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

DATED 05^TH DAY OF AUGUST 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. Direct the OP to register the site in the said project after availing the balance due in respect of the sites.
2. Direct the OP to pay compensation of Rs.5,00,000/- for deficiency of service.
3. Direct the OP to pay compensation of Rs.1,00,000/- for cost of litigation expenses.
4. Pass such other direction that this Hon’ble Commission deems fit

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

It is the case of the complainant that he had booked site bearing No.249, on 19.07.2013, measuring 1200 sq.feet at Rs.590/- per sq. feet.  The OP office bearers have also convinced the complainant to book the adjacent site as if the complainant herein is existing consumer and they would provide the site in discount price than the previous booked price. After the negotiation of the same the complainant has agreed to finalize the rate of site at Rs.575/- per sq.feet for site bearing NO.250 in the said project.

3. As per the oral conversation between the complainant and OP officials have informed the complainant to register the agreement of sale in respect of the site if 30% of the said value is paid to the OP company. The complainant has paid an amount of Rs.4,54,000/- to the OP company in various transactions. After completion of the payment of 30% to the site bearing NO.249 the complainant conveyed the officials of the OP company to sign the agreement of sale but the OP officials started to make an excuses and the same created doubt of the OP company. The complainant further requested the OP officials to sign the agreement and if the same is not been initialized then he would stop further payment with regard to the site in the said project.  Inspite of the repeated request of the complainant the officials of the OP company with one or the other reasons have postponed the signing process alleging that some of the formers have created problems in the said land and the OP company is resolving the same and they will sign the agreement as soon as the issues between them and the formers resolved.  Even after several conversation the OP company have refused to sign the sale agreement. The complainant have also got issued legal notice on 04.04.2023 and even after received the same they have neither replied nor complied the demands of the complainant. Hence the complaint is filed by the complainant.
4. After registration of the complaint, notice has been issued to OP and they have appeared and filed their version.
5. It is the case of the OP that the complaint vexatious and frivolous and not maintainable and liable to be dismissed. They have denied that the complainant has booked site No.249 and 250 in Max Orchids III for total cost of site Rs.4,50,000/- and he has paid the advance amount.  The complainant is not a consumer.
6. It is also the case of the OP that they are always ready and willing to execute the absolute sale deed in favour of the complainant either in the Max Marvel or Max Orchids projects which are fully developed by obtaining all government approvals, but the complainant is not ready to get the site register in his name.  The complainant himself has violated the terms and conditions of the booking form and he is not ready and willing to purchase the sites by paying full consideration amount. Then the question of unfair trade practice and deficiency of service on the part of this OP does not arise.
7. It is further case of the OP that the complainant is not a consumer because he has booked the aforesaid two sites for commercial purpose and not for his livelihood. One site is enough for his livelihood as per law. Since the complainant has also booked two sites in his name, both of them have transacted for commercial purpose. This OP is not responsible for any deficiency of service and he is not liable to pay the exorbitant interest, compensation and litigation expenses claimed by the complainant.  The complaint is barred by limitation of 10 years and it is not maintainable.
8. It is further case of the OP that he is ready to register the same or the alternative sites and ready to execute the absolute sale deed by receiving balance sale consideration in the project of Max Marvel or Max Jagruthi which are fully developed by obtaining all government approvals.  Hence the OP prayed for dismissal of the complaint.
9. Complainant has filed his affidavit evidence.  The complainant has produced documents which are marked as Ex.P1 to Ex.P5.  The OP has not filed affidavit evidence. Heard the counsel for complainant.
10. The following points arise for our consideration as are:-

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

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

Point No.1:  In the Affirmative

Point No.2: Partly in the Affirmative

Point No.3: As per final orders

REASONS

12. 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, version, affidavit evidence of the complainant with documents.  
13. We have perused the documents produced by the complainant.  Copy of the advertisement and the proposed layout plan, marked as Ex.P.1, copy of the booking receipts, marked as Ex.P2, P3 and P4, Copy of the legal notice, postal receipts and acknowledgement, marked as Ex.P5,
14. We have perused the averments, affidavit evidence and documents. The complainant with an intention to purchase two sites in the proposed layout Max Orchids III bearing site No.249 and 250 has booked the sites on 19.07.2013.  The sites bearing No.249 measuring 1200 sq.feet at the rate of Rs.590/- another site bearing No.250 at the rate of Rs.575/- sq.feet.  As per oral conversation the OPs have agreed to receive 30% of the said site value and the complainant has paid an amount of Rs.4,54,000/-.
15. It is the specific contention taken by the complainant that after he has paid the entire 30% of the consideration amount he has requested the OPs to execute the sale agreement, but the OPs have dragged the matter and never complied the request of the complainant. Even after issue of legal notice the OPs have failed to execute the registered sale deed in his favour and allot the site in the said project.
16. On the other hand the OP has clearly admitted about the amount paid by the complainant and also the site No.249 and 250 booked by the complainant.  The main contention taken by the OP is that they are ready to execute the registered sale deed by allotting site in favour of the complainant either in Max Marvel or Max Orchids projects which are fully developed by obtaining all government approvals but the complainant is not ready to get the registered deed in his favour in respect of the sites.  The complainant ahs booked two sites and normally one site is enough for livelihood as per law and the complainant has booked sites for commercial purpose and complaint is not maintainable. In addition to this the complaint is barred by limitation.  The OPs also offered to allot the alternative sites at Max Marvel or Max Jagruthi which are fully developed by obtaining all government approvals.
17. The only grievance of the complainant is that the direct the OP to get the site registered in his name by obtaining balance amount. When the sites are not at all available for the reason that there is some dispute going on between the OP company and formers in respect of that land, the OPs are unable to form the layout. If the complainant is very much interested in getting the site he can accept the offer made by the OPs to get the sites in the alternative projects namely Max Marvel or Max Jagruthi by paying the balance amount.  
18. The complainant ahs not at all sought for the relief for recovery of the amount of Rs.4,50,000/- paid by him.  Under these circumstances, we feel it is necessary to direct the OPs to allot the sites in the fully developed layout and according to them i.e., Max Marvel and Max Jagruthi in favour of the complainant after receiving the balance amount from the complainant. The complainant is only entitle for the litigation expenses and interest on Rs.4,50,000/- from the date of respective till the date of allotment of site. Hence we answer the above Point No.1 in the Affirmative and Point No.2 partly in the affirmative.
19. Point No.3:  In the result, we pass the following:

O R D E R

1. The complaint is Allowed in Part.
2. OP is hereby directed to allot and register two sites in favour of the complainant in fully developed layout i.e., Max Marvel and Max Jagruthi after received the balance amount from the complainant within three months from the date of this order.
3. The complainant is also entitle for interest at the rate of 9% p.a., on Rs.4,50,000/- from the date of respective payment till the date of registration of the site in the name of the complainant.
4. The complainant is further entitle for litigation cost of Rs.10,000/-.
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 05^th day of AUGUST, 2024)

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

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

NIL