Complaint filed on:12-01-2024

                                                      Disposed on:25-10-2024

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE  25^th  DAY OF OCTOBER 2024

//PRESENT//

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

Consumer Complaint.No.05/2024

1.       Smt.PRIYANKA.S D/o Srinivasa.S,

          Aged about 31 years,

2.       Sri.SRINIVASA.S

S/o late Sathya Narayana Shetty,,

          Aged about 63 years.

          Both are residents at

No.402, Maruthi Nilaya,

Behind Dhanalakshmi Bank,

Valmiki Nagara, Tumakuru City.

……….Complainant/s

 (By Sri. Devaraju.S, Advocate)

V/s

M/s FELICITY ADOBE LLP

(Formerly known as Tumakuru Nivas LLP),

Office Address “5 AC-712, 4^th floor,

5^th ‘A’ Cross, HRBR Layout, 1^st block,

Kalyan Nagar Post, BANGALORE-560 043.

REPRESENTED BY ITS PROMOTERS

Sri.VINEESH.M.S NAIR

Sri. PREENAND PREMACHANDRAN

Sri. PRANAV SHARMA,

Authorized signatory.

…….Opposite Party

(By Sri.M.P.Lokesh, Advocate)

//:ORDER://

SMT.G.T.VIJAYALAKSHMI -  PRESIDENT

          This complaint has been filed by the complainants alleging deficiency in service against the OP with a request to direct the OP to pay Rs.75,000-00 along with interest @ 18% p.a from the date of cancellation offer and Rs.25,000-00 for deficiency in services, Rs.50,000-00 for mental agony / harassment, Rs.25,000-00 legal expenses.

2.       The brief facts of the complaint is as under:-

          The complainant submitted that, the respondents are engaged in the business of construction and sale of residential buildings to be constructed at Vasanthanarasapura Village, Tumakuru City to the public’s at large.

          That the respondents are company engaged in construction of houses, building and other infrastructure facilities in different part of India. That the respondent No.1 is in the field of the said business.

          The OP No.1 is having a good presence in Karnataka. The respondent No.1 has head office at “M/S FELICITY ADOBE LLP (Formerly known as Tumakuru Nivas LLP), office Address “5 AC-712, 4^th floor, 5^th ‘A’ Cross, HRBR Layout, 1^st block, Kalyan Nagar post, BANGALORE-560 043. That respondent No.1 is controlled and managed by the Promoter / partner / survivors / Executors and administrators from decision making, planning to execution of all tasks. The respondents had come up with public offer to sell Apartments to be constructed at Vasanthanarasapura, Tumakuru City.

          The complainants had booked an apartment from respondents and paid advance / booking amount of Rs.1,50,000-00 (One Lakh Fifty thousand only) through two cheque bearing No.284617 for a sum of Rs.75,000-00 on 14.12.2018 and another cheque bearing No.284618 for a sum of Rs.75,000-00 on 24.12.2018, drawn on Vyasya Co-operative Bank Ltd., The said cheques were realized and credited to respondents account. As such complainants and respondents entered into an agreement on 02.01.2019.

          That the complainants were not interested with the project, and as per the clear terms in the clause 7.5 of offer letter / agreement mentioned in the offer letter / agreement cancelled the offer / agreement and requested the respondents to refund the advance amount to be paid within 60 days as per the clause in the offer letter / agreement by virtue of said clause, the respondents shall comply the said terms within 60 days.

          Since the respondents failed to make refund of the amount, the complainant got issued legal notice to the respondent dated 06.07.2023 through their advocate. The same was served on the respondents. On service of the notice, respondents cancelled the offer / agreement and made part payment of Rs.75,000/- out of 1,50,000/-

          The complainants again requested the respondents to refund the balance amount. The complainant again got issued legal notice to the respondent dated 21.09.2023 through their advocate. In spite of service of notice also the respondent failed to comply the same, have not refunded balance booking amount and thereby the respondent shows their deficiency in service and negligent act to comply the terms of policy / clause 7.5 in the offer letter / agreement. Hence, this complaint. 

3.       After service of notice, the OP appeared through his counsel and filed the version contending that the respondent is a limited liability partnership firm registered under the provisions of Limited Liability Partnership Act, 2008, having its registered office at No. 5AC 712 5^th cross HRBR Layout 1^st Block Kalyannagar post, Bengaluru Urban, Karnataka 560043. The respondent has been in the business of Real Estate and development of residential apartments and has established a valuable reputation with respect to its business activities over the year.

          Accordingly, an agreement for sale dated 02.01.2019 (“Agreement”) was executed between the parties herein for sale of an apartment (hereinafter referred to as the “Apartment”) in the said project against a booking amount of INR 1,50,000/- (Rupees One Lakh Fifty Thousand Only).

          The OP had received a booking amount of INR 1,50,000/- (Rupees One Lakh Fifty Thousand Only) from the complainant in two tranches of INR 75,000/- which were made by the complainant by way of two cheques. The details of such cheques have been given in the table hereinbelow;

          However, much to the surprise of the respondent, after the execution of the said agreement, the complainant had stopped responding to the communications of the respondent. Such negligence on part of the complainants resulted in the default on their part. The complainants are deceptively posing the non-compliance of the terms of the agreement on their part as a deficiency of service on the respondent’s end.

