CC No.1381.2016

Filed on:06.10.2016

Disposed on:30.05.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 30^th DAY OF MAY 2018

CONSUMER COMPLAINT NO.1381/2016

PRESENT:

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                 V/S

ORDER

BY SMT.L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 06.10.2016 U/s 12 of the Consumer Protection Act, 1986 praying to pass an Order directing the Opposite Parties to provide E-Khatha from concerned panchayath authorities and Permission/release order from Anekal Planning Authority in respect of Site No.201(A) and direct the Opposite Parties to complete the pending works as mentioned in the complaint. Alternatively direct the Opposite Parties to return the entire sale consideration amount of Rs.16,00,000/- and Stamp Duty and registration expenditure of Rs.99,770/- along with interest @ 8% p.a from the date of payment till its realization and Direct the Opposite Parties to pay the compensation for the mental hardship, agony and harassment meted by the Complainant at the hands of Opposite Parties and further direct to pass such other reliefs as this Hon’ble Forum deems to fit to pass in the circumstances of the case, in the interest of justice and equity.    

2. The brief facts of the complaint as under:

In the complaint, the Complainant states that the Opposite Party No.2 was an owner of the property bearing Sy.No.88 and 60/1 of Haragadde Village, Jigani Hobli, Anekal Taluk and he has converted the said lands for residential use as per conversion order dt.08.09.2005 passed by the District Assistant Commissioner at Bengaluru in the proceedings ALN(AJ)SR No.5/2005-06 and ALN (AJ)SR No.13/2005-06 respectively, comprehensive layout plan has been approved by APA vide bearing No.APA/LAO/75/2007-08 dt.15.09.2014 to form the layout on certain conditions.The Opposite Parties No.1 & 2 have entered into a development agreement to develop the said property and marketing the sites by the Opposite Parties to other needy persons who are interested to purchase the sites.The Anekal planning authority has sanctioned the layout plan to form the layout on certain conditions.The Opposite Party No.1 has started development work to form the layout and he has named the layout as Milestone Palms.The Opposite Party No.1 has partially developed the layout and sold the 60% of the sites in the layout to the purchasers without fulfilling the conditions of the Anekal Planning Authority vide No.APA/LAO-75/2007-08 dt.19.09.2008, subsequently Opposite Parties have obtained second release order from Anekal Planning Authority vide bearing No.APA/LAO/75/2007-08 dt.15.09.2014 to sell the sites on certain conditions in the layout.After completion of the underground drainage system, water supply lines, Roads, CD works and side drains only the Opposite Party No.1 will obtain the second release order from the Anekal Planning Authority.But both of Opposite Party No.1 & 2 have violated the conditions of the Anekal Planning Authority Order i.e., got Release Order without completion of the layout work both Opposite Parties have sold the sites to the purchasers.The Opposite Party No.1 has executed the agreement of sale dt.11.03.2014 in favour of the Complainant for a sale consideration of Rs.16,00,000/- in respect of site No.201(A) measuring 35 X 40 Sq.ft.The Opposite Parties No.1 & 2 have executed the Sale Deed dt.24.11.2014 infavour of the Complainant vide registered document No.JGN-1-03685/2014-15, stored in CD No.JGND362, Book-I, in the office of the Senior Sub Registrar, Basavanagudi (Jigani) and the entire sale consideration has been received by the Opposite Party No.1.Both the Opposite Party No.1 & 2 have got sanctioned plan for site No.201 only and release order also for site No.201, but both Opposite Parties No.1 & 2 have bifurcated the site No.201 into two pieces and numbered as 201(A) and 201(B) without permission from Anekal Planning Authority for bifurcate the said site as 201(A) and 201(B).After purchase of the said property the Complainant has approached the concern grama panchayat to change the khatha in his name, but the Grama Panchayath Authority have directed the Complainant to get E-Khatha for site No.201(A) and Release order from Anekal Planning Authority for site No.201(A).Thereafter several times the Complainant has requested Opposite Parties to get the E-Khatha pertains to site No.201(A) and release/permission order from Anekal Planning Authority to bifurcate the site No.201 as 201(A) and 201(B), but the Opposite Parties is postponed with one or the other reasons to get the same.Finally the Complainant has sent a mail to Opposite Party No.1 on 12.12.2015 by requesting to provide the E-Khatha pertains to site No.201(A) and release/permission order to bifurcate the site No.201 into 201(A) and 201(B) from concerned authorities and also the Complainant had requested to complete the development work pertaining to the site No.201A.But the Opposite Party No.1 has not responded to the mail and failed to provide the same to the Complainant.The Complainant has raised a loan from India Bulls to purchase the site and for construction work on the said property on 14.08.2014 from that day onwards the Complainant is paying installments as well as interest, the Complainant was not able to put up construct on the said site because the Khatha has not been changed in the name of the Complainant due to Opposite Parties deficiency in service,false promise and assurance made by the Opposite Parties at the time of purchasing the said site as not bifurcate of the said site and not been approved by the concerned authorities.The Opposite Parties have fraudulently submitted the documents before the concerned sub registrar for registration of the sale deed without providing E-Khatha and irrelevant documents to registered the sale deed in favour of the Complainant and both the Opposite Parties have cheated the Complainant without getting E-Khatha from concerned panchayath and release/permission order pertains to site No.201(A) from Anekal Planning Authority.The Opposite Parties have not fulfilled the conditions imposed by the Anekal Planning Authority in release certificates dt.19.09.2008 and 15.08.2014.The Opposite Party No.1 has not completed the third condition and other conditions, both the Opposite Parties have not completed the Roads, Park, underground drainage, water supply works and other works till today the said works are pending and both of them have failed to fulfill the conditions of the Anekal Planning Authority.The Opposite Parties are intentionally evading the same with fraudulent intention to cheat the Complainant.The Complainant has issued a legal notice to the Opposite Parties on 17/21.03.2016 and the said notice was duly served on Opposite Party No.2 and notice was sent to Opposite Party No.1, returned as refused, even after service of notice Opposite Party No.2 has not replied nor comply the demands of legal notice.The Opposite Parties have adopted unfair trade practice and deficiency in service.Due to the acts of Opposite Parties the Complainant has suffered huge loss, mental agony and is entitled for compensation.Hence, this complaint.

