JUDGEMENT DELIVERED BY HON’BLE SRI.B.S.KERI, MEMBER:

The complainants have filed this Complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 of Consumer Protection Act, 1986 claiming to the agreement scheduled property, in alternative to refund Rs.13,50,000/- with interest at 18% p.a. from the date of their receipt, till payment, Rs.3,00,000/- towards compensation and cost of the proceedings and to grant such other reliefs.

2.    The brief fact of the case is that the complainants are in need of plot. Hence, the Ops being the developer entered into agreement to purchase the site measuring 2,800 sq. ft. for Rs.28,70,000/- at their layout developed in R.S. No.52 B/1A1K/1 of Doddanayakan Koppa village. As per the Agreement, the complainants have agreed to pay the balance on after the Ops to convert the land into NA and making KJP and thereafter while executing the Sale Deed. Accordingly, though it was agreed to pay the balance at the time of execution of sale deed but in view of OP No.1 insisting for further payments saying that they shall expedite the process of allotment the complainants have inevitably paid Rs.13,50,000/- to Ops through cheques and cash against receipts and it is agreed to pay remaining amount of the consideration at the time of execution of sale deed in favour of complainants by the OPs. Despite receipt of the amount as per the schedule the Ops did not develop the site and delivered and execute the sale deed in favor of complainants, despite of several approaches and repeated letters and correspondence.  Further the complainant submits that finally the complainants were forced to issue a legal notice. Through EMS speed post.  The EMS post having returned to the sender with an endorsement ‘’ unclaimed return’’ the Ops except assurance neither delivered the possession nor refund the amount. At the instance of Ops false assurance and unfair trade practice the complainant subjected to mental agony. Further, the complainant pleaded, on false assurance the complainant came to insisting the Ops either to deliver the possession or to refund the amount. Non-performance of the contract and non-refund of the amount continues the cause of action and the complaint is in time and prays to allow the complaint.      

3.      After receipt of notice, OPs not appeared after sufficient time was given before this Forum and placed Exparte.

4.      By way of evidence, the complainants have filed their affidavit and filed 16 documents which are marked as EX C1 to C16 in support of their case. We perused the documents and heard the arguments. The documents filed by the complainants are as follows:

5.      On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudications are as follows:   

Our Answer to the above points are:-

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.3 – As per the final order.

R E A S O N S

     6.  POINT NO.1 and 2:  Since both the points are inter-link and identical, we proceed with both the points together for discussion.

     7.      The Ops being the Developers and entered into agreement to purchase the site measuring 2,800 sq. ft. for Rs.28,70,000/- at their layout developed in R.S. No.52 B/1A1K/1 of Doddanayakan Koppa village. As per the Agreement, the complainants have agreed to pay the balance after the Ops to convert the land into NA and making KJP and thereafter while executing the Sale Deed. Accordingly, though it was agreed to pay the balance at the time of execution of sale deed but in view of OP No.1 insisting for further payments saying that he will expedite the process of allotment the complainants have inevitably paid Rs.13,50,000/- to Ops through cheques and cash against receipts and it is agreed to pay remaining amount of the consideration at the time of execution of sale deed in favour of complainants by the OPs.

  8.     Ongoing through the pleadings, evidence, documents of the complainants it is evident that the complainants had entered into contract of sale of purchase of site. To be developed by the Ops and in view of the agreement entered between the parties the complainants have paid the amount as agreed and the same was received by the Ops. Further it reveals inspite of receipt of the advance amount as agreed in the agreement the Ops did not execute the sale deed and delivered the site. Under those circumstances, there is cause of action for the present complaint as brought is maintainable.   

9.      EX C1 is Agreement Sale deed between complainants and OPs. The OP cannot escape from the liability of delivering possession of the site by executing sale deed or otherwise refund the amount received by them under Receipts of EX C2 to EX C6 from complainant No.1 EX C7 to C9 from complainant No.2, EX C10 t C13 from complainant No.3. By this, it is clearly evident that the OP being well aware of all the transaction, assurance and receipt of the advance amount taking all this nontraditional and inconsistent contentions, the OPs with sole intention to snatch the hard earned money of the complainants made all these preventable allegations. This is of OPs are nothing but deficiency in service with unfair trade practice with sole intention of money laundering.

10.         Summing up the evidence coupled with the documents relied by the complainants. The complainants have established their case of deficiency in service amounting to unfair trade practice and accordingly the complainants are entitled for the reliefs. Taking into consideration of contradictory inconsistent contention taken by the complainants despite receipt of the money the OPs are not entitled for any leniency in the liability by the hands of this Forum.

11.         In view of the above discussions, we have arrived; we proceed to held Point No.1 in affirmative and Point No.2 in partly affirmative.

12.   POINT NO.3: For the reasons and discussion made above and finding on the above points, we proceed to pass a following:  

//ORDER//

1. This Complaint is partly allowed with costs.
2. The OP No.1 and 2 jointly and severally directed to execute the registered sale deed and deliver the possession of the site by receiving the balance amount.
3. Further Ops are directed to Pay Rs.5,000/- (Rupees five thousand only) towards compensation for mental agony and Rs.1,000/- (Rupees one thousand only) towards cost of the proceedings to each complainants within a period of 30 days from the date of receipt of copy of this order.
4.  Failing to comply the same within stipulated period this Ops shall refund the amount received with interest at 10% p.a. from the date of receipt of amount, till realization .   
5. Send the copies of this Order to the parties free of cost.