          The complainants were expected to make the payment of remaining consideration amount towards the purchase of the said apartment as per the milestones set out in the agreement. However, despite multiple requests made by the representatives of the respondent, the complainants did not make any attempts to complete the purchase of the apartment by making the payment of the remaining consideration amount, which was essential for completing the registration of the said apartment.

          It is submitted that the complainants after over four years from the date of the said agreement suddenly approached the respondent by serving a notice dated 06.07.2023, demanding refund of the booking amount of INR 1,50,000/- paid by the complainants towards the said apartment.

          Subsequent to the receipt of such notice dated 06.07.2023, the respondent immediately contacted the complainant and disbursed 50% of the booking amount being INR 75,000/- to the complainants and endeavoured  to initiate talks of settlement with the complainants so that the remaining part of the booking amount could be disbursed to the complainants as early as possible.

4.       The complainant has filed his affidavit evidence with documents which are marked at Ex.C1 to C9. OP affidavit evidence and arguments taken as nil.

5.       We have heard the arguments of complainant’s counsel.  On perusal of copy of complaint, affidavit and documents filed by the complainant, the points that would arise for determination as follows;

1)                    Whether there is any deficiency in service on the part of OP?

2)                     Whether the complainant is entitled for reliefs sought for?

6.       Our findings to the aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

//:R E A S O N S://

7. Point Nos.(1) & (2):- On perusal of pleadings, documents and evidence submitted by the parties, we would listed the admitted facts between the parties. They are

(i) The OP No.1 has head office at “M/s FELICITY ADOBE LLP (Formerly known as Tumakuru Nivas LLP), office Address” 5 AC-712, 4th floor, 5th ‘A’ Cross, HRBR Layout, 1st block, Kalyan Nagar post, BANGALORE-560 043. That respondent No.1 is controlled and managed by the Promoter / partner / Survivors / Executors and administrators from decision making, planning to execution of all tasks. The respondents had come up with public offer to sell Apartments to be constructed at Vasanthanarasapura, Tumakuru City. 

(ii) The complainant had booked an apartment from respondents and paid advance amount of Rs.1,50,000/-. Through two cheque bearing No.284617 and 284618 for a sum of Rs.75,000/- each on 14.12.2018 and 24.12.2018 respectively drawn on Vyasya Co-operative Bank Ltd., The cheques realized and credited to respondents account. As such complainants and respondents entered into an agreement on 02.1.2019.

The complainants were not interested with the project and the loan was not sanctioned. Hence, as per agreement the complainants requested the respondents to refund the advance amount. However, the respondent not turned up and failed to make refund of the amount. Therefore, the complainants got issued legal notice to the respondents dated 06.07.2023 and same was served on respondents. On service of notice, respondents cancelled the agreement and made part payment of Rs.75,000/- out of Rs.1,50,000-00. Later, again got issued legal notice to the respondents on 21.09.2023 to refund the balance amount. In spite of service of notice, the respondents have not refunded balance booking amount.

(iii) The OP contended that, after the execution of the said agreement and payment of advance amount of Rs.1,50,000/-, the complainants had stopped responding to the communication of the respondent. The complainants were expected to make the payment of remaining consideration amount towards the purchase of the said apartment as per the agreement. However, multiple requests made by the representations of the respondent, the complainants did not make any attempts for the payment of the remaining consideration amount, which was essential for completing the registration of the said apartment.

8.       The OP further contended that, complainants after over four years from the date of the said agreement, suddenly approached the respondent by serving a notice dated 06.07.2023, demanding refund of the booking amount of INR 1,50,000/- paid by the complainants towards the said apartment. Later, the respondent immediately disbursed 50% of the booking amount bing INR 75,000/- to the complainants and endeavored to initiate talks of settlement with the complainants, so that the remaining part of the booking amount could be disbursed to the complainants as early as possible.

9.       From the above admitted facts and contentions it is seen that, the loan was not sanctioned as per Ex.C3. Hence, the complainants requested the respondents to refund the advance amount, as per agreement. The reasons for loan rejection not disclosed by the complainants and the respondents also not disputed it. The respondents agreed to refund of Rs.1,50,000/- and initially disbursed 50% the booking amount to the complainant submitted that, they are ready to pay remaining 50% of advance amount as early as possible. However the respondents delayed in payment of remaining 50% advancement. The complainants cancelled the agreement as per Ex.C3 on 17.12.2022 on 26.07.2023. The respondents paid Rs.75,000/-, through R.T.G.S and not yet paid remaining advance amount of Rs.75,000/-. This act of OP amounts to deficiency of service. Therefore, the respondents are liable to refund of Rs.75,000/- with interest @ 8% p.a from the date of cancelation of agreement i.e., 17.12.2022. The respondents also liable to pay Rs.8,000/- as compensation for mental agony and Rs.8,000/- for litigation expenses. Accordingly, we pass the following:-    

//:ORDER://

The complaint is allowed in part.

The OP is directed to pay Rs.75,000/- with interest @ 8% p.a to the complainants.

The OP/s further directed to pay Rs.8,000/- as compensation and Rs.8,000/- as litigation expenses.

Further, the OP is directed to comply the above order within 45 days, from the date of Receipt/knowledge of the order.