BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 22^nd NOVEMBER 2022

PRESENT

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT

Mr KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

Consumer Complaint No.429/2019

Ranjith R Suvarna,

Aged about 61 years,

S/o Sanjeeva Suvarna,

R/a D.No.104, 1^st Floor,

Matrix Diya, Kunjibettu,

​

(By Nataraja Ballal, Adv.)

-Versus-

1. Manjunatha Kalkura,

Aged about 86 years,

S/o Late Narayana Kalkura,

R/a Om Nivas, Sagri,

Udupi Taluk and District.

2. S. Prasanna Kalkura,

Aged about 50 years,

S/o Manjunatha Kalkura,

R/a Om Nivas, Sagri,

Udupi Taluk and District.

3. Smt. Surekha P Kalkura,

Aged about 40 years,

W/o Prasanna Kalkura,

R/a Om Nivas, Sagri,

Udupi Taluk and District.

4. M/s Sagri Builders and Developers,

Om Nivas, Sagri, Shivalli Village,

Udupi Taluk and Distirct. ………………..Opposite Parties

ORDER

BY Mrs. M.DIVYASHREE : LADY MEMBER

1. This is a complaint filed under Section 17 of Consumer Protection Act, 1986 with a prayer to direct OPs to repay an amount of Rs.61,66,850/- to the complainant along with interest @ 15% p.a. from the date of amount paid till realization.  Further prayed to direct OPs to pay an amount of Rs.20,00,000/- to the complainant towards the mental agony and harassment undergone by him along with cost of the proceedings and such other reliefs as the Commission deems fit.

2. On admission of this complaint, notice of the complaint is ordered on the OPs.  Although the notice of complaint is served on OPs, yet they remained absent and accordingly OPs are set exparte.  During the course of enquiry it is found that complainant Sri.Ranjith R Suvarna expired on 19.09.2020.  Hence his wife Smt.Lalitha Suvarna bought as LR of deceased complainant to prosecute this complaint.  The LR of deceased complainant submitted affidavit evidence which are marked as Ex.C1 to C9(c). The Commission heard learned counsel for the complainant and we examined the contents of the complaint, relief claimed and affidavit evidence.

3. It is the case of the complainant that OP no.1 to 3 being the partners of OP no.4 M/s Sagri Builders and Developers commenced construction of residential apartment building on an immovable property situated at Shivalli Village of Udupi Taluk and District, which is more fully described in Schedule-A property. The complainant with fond hope of having the dream house entered into an Agreement of Sale on 15.04.2013 for sale of an apartment/flat which is described in Schedule-B property in this complaint.  In this regard, complainant had paid Rs.61,66,850/- to the OPs by cash, is hereby acknowledges the receipt of the same which is clearly mentioned in the clause-3 of Ex.C1 i.e. Agreement of Sale dated 15.04.2013. But still now OPs have not shown any interest in completing the construction or in otherwords, failed to complete the construction work and handover the flat to the complainant. OPs being the builders have not handed over the apartments/flats to complainant till this day.  Further complainant states that, OPs have been dodging the request of complainant on one pretext or the other and also complainant had came to know about the newspaper advertisement of public auction of certain immovable property belonging to OPs due to default in the payment of Bank Loan in respect of apartment building in which complainant has booked the apartments/flats.  Complainant grasp that OPs have no bonafide intention to complete the construction of apartments/flats and handover flat to complainant.  Complainant booked those flats/apartments in the year 2013 and now we are in the fag end of 2022 but still OPs failed to complete the project as promised under the agreement even after raising this complaint.  In such circumstances, the complainant have to be said, rightly raised the Consumer Complaint, since the actions or omissions on the part of OPs amounts to unfair trade practice besides amounting to deficiency in service.

4. The complainant needs not to wait for any indefinite time to complete the project undertaken by OPs.  In such circumstances, it would be just and proper to direct the OPs to refund the amount received from the complainants along with interest @ 12% p.a. from the date of receiving the amount from the complainant till realization.  The complainant having been invested such huge amount, waited till now, are to be held suffered with mental agony and entitle for some amount of compensation which is quantified at Rs.4,00,000/-.

5. Accordingly, we proceed to allow this complaint in part and direct the OPs to refund Rs.61,66,850/- along with interest @ 12% p.a. from the date of receiving the amount from the complainant till realization and do pay Rs.4,00,000/- towards compensation and Rs.50,000/- towards litigation cost.  OPs are directed to comply with this order within 03 months from the date of this order.

6. Furnish free copy of this order to both parties.

  Lady MemberJudicial MemberPresident

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