BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE: 20^th October 2015        

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member 

Complaint No.: 259/2015  

Complaint No.: 260/2015

Complainant/s:       Smt. Ganga N.Kotabagi, D/o.Nagappa K. Kotabagi,        Age: 28 years, Occ: Private Service, R/o. “Matapitru Krupa Building”, Bhavani Nagar, Saraswatpur, Dharwad 580002.

(By Sri.P.M.Rege, Adv.)

v/s

Respondent/s: 1.     M/s. Green County, Township Promoters, Regd. Office At: Girija Prestine, 1^st Floor, 1^st floor, Y.S.Colony Cross, P.B.Road, Dharwad 580004.

                       2.      Shrinivas A.Naidu S/o. Late Ashok Naidu, Age: 36 years, Occ: Proprietor, M/s. Green County, Township Promoters, Regd. Office At: Girija Prestine, 1^st Floor, 1^st floor, Y.S.Colony Cross, P.B.Road, Dharwad 580004.

(Exparte)

                       3.      Manjunath M.Doni s/o.Mallappa Doni, Age: 46 years, Occ: Authorised Person of M/s. Green County, Township Promoters, Regd. Office At: Girija Prestine, 1^st Floor, 1^st floor, Y.S.Colony Cross, P.B.Road, Dharwad 580004.

                                (Not pressed)

O R D E R

By: Shri. B.H.Shreeharsha : President.

1.     Since the complaints filed by the complainants against the same respondents and as the reliefs sought are the common, for the convenience all the complaints were clubbed together and disposed in a common judgment.

2.     The complainants have filed the complaints claiming for a direction to the respondents to repay Rs.1,80,180/- advance paid along with Rs.2 lakhs towards escalated price with interest @12%, Rs.50,000/- as compensation towards mental agony and to order for cost of the proceedings and to grant such other reliefs.

Brief facts of the case are as under:

3.     The case of the complainants are that, the complainants are the residents of the given address to the cause title. In order to have their own plots the complainants were in search of the same. Meanwhile the complainants come across rosy advertisements both in printed media as well as in electronic media and also through telephonic calls, as such the complainants approached the respondents 1 to 3 and entered into an agreement to purchase plot intend to be developed under the name Green County Phase III layout in Sy.No.161/1 at Lakamanahalli, Dharwad district. The total consideration of the plot for 1200 sq.ft. in all at Rs.429/- per sq.ft. it was fixed total consideration of  Rs.5,14,800/-. As per the agreement dtd.13.11.2013 the complainants have paid Rs.1,18,180/- through cheque. In turn the respondents have passed the receipts. The respondents have undertaken to deliver the plots after approval within 18 months from the day of receipt of the advance and agreement. Inspite of stipulated period expired the respondents have not taken possession of the land and no conversion was done. Hence, the complainants without any other option left got issued legal notice to the respondents on 22.07.2015 calling upon to comply and deliver the plots in accordance with the agreement. The said notices were served on respondent.1 and 2 on 25.07.2015. While the notice sent to respondent.3 returned unserved with an endorsement “addressee left not known”. Respondent no.1 and 2 neither bothered to reply or to comply. If the respondents would have acted in accordance with the terms and conditions of the agreement the complainants would have constructed the residential sites as desired. Non compliance put the complainants both physical and mental agony apart from due to escalation of the construction and plots rates in between time the complainants have put to financial loss also. The complainants are the consumers as defined under CP Act. While the respondent.1 is the promoter of township, respondent.2 is the proprietor and the respondent.3 is the authorized person of the respondent.1 are altogether a service providers and have committed deficiency in service. Hence, complainants filed the instant complaints praying for the relief as sought

4.     Despite service of notice respondent.1 and 2 remained absent. Hence, are placed exparte. While the notice sent to respondent.3 returned unserved with an endorsement addressee left not known, subsequently complainant filed memo, not proceeding against the respondent.3. Hence, exparte proceedings initiated against respondent.1 and 2.

5.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

Complainants filed sworn to evidence affidavit, relied on documents.  Heard. Perused the records.

Finding on points is as under.

1. Affirmatively 
2. Accordingly  
3.  As per order

Reasons

Points 1 and 2

6.     Since the exparte proceedings have been initiated the contents of the complaints went unimpeached.

7.     On perusal of agreement Ex.C1, Ex.C6 payment receipt, Ex.C7 xerox copy of the cheque paid to the respondents reveals the complainants have paid a sum of Rs.1,80,180/- towards advance amount of the plot as per Ex.C1 and in compliance of para.15 of the Ex.C1 agreement. Reading of para 13, 14 and 3 (a) and (b) of agreement Ex.C1 reveals time bond to perform the agreement and conditions in non performance of the same. By reading of those paras it reveals and evident that in the event the respondents have failed to execute the agreement they have to return the amount with 6% interest.

8.     It is further case of the complainant that, since the respondents have not undertaken as per Ex.C1 and deliver the plot as scheduled the complainants have been put to both physical and mental harassment and also subject to financial loss as in between the days the cost of the plots and construction charges have been escalated & so he must be indemnified by directing the respondents to pay escalation charges and compensation. Though it is the grievance of the complainant this Forum cannot go beyond the terms and conditions of the agreement Ex.C1, wherein it is specifically stated, in the event of failure to perform the part of performance of the parties the parties shall make good by returning the amount received with 6%. Under those circumstances except restricting the reliefs to terms and conditions of the agreement this Forum cannot go beyond.

9.     Considering the pleadings, evidence coupled with documentary evidence the complainants have established their case of deficiency in service against the respondents. Interalia the respondents in not performing their part of performance as undertaken by them apart from committing deficiency in service have acted unfair trade practice. Hence, complainants are entitled for the relief.

10.  In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmative and accordingly.

11.   Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

O R D E R

        The complaints are partly allowed. The respondent.1 and 2 are jointly and severally directed to pay Rs.1,80,180/- received from the complainants with interest @6% P.A. from the date of receipt of the amount i.e. from 06.11.2013 till 18 months to 06.11.2013, thereafter to pay interest @9% P.A. till 30 days to the date of order along with Rs.5,000/- each as compensation and Rs.2,000/- each towards cost of the proceedings within 30 days from the date of receipt of copy of this order. Failing to comply the same, the said amount shall carry interest @12% P.A. from thereon till realization.

Original order be kept in CC 259/2015 & its copy in CC 260/2015

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 20^th day of October 2015)

(Smt.M.Vijayalaxmi)                                      (Sri.B.H.Shreeharsha)

Member                                                           President

Dist.Consumer Forum                                    Dist.Consumer Forum

MSR