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

DATED 21^ST DAY OF NOVEMBER 2024

COMPLAINT No.264/2024

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. Refund the amount of Rs.6,06,700/- to the Complainant along with interest at 18% P.A., and also called upon to pay Rs.5,00,000/- towards monetary damages due to the negligent act and deficiency of service and a sum of Rs.2,00,000/- towards litigation expenses.
2. And further damages from the date of filing of this complaint till the date of realization of the amount with 24% p.a., and grant such other relief.

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

The OPs in the year 2018 have circulated the paper pamphlets in newspaper advertisement and also in electronic media published in ktithousing.com relating to formation of residential layouts and development of sites at TELECOM NEST, situated at 6H49+6FW, Chikkannanahosahalli, near Rajankunte, Yelahanka, Bengaluru North, Bengaluru. 

3. Complainant further submits that she was impressed by the advertisement and the assurance given by the OP4 has become the member of the OP society.  She has also agreed to purchase site measuring 30X40 in four installments.  The complainant has also paid first installment of Rs.2,81,700/- on 05.09.2018 inclusive of membership amount of Rs.1,700/- and the OP1 has issued the receipt.  She has paid the second installment of Rs.3,25,000/- on 03.03.2021.  The complainant has totally paid Rs.6,06,700/- by way of cheque so as to register the site situated at Telecom Nest.

4. The complainant was in contact with the OP4 from the beginning.  The OP1 have assured that they will complete the project in a speed manner and finished the project within June 2021 and shall hand over the possession to the customers forthwith. The complainant has frequently contacted the OP4 and he has informed her that the OP1 to 4 were facing inconvenience in registering the site due to covid pandemic and assured that the registration might start from January 2021.  Even after that the complainant has contacted the OPs on 30.12.2021 and also on 09.05.2022.  After verification she came to know that there was no progress shown till December 2022.  The complainant has visited the office of the OP1 in February 2023 regarding the status of the project either for registration of site or to receive refund of the amount paid towards registration of site as it was delaying.

5. But unfortunately to the shock and surprise the OP1 has closed the office and the employees of the OP1 have given evasive replies to the complainant. There was no proper response from the OPs.  The OPs have also closed their head office at Malleshwaram in the month of October 2023.  When the complainant tried to contact the OP1 to 4 but none of them have given any reply and attended the messages.   After that she got issued legal notice on 02.03.2024.  The notice has been delivered to the OP1 to 4 on 05.03.2024 and one RPAD cover was returned with a reason no such person in the office address.  After that the OPs have never complied the request of the complainant either to register the site or to refund the entire amount. Hence this complaint has filed.

6. After issue of notice OPs have not appeared before this commission. Hence OPs placed exparte.

7. The complainant has filed her affidavit evidence and relies on 14 documents.

8. The following points do arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

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

       Point No.1:  Affirmative

      Point No.2 : Party Affirmative

      Point No.3 : As per final orders

REASONS

10.    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 and written arguments of complainant and documents.  Inspite of issue of notice, the OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

11. The complainant filed his affidavit evidence and relied on Ex.P1 to P14. Ex.P1 is the copy of the brochure/paper pamphlet and layout plan, Ex.P2 is the copy of the payment receipt of Rs.1,700/-, Ex.P3 is the original membership ID Ex.P4 is the original share certificate, Ex.P5 is the original payment receipts, Ex.P6 is the bank statement, Ex.P7 & 8 are the whatsapp chats and development photographs, Ex.P9 is the copy of the legal notice, Ex.P10 is the postal receipts, Ex.P11 is the postal acknowledgements and Ex.P12 is the returned RPAD cover and Ex.P13 is the copy of the aadhar card.

12. It is clear from the evidence and documents produced by the complainant that the complainant impressed by the advertisement and assurance given by the OPs has become the member of the OP society and further agreed to purchase site measuring 30X40 feet situated at Telecom Nest.  She has paid a total amount of Rs.6,06,700/- on 05.09.2018 and 03.03.2021 and the OPs have also issued receipts for having received the amount.

13. According to the OPs they will complete the project and hand over the possession of the site forthwith from January 2021. Even though the complainant has waited on the assurance given by the OPs till February 2023 the OPs have not even completed the project and hand over the possession of the site.  After that they have closed their offices and they are not at all available for the complainant for her contact.  After that the complainant has also got issued notices and inspite of service of notice they have neither allotted the site nor come forward to refund the amount.

14. It is the duty of the OPs either to register the site and hand over the possession of the site forthwith as per their assurance or to refund the amount. When they are unable to complete the project, the complainant cannot wait for an indefinite period for allotment of site or for refund of the amount by the OPs.  The conduct of the OPs clearly discloses that they have collected the amount from the innocent purchasers like complainant without having any idea of completing any project and allotment of the site or refund of the amount and thereby they have committed deficiency of service, unfair trade practice.

15. Even though the complainant has paid substantial amount of Rs.6,06,700/- the OPs have failed to allot the site or even to complete the project or to refund the amount. Under these circumstances, the complainant is entitled for the relief claimed. Hence we answer point No.1 in the affirmative and point No.2 party in the affirmative.

16. Point No.3:- In view the discussion referred above the complaint is liable to be allowed and hence we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OPs are directed to refund Rs.6,06,700/- in favour of the complainant with 9% interest from the date of respective payment till realization.
3. OP is further directed to pay Rs.20,000/- towards litigation charges 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.6,06,700/- 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 21ST day of NOVEMBER, 2024)

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

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

NIL