COMPLAINTS FILED ON: 17.06.2011

DISPOSED ON:09.12.2011.

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

9^TH DAY of DECEMBER-2011

  PRESENT:-  SRI. B.S. REDDY                       PRESIDENT

                     SMT. M. YASHODHAMMA              MEMBER

                     SRI. A. MUNIYAPPA                      MEMBER

COMPLAINT Nos.1101, 1102, 1103, 1104/2011

O R D E R

SRI. B.S. REDDY, PRESIDENT

All these complaints are filed U/s. 12 of the Consumer Protection Act of 1986 by the respective complainants through their Power of Attorney seeking direction against the Opposite Parties (herein after called as O.Ps) to refund the advance sale consideration paid for allotment of sites with interest at 18% p.a. and compensation of Rs.1,00,000/- on the allegation of deficiency in service on the part of the OPs.

2. Since OP is common in all these complaints, in order to avoid the repetition of facts and multiplicity of reasoning’s all these complaints are stand disposed of by this common order.

3. The case of the complainants to be stated in brief is that:

    Ops are being a Partnership Firm engaged in forming the layouts and allotting the residential sites made these complainants to pay part of sale consideration for the sites proposed to be formed at Herobande Village, Kasaba Hobli, Chikkaballapur Taluk and District known as “KRUPA’S AERO WINGS”. Ops have collected the amount and issued the receipts. OP was unable to form the proposed layout and allot the sites. The complainants demanded for refund of the amount with interest and got issued legal notice. OP failed to comply the demand, the complaints felt deficiency in service on the part of the Ops and filed these complaints seeking appropriate reliefs. The details of the amount paid and the sites numbers are as shown in the chart below.

4. On appearance OP filed version contending that the complainants have to approach the Civil Court to enforce the agreement of sale in accordance with law as per Clause-7 of the agreement. OP admits the receipt of part of the consideration from these complainants as shown in the chart above. It is stated that OP has taken immediate steps for forming the layouts but they were not able to get the Government approval for conversion of land from agriculture to non-agriculture purpose within the stipulated time. Now on 23.06.2011 the Deputy Commissioner of Chikkaballapur has passed an order that the land bearing Sy.No.176/1 of Harobande Village is converted for non-agricultural purpose. Now the Ops are able to execute the sale deeds, if the complainants pay the remaining sale consideration. The delay in executing the sale deed is only on the ground that Ops could not get the conversion Order in time. Thus it is stated that there is no deficiency in service, the complaints are liable to be dismissed.

5.The Power of Attorney Holder of the complainants filed affidavit evidence, in order to substantiate complaint averments. Ops have not filed affidavit evidence.

6. The complainants filed Written Arguments.

7.Arguments on complainant’s side heard. OPs side taken has heard.

8. Points for consideration are:

   Point No.1:- Whether the complainants proved

                       proved the deficiency in service on the

                        part of  the OPs?

     Point No.2:- Whether the complainants are entitled

                 for the reliefs now claimed?

   Point No.3:- To what Order?

9. We record out findings on the above points:

   Point No.1:- Affirmative

          Point No.2:- Affirmative in part.

          Point No.3:- As per final Order.

R E A S O N S

10.The undisputed facts are that the OP-1 being a registered partnership firm represented by its Managing Partner and OP2 being one of the Partners of OP1 engaged in formation of residential layouts and allotting the sites, made these complainants to part with part of the sale consideration for allotting the sites as mentioned in the above chart. Ops have issued the receipts acknowledging the receipt of part of the sale consideration from each of these complainants. There is no any agreement of sale executed by Ops. Ops proposed to form the layout called as “KRUPA’S AERO WINGS” at Herobande Village, Kasaba Hobli, Chikkaballapur Taluk and District. They were unable to form the layouts on account of non obtaining Conversion Order of the lands. Now it is stated by the Ops that the Deputy Commissioner, Chikkaballapur has passed an Order of Conversion with respect to land Sy.No.176/1 of Herobande Village on 23.06.2011 and Ops are prepared to execute the sale deed, if the complainants pays the balance sale consideration. Ops have produced the copy of the Order dt.23.06.2011 in complaint No.1104/2011. After going through the said document it is evident that the same is not Conversion Order. It is only an intimation issued to deposit the required amount for Conversion and to abide certain restrictions and execute of the bond for obtaining the Conversion Order. There is no material to show that OP has deposited the amount for Conversion as shown in the said intimation and obtained the Conversion Order. Under these circumstances, we are of the view that without obtaining any Conversion Order and forming the layout for allotting the sites, Ops are not justified in demanding the complainants to pay the balance sale consideration for the sites. The act of Ops neither forming any layout and allotting the sites nor refunding the amount received from these complainants amounts to deficiency in service on their part. The complainants are entitled for refund of the amount with interest at 18% p.a. as compensation along with litigation cost of Rs.2,000/- each. Accordingly, we proceed to pass the following:

O R D E R

The complaints filed by the complainants allowed in part.

In complaint No.1101/2011 Ops are directed to refund an amount of Rs.2,25,000/- with interest at 18% p.a. from 17.11.2008, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

In complaint No.1102/2011 Ops are directed to refund an amount of Rs.2,04,000/-with interest at 18% p.a. from 17.11.2008, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

In complaint No.1103/2011 Ops are directed to refund an amount of Rs.2,25,000/- with interest at 18% p.a. from 17.11.2008, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

In complaint No.1104/2011 Ops are directed to refund an amount of Rs.2,04,000/-with interest at 18% p.a. from 17.11.2008, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

OPs to comply the order within four weeks from the date of this order.

Send the copy of this order to both the parties free of cost.

This original order shall be kept in the file of the complaint No.1101/2011 and a copy of it shall be placed in other complaint.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 9^th day of  DECEMBER– 2011.)

MEMBER                         MEMBER            PRESIDENT

Cs.