Karnataka

Chitradurga

CC/5/2017

S.R. Divakara, S/o Rama Reddy - Complainant(s)

Versus

Greast Way Shopping (P) Limited - Opp.Party(s)

S. Anjaneyalu

24 Aug 2017

ORDER

   COMPLAINT FILED ON :18/01/2017

              DISPOSED ON: 24/08/2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 5/2017 DATED: 24th August 2017

 

PRESENT :-     SRI. T.N. SREENIVASAIAH:   PRESIDENT                                     B.A., LL.B.,

                        SRI.N. THIPPESWAMY:          MEMBER

                                         B.A., LL.B.,

COMPLAINANT/S	S.R. Divakara S/o Ramareddy, Age: 42 Years, R/o Kyadigere Villege, Doddasiddavvanahalli Hobli, Chitradurga Taluk and District.   (Rep by Sri. S. Anjaneyalu,  Advocate)
OPPOSITE PARTIES	1. Great Way Shopping (P) Ltd., represented by its Managing Director, Flat No.406, 4th Floor, Ratna Complex, Beside Image Hospital, Ameerpet,  Hyderabad-500018. 2.  Great Way Shopping (P) Ltd., by its Director Shrishaila A Hooli, H.No.B/49, Azad Co-operative Housing Society, Hindalaga Taluk, Belagavi District. (Rep by Sri. G.V. Shivanna Reddy, Advocate)

Sri. T.N. SREENIVASAIAH: PRESIDENT.

ORDER

 

This complaint has been filed by the complainant U/s 12 of C.P. Act 1986 seeking reliefs to direct the Opposite Parties (herein called OPs) to return the sale consideration amount of Rs.1,29,000/- with interest at the rate of 24% p.a from 28.02.2010 till the date of realization and to direct the OPs to pay the compensation of Rs. 3,00,000/- towards mental agony and to grant cost and such other reliefs.

 

 2.    Brief facts of the complaint is that, the complainant  intended to purchase plot  of 1200 sq.ft., under the name Kubera Fort at Palavvanahally village, Aimangala Hobli, Hiriyur Taluk, Chitradurga District in Sy.No.10/5, 20/1, 20/2, 20/3, 20/4 and 20/5.   Complainant agreed to purchase a plot measuring 1200 sq.ft., for a fixed valuable consideration of Rs.1,29,000/-.  In furtherance of this sale transaction, the complainant has paid entire sale consideration amount of Rs.1,29,000/- to the OPs through D.D bearing No.004963 dated 28.02.2010.  After receipt of the entire sale consideration amount from the complainant, the OP No.1 failed to execute a registered sale deed in favour of the complainant.   As per the terms and conditions, the OPs have clearly specifically and unequivocally agreed to execute the registered sale deed with respect to the plot measuring 1200 sq.ft. within six months of the procedural aspects, but it was assured to the complainant only within six months, any how the OPs have managed to add the vogue and ambiguous words of completion of the procedural aspects after the words within six months.  The complainant has paid entire sale consideration to the OPs.  As such the complainant constantly and repeatedly demanded with the OPs and with their agents to perform their part of contract, but the OPs for one or the other reason by their false assurances dragged on the matter till today, without any pin point progress in their work.  The complainant further stated that, the terms and conditions of the OPs are twisted, evasive and are against to the real facts.  The complainant is a middle class people since from long with a lot of hopes, dreams and ambition to have residential sites, invested huge amount of Rs.1,29,000/- with great risk, as such the complainant repeatedly forced to know the progress of the OPs work with respect to the allotment of plots but, now a days the OPs and their agents used to give evasive ambiguous and irresponsible answers and are trying to avoid their responsibility towards execution of sale deed.  The OPs must adopt fairness, promptness, sincerity, honest and punctuality in practicing with their trade and business instead of this the OPs just to knock the public money including the complainant by unfair dishonest defective and deficient trade practice and service misused the public and complainant trust and his money, hence this complaint.  The cause of action arose on and from 28.02.2010 and finally on 18.07.2016 at Chitradurga which is within the jurisdiction of this Hon'ble Forum and prayed for allow the complaint with cost. 

              

3.     On service of notice OPs appeared through their Advocate and filed their version stating that, the constitution of company of OP and its intention is to form layouts is not in much dispute.  The averments made in para 2 to 4 of the complaint are true and admitted.  The averments made in para 5 to 8 of the complaint are all false and the complainant is put to strict proof of the same.  The OPs are admitted that, they are entering into the agreement for handing over the plot measuring 1200 Sq.Ft., and received the consideration amount of Rs.1,29,000/-.  Further the OPs submits that, the conversion of land work is already completed.  The delay is caused only because of conversion of the land from agriculture into nonagricultural is done by the Government officials of different Government office.  The physical work is in progress.    The electricity, drainage, road work and bridge work is to be initiated shortly.  On completion of the above work, numbers are allotted to each plots.  Once the numbers are allotted to all the plots, the OPs are bound to handed over the plot of 1200 sq.ft., to the complainant.  The relief sought in the prayer for return of the amount of Rs.1,29,000/- does not arise.  Because the OPs are entering into the agreement with the complainant is only to hand over the plot of 1200 sq.ft.  Hence, the question of paying compensation of Rs.3,00,000/- to the complainant does not arise and hence, prayed for dismissal of the complaint with cost.    

