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

DATED 19^th DAY OF MARCH 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. This joint complaint has been filed the complaint for the following reliefs against the OP:-

(a) Direct the OP to refund entire principal amount paid for purchase of apartment T3-402.

(b) Direct the OP to pay interest at 12% on principal amount.

(c) Direct the OP to pay entire interest accrued on the home loan taken on apartment T3-402.

(d) Direct the OP to pay Rs.10,43,000/- for rents paid from 31.03.2017 till March 2020 to the tune of Rs.5,00,000/- (as per bank statement).

(e) Direct the OP to pay Rs.5,00,000/- to compensate for mental agony and unfair trade practice.

(f) Direct the OP to pay lumpsum cost of Rs.20,000/- incurred towards litigation.

(g) Pass any orders.

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

The complainants have booked 3 BHK apartment on 25.02.2015 i.e. T3-402, paid Rs.62,79,000/- against the total consideration of Rs.69,00,000/-.  The OP was supposed to deliver the possession of apartment on or before September 2015 and after the grace period of six months on or before March, 2016.  But, OP stopped the construction work from 2017.

3. The complainants also contend that they paid rent to the tune of Rs.10,43,000/- between March, 2016 to December, 2016 for having stayed in the rented house for non-completion of the construction work.  The complainants also state that the out of Rs.62,13,853/- she has paid own share of Rs.13,18,000/-.  There is a deficiency of service on the part of OP.  The cause of action arose on this complaint on 03.02.2020 for claiming Rs.99,895,72/-.

4. Despite service of notice, OP failed to appear before this Commission.  The OP has been placed exparte.

5. Despite opportunity granted to the complainants on 11.11.2020, 14.12.2020, 13.01.2021, 11.02.2021, 17.03.2021, 15.04.2021, 30.06.2021, 28.07.2021, 06.09.2021, 06.11.2021, 20.12.2021 and 01.02.2022, the complainants failed to adduce evidence.  On 24.02.2022, no oral arguments is advanced on behalf of complainants.

6. The following points arise for our consideration:-

1. Whether the complainants prove deficiency of service on the part of OP and entitled to reliefs?
2. What order?

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

       Point No.1:  In the negative.

      Point No.3: As per final orders

REASONS

10. Point No.1:  It is relevant to refer Section 38(3)(b) of C.P.Act, 2019 which read thus:-

38(3)(b) – If the OP, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute-

11. As per Section 38(3)(b)(ii) an exprate matter can be decided by this Commission on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission.
12. Section 38(3)(c) of the Act contemplates that the complaint on merits if the complainants fail to appear on the date of hearing can be decided.
13. Deciding the complaint on the basis of merits, defence on even in exparte order, complainants are to produce the evidence in support of his case.  Even though, it is exparte matter, the complainants fail to produce evidence in support of their evidence. Under such circumstances, the question arises in the absence of evidence of complainant, on the basis of allegations made in the complaint and documents produced along with the complaint, whether complainant proves deficiency of service on the part of OP. 
14. We are of the considered opinion that in the absence of evidence of complainants, the deficiency of service on the part of OP pleaded by the complainants cannot be construed as deficiency of service.  When the complainants failed to prove the deficiency of service, the complainants are not entitled to any reliefs.   
15. Point No.3:- In view of the discussion referred above, the complaint requires to be dismissed.   We proceed to pass the following

  O R D E R

1. The complaint is dismissed.
2. No costs.
3. Furnish the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 19^th March, 2022)

Documents produced by the Complainant which are as follows:-