Karnataka

Bangalore 1st & Rural Additional

CC/441/2017

Neha Kumari, - Complainant(s)

Versus

Godrej Properties (Project- Godrej United) - Opp.Party(s)

12 Apr 2017

ORDER

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER
 
Complaint Case No. CC/441/2017
 
1. Neha Kumari,
D.O.B. 21/06/1990 ( Age 26 years) D/o. Rakesh Sharma, Flat-3B, House-1263, 32nd G Cross, 28th Main, Jayanagar 4th T Block, Bangalore -560 041.
...........Complainant(s)
Versus
1. Godrej Properties (Project- Godrej United)
Khata No.30, Survey No.28/2, Whitefield Main Road, (Near Phenoix Marketcity) Hoodi Village, Krishnarajapuram Hobli, Bangalore-560048. Phone: 18002582588/8884313199
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT
 HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B., MEMBER
 HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 12 Apr 2017
Final Order / Judgement

Dated:12.04.2017

Perused the complaint and its annexures. It is the case of the complainant is that she purchased the  property in question as a resale from a buyer one Mrs.A.Padmaja a closed relative of her which is belongs to O.Ps.  However in the complaint it is not mentioned what is the sale consideration fixed for the said property, but the complainant states that, she paid  total amount of Rs.11,86,661/- and the O.Ps agreed to complete the project by December 2017. Further the complainant states that, the delivery will be by 31.3.2018 and hence filed this Complaint with a prayer to direct the O.Ps to pay rent Rs.21,000/- per month for 45 months. 

It is worth to note that, on perusing the records placed before us except the communications the complainant did not place the agreement executed between the parties. Further the complainant also not made her Vendor Mrs A.Padmaja as a party to the proceedings.  Furthermore the complaint itself is inchoate one.  Above all as per the saying of the complainant O.Ps promised to deliver the completion of the project by December 2017 and possession will be deliver in the month 31.03.2018 and hence the complainant is also filed in a premature stage and no cause of action accrued to the complainant. Viewing from any angle there are no grounds to admit the complaint. Therefore, invoking powers conferred under Section 12(3) of Consumer Protection Act, the complaint is hereby rejected.  

 
 
[HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B.,]
PRESIDENT
 
[HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B.,]
MEMBER
 
[HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B]
MEMBER

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