay a compensation of Rs.5,000/- per month to the complainant from August 2008. In view of the nature of dispute no order as to costs. This order is to be complied within 2 months from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 26th day of September 2008.) <br /> <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> p.n.g. <br />