    

 4. Complainant himself examined as Pw-1 by filing affidavit evidence and filed documents, the same were got marked as Ex A-1 to A-5.

 

        5. On behalf of OPs one Sri. M. Venkateshwara Rao, the Director of OP No.1 company examined as DW-1 by filing affidavit evidence and filed documents, the same were got marked as Ex.B-1 & B-2.   

 

        6. Heard the arguments.

 

7.     Now the Points arise for our consideration for the decision of the complaint are that:-

 

Point No.1:- Whether the complainants prove that the OPs have committed deficiency in service in non-registering the plot or return the sale consideration amount along with interest?

 

Point No.2:- What order?

       

8. Our findings on the above points are as below.

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

                                ::REASONS::

 

9. Point No. 1:-  It is not in dispute that, complainant agreed to purchase a plot measuring 1200 sq.ft., for a fixed valuable consideration of Rs.1,29,000/-and paid the entire sale consideration amount of Rs.1,29,000/- to the OPs through D.D bearing No.004963 dated 28.02.2010.  After receipt of the entire sale consideration amount from the complainant, the OPs have failed to execute a registered sale deed in favour of the complainant.  The OPs are admitted that, they are entering into the agreement for handing over the plot measuring 1200 Sq.Ft., and received the consideration amount of Rs.1,29,000/-.  It is argued by the advocate for OPs that, the conversion of land work is already completed.  The delay is caused only because of conversion of the land from agriculture into nonagricultural is done by the Government officials of different Government office.  The physical work is in progress.    The electricity, drainage, road work and bridge work is to be initiated shortly.  On completion of the above work, numbers are allotted to each plots.      

 

10.  To prove his case, complainant himself examined as PW-1 by filing affidavit evidence in which he has reiterated the contents of complaint and relied on documents got marked as Ex.A-1 to A-5.  Ex.A-1 is the Temporary Receipt issued by the OPs to the complainant on 28.02.2010 for receiving the amount of Rs.1,29,000/-, Ex.A-2 is the application form for allotment of site received from the complainant, Ex.A-3 is the office copy of the legal notice dated 18.07.2016, Ex.A-4 is the consent letter for receiving the amount from the complainant and undertakes to allot the plot in favour of the complainant and Ex.A-5 is the  postal receipts and served acknowledgements.

 

11.  On the other hand, to prove the case of the OPs, one Sri. M. Venkateshwara Rao, Managing Director of OP No.1 examined as DW-1 by filing affidavit evidence in which reiterated the contents of version and relied on documents got marked as Ex.B-1 & Ex.B-2.  Ex.B-1 is the CD of the layout and Ex.B-2 is the approved plan of the survey numbers as stated in the complaint which is converted into non-agricultural purpose.

 

12.  We have gone through the entire pleadings, version, affidavits, written arguments filed by both sides.  As per the documents produced by the complainant, it clearly shows that, the complainant intended to purchase a plot from the OPs and paid the entire sale consideration amount to the OPs.  The OPs also agreed to execute the registered sale deed after completion of the entire process but, the OPs have taken nearly six years for executing the sale deed in favour of the complainant, which is a deficiency of service on the part of OPs.  The acts of OPs is not fair.  It is clearly shows that OPs have committed unfair trade practice and deficiency in their service.  Therefore, OPs are liable to pay sum of Rs.1,29,000/- with interest at 9% p.a from 28.02.2010 till the payment to the complainant and also for sum of Rs.1,00,000/- towards compensation and Rs.5,000/- towards cost of this proceeding.  Hence, we have not agitate to answer the Point No.1 held as partly affirmative. 

 

13.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following.

 

ORDER

It is ordered that complaint filed by the complainant U/Sec.12 of the C.P. Act, 1986 is hereby partly allowed.

It is further ordered that, the OPs are directed to pay a sum of Rs. 1,29,000/-, the sale consideration amount along with interest at the rate of 9% p.a from 28.02.2010 till the date of realization. 

 

It is further ordered that OPs are directed to pay sum of Rs.1,00,000/- towards compensation and Rs.5,000/- towards cost of this proceedings to the complainant. 

 

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

        (This order is made with the consent of Member after the correction of the draft on 24/08/2017 and it is pronounced in the open Court after our signatures.)      

 

 

MEMBER                                         PRESIDENT

 

:ANNEXURES:

Complainant by filing affidavit evidence taken as PW-1.

On behalf of OPs one Sri. M. Venkateshwara Rao Managing Director, examined as DW-1 by filing affidavit evidence

Documents marked on behalf of complainant:

01	Ex-A-1:-	Temporary Receipt
02	Ex-A-2:-	Application form for allotment of site
03	Ex-A-3:-	Office copy of the legal notice dated 18.07.2016
04	Ex-A-4:-	Consent letter for receiving the amount from the complainant
05	Ex-A-5:-	Postal receipts and served acknowledgements

Documents marked on behalf of Opponents:

01	Ex-A-1:-	CD of the layout
02	Ex-A-2:-	Approved plan

 

 

MEMBER                         PRESIDENT

 

Rhr***