COMPLAINT FILED: 27.07.2009<br /> DISPOSED ON: 17.11.2009 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 17th NOVEMBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1774/2009<br /> <br /> <br /> COMPLAINANT Sri. Kiran B.N.,<br /> S/o Nagaraja Setty,<br /> Aged about 28 years,<br /> R/at No.S-175, 2nd Phase,<br /> 2nd Cross, 17th Main,<br /> BEL Layout,<br /> Vishwaneedam Post,<br /> Bangalore – 560 091. <br /> <br /> Advocate: Sri. M.Maruthi Reddy<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. M/s Deccan Builders and<br /> Developers,<br /> A registered partnership firm<br /> Having its office at No.164/B- <br /> 43, above Shanthi Upahar,<br /> Jayanagar, 6th Block, Yediyur,<br /> Bangalore – 560 082.<br /> <br /> Rep: by its Partners.<br /> <br /> 2. Mr. Ashok Reddy K.N.,<br /> S/o Mr. N.Nangi Reddy,<br /> Aged about 26 years.<br /> <br /> <br /> 3. Mr. Prathap Kumar M.S.,<br /> S/o Somegowda M.D.,<br /> Aged about 27 years.<br /> <br /> 4. Mr. Ashok Kumar G.,<br /> S/o Sri. Basavaraj,<br /> Aged about 28 years.<br /> <br /> O R D E R<br /> <br /> SRI. B.S. REDDY, PRESIDENT<br /> <br /> <br /> The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.2,69,000/- with interest at 18% p.a. and to pay compensation of Rs.2,50,000/- with litigation expenses on the allegations of deficiency in service on the part of the OPs. <br /> <br /> 2. The case of the complainant to be stated in brief: is that OP-1 is a registered partnership firm OPs-2 to 4 are its partners. OP-1 advertised that they have formed layout in the lands survey No.190/1, 119/2, 143, 144 situated at Nosenoor Village, Jigani Hobli, Anekal Taluk, Bangalore Rural District. The complainant approached the OPs and entered into an agreement to purchase a site bearing No.758 and paid part consideration of Rs.2,87,520/- on 28.07.2008. An agreement was executed on 18.08.2008. After receiving the amounts and executing agreement of sale, the OPs never complied with the terms and conditions of the agreement. OP-1 being service rendering concern deprived off the complainant of his legitimate right of purchasing the site. The OPs neither returned the advance amount nor sold the site agreed. The OPs are liable to pay sum of Rs.2,50,000/- by way of damages and compensation thus in all the complainant claimed an amount of Rs.5,19,000/-.<br /> <br /> 3. Inspite of service of notice OPs failed to appear before this Forum without any sufficient cause as such OPs are placed ex-parte. <br /> <br /> 4. The complainant filed affidavit to substantiate the complaint allegations and produced the documents. <br /> <br /> 5. Arguments of the complainant side heard points for consideration are:<br /> <br /> Point No.1:- Whether there is deficiency in service on<br /> the part of the OPs? <br /> <br /> Point No.2:- Whether the complainant is entitled for<br /> the relief’s claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. Our findings to the above points are: <br /> <br /> Point No.1:- Affirmative.<br /> <br /> Point No.2:- Affirmative in part. <br /> <br /> Point No.3:- As per final Order. <br /> <br /> R E A S O N S<br /> <br /> 7. After perusing the complaint allegations and affidavit evidence of the complainant and the documents produced it becomes clear that the complainant believing the advertisement issued by OP-1 regarding forming layout; entered into an agreement to purchase site No.758 in the layout formed for a consideration of Rs.7,18,800/- and paid part of consideration of Rs.2,87,520/-. The receipts issued by OP-1 and the deed of agreement of sale executed clearly goes to show that OP-1 has received an amount of Rs.2,87,520/- towards part consideration for the sale of the site bearing No.758. The terms of the agreement goes to shows that OP-1 has agreed to provide some additional documents to clear title of the property and also the BMRDA approved documents. Further it appears that OP-1 has agreed to get the sale deed executed directly from the land owner. Thus it appears that as only a developer without having any title for the site; OP-1 has entered into an agreement to sell the same in favour of the complainant. After executing this agreement deed and receiving the part of the consideration amount, the complainant could not contact these OPs as they are not available. The hard earned money being invested by the complainant with a hope of getting the site has not reaped the fruits of the investment. OPs without having title over the land made the complaint to part with a total amount of Rs.2,87,520/-. The very fact of OPs remaining ex-parte. Clearly goes to show that they are not denying the complaint allegations. Under these circumstances we are of the view that there is deficiency in service on part of the OPs. The complainant is entitled for the refund of amount claimed with interest at 18% p.a. The complainant could have verified the documents of title before entering into an agreement. It is the fault of the complainant in not taking reasonable care in ascertaining the documents regarding title while entering into an agreement to purchase the site. The complainant is not entitled to claim any compensation. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant allowed in part. OPs are directed to refund an amount of Rs.2,69,000/- with interest at 18% p.a. from the date of payment till the date of realization with litigation cost of Rs.2,000/- to the complainant within four weeks from the date of communication of this order. <br /> <br /> (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 17th day of November 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm<br /> <br />