27.05.2024:-

ORDER

Delivered by Mr.K.B.Sangannanavar. Judicial Member & In-charge President-(Prl.DJ (R)

01.   This is a complaint filed under section 17 of the Consumer Protection Act, 1986 seeking direction to OP to allot a site measuring 50 ft. x 95 in their layout and to execute the registered sale deed in favour of the complainant and to handover all documents pertaining to the said land and to award compensation of Rs.10,00,000/- and Rs.1,00,000/- respectively or in  the alternative to refund Rs.5,98,500/- along with interest at 24% per annum as agreed in clause 14 of the agreement from the date of deposit till the entire payment is made and to award compensation of Rs.10,00,000/- and Rs.1,00,000/- towards costs of the proceedings.

02.   This complaint came to be received on 18.08.2018, through advocate and came to be admitted and ordered for issuance of notice against OP Nos.1 & 2 and were been duly served. They were served even before 22.10.2018, however as on the date of their appearance fixed on 17.12.2018, failed to participate in the complaint proceedings. However, on 12.01.2021 Mr. SPG, Advocate, put his appearance for OP along with version by then already elapsed the right of filing of such version as such was not recorded. 

03.   In view of the above such circumstances, the Commission proceeded to hold an enquiry by receiving affidavit evidence of complainant and documents. On the contrary nothing is placed on record by the Ops, to rebut the materials placed on record by complainant, hence after closure of the enquiry, having heard the Learned counsel for complainant, we have to decide whether complainant has proved the alleged deficiency of service on the part of opposite parties in respect of the site agreed to be sold in his favour under an agreement of allotment dated: 05.12.2007 ? And if it is so, what relief could be granted?.

04.   The complainant in his complaint has stated that, he was an aspirant to have a site measuring 50 ft x 95 ft at one of the upcoming residential Villas Layout/Township at Hampapura under the name and style of “NICE VISTAS” which was being developed by the opposite parties and in this connection between complainant and opposite parties an agreement of allotment dated: 05.12.2007 upon certain terms and conditions enunciated wherein detail.  The agreement of allotment is entered between the parties and to find  support Ex.C.1 is placed is an Agreement of Allotment. Learned counsel for complainant had submitted,  so far the opposite party has failed to develop the said project, yet promising to allot a site as agreed in the said layout. Further counsel  has bring  to the notice of the Commission, as per clause 14, OP agreed   to pay monthly delay charges calculated at the rate of 2% of Rs.5,98,500/- per month from the date the Plot was liable to be allotted till date of allotment. 

05.   Ex.C-2 is a letter dated: 17.01.2011 addressed to the complainant, wherein  informed  the Plot number as per his choice is 30 & 31, measuring 2400 sq. ft. each. In other words such sited with specific numbers is already allotted.

06.   Ex.C.3 is the copy of legal notice dated: 27.06.2018 and it is not replied by the OP.   Learned counsel submits, few sites have been already registered in favour of few of the allottee and opposite on and on   informed the complainant to give sites which are already allotted to the complainant.    

07.   In the above such circumstances, it would be appropriate to grant the relief sought in the complaint as prayed. Hence, proceed to allow the complaint in-part and directed the opposite party Nos.1 & 2 to execute a registered sale deed in favour of complainant in respect of site bearing Nos.30 & 31 measuring 2400 sq. ft. each and to handover all documents pertaining to the said sites.

08.   The registered sale deed is directed to be executed within three months. The Ops are directed to pay Rs.50,000/- towards compensation and  Rs.25,000/- as litigation cost failing which, in the alternative  to   refund   the entire amount of Rs.5,98,500/- along with interest at 24% per annum as agreed in Clause – 14 of the agreement from the date of receipt of payment till the entire payment is made and to pay compensation of Rs.50,000/- and Rs.25,000/- towards litigation expenses.

          Sd/-                                                           Sd/-

LADY MEMBER                                JM/PRESIDENT(I/C)

KNMP*