3. Even though, notice was served on the Opposite Parties, Opposite Parties have failed to put their appearance, hence placed ex-parte. 

4.   In support of the complaint, the Complainant has filed his affidavit by way of evidence.  Heard the Arguments of the Complainant.

5.  The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties ?

2. If so, to what relief the Complainant is entitled ?

6. Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7. POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that the Opposite Party No.1 has executed the agreement of sale dt.11.03.2014 infavour of Complainant for a sale consideration of Rs.16,00,000/- in respect of site No.201(A) measuring 35 X 40 Sq.ft. Both the Opposite Party No.1 & Opposite Party No.2 have executed the sale deed on 24.11.2014 infavour of the Complainant.  To substantiate this fact, the Complainant filed his affidavit.  In his sworn testimony, he has reiterated the same and also in support of his sworn testimony, he produced copy of the release order along with layout plan, copy of the certificate of releasing order, copy of the sale agreement dt.11.03.2014, copy of the sale deed dt.24.11.2014, copy of the email dt.12.12.2015 and 25.01.2016 copy of the loan sanctioned letter from India Bulls dt.14.08.2014, copy of the legal notice, postal receipts, postal acknowledgement, copy of returned RPAD covers.  By looking into these documents, it clearly shows that the Opposite Party No.2 was an owner of the property bearing Sy.No.88 and 60/1 of Haragadde Village, Jigani Hobli, Anekal Taluk and he has converted the said lands for residential use as per conversion order dt.08.09.2005 passed by the District Assistant Commissioner at Bengaluru in the proceedings ALN(AJ)SR No.5/2005-06 and ALN (AJ)SR No.13/2005-06 respectively, comprehensive layout plan has been approved by APA vide bearing No.APA/LAO/75/2007-08 19.09.2008 to form the layout on certain conditions.  The Opposite Parties No.1 & 2 have entered into a development agreement to develop the said property and marketing the sites by the Opposite Parties to other needy persons who are interested to purchase the sites.  The Anekal planning authority has sanctioned the layout plan to form the layout on certain conditions.  The Opposite Party No.1 has started development work to form the layout and he has named the layout as Milestone Palms.  The Opposite Party No.1 has partially developed the layout and sold the 60% of the sites in the layout to the purchasers without fulfilling the conditions of the Anekal Planning Authority vide No.APA/LAO-75/2007-08 dt.19.09.2008, subsequently Opposite Parties have obtained second release order from Anekal Planning Authority vide bearing No.APA/LAO/75/2007-08 dt.15.09.2014 to sell the sites on certain conditions in the layout.  After completion of the underground drainage system, water supply lines, Roads, CD works and side drains only the Opposite Party No.1 will obtain the second release order from the Anekal Planning Authority.  But both of Opposite Party No.1 & 2 have violated the conditions of the Anekal Planning Authority Order i.e., got Release Order without completion of the layout work both Opposite Parties have sold the sites to the purchasers.   The Opposite Party No.1 has executed the agreement of sale dt.11.03.2014 in favour of the Complainant for a sale consideration of Rs.16,00,000/- in respect of site No.201(A) measuring 35 X 40 Sq.ft.  Both the Opposite Parties No.1 & 2 have executed the Sale Deed dt.24.11.2014 infavour of the Complainant vide registered document No.JGN-1-03685/2014-15, stored in CD No.JGND362, Book-I, in the office of the Senior Sub Registrar, Basavanagudi (Jigani) and the entire sale consideration has been received by the Opposite Party No.1.  Both the Opposite Party No.1 & 2 have got sanctioned plan for site No.201 only and release order also for site No.201, but both Opposite Parties No.1 & 2 have bifurcated the site No.201 into two pieces and numbered as 201(A) and 201(B) without permission from Anekal Planning Authority for bifurcate the said site as 201(A) and 201(B).  After purchase of the said property the Complainant has approached the concern grama panchayat to change the khatha in his name, but the Grama Panchayath Authority have directed the Complainant to get E-Khatha for site No.201(A) and Release order from Anekal Planning Authority for site No.201(A).  Thereafter several times the Complainant has requested Opposite Parties to get the E-Khatha pertains to site No.201(A) and release/permission order from Anekal Planning Authority to bifurcate the site No.201 as 201(A) and 201(B), but the Opposite Parties is postponed with one or the other reasons to get the same.  Finally the Complainant has sent a mail to Opposite Party No.1 on 12.12.2015 by requesting to provide the E-Khatha pertains to site No.201(A) and release/permission order to bifurcate the site No.201 into 201(A) and 201(B) from concerned authorities and also the Complainant had requested to complete the development work pertaining to the site No.201A.  But the Opposite Party No.1 has not responded to the mail and failed to provide the same to the Complainant.   The evidence of the Complainant remains unchallenged.  Therefore, from the evidence available on record, it clearly goes to that the Opposite Party No.1 & Opposite Party No.2 have violated the conditions of the Anekal Planning Authority order i.e. got release order without completion of the layout work, both Opposite Parties have sold the sites to the purchasers. The Complainant has raised a loan from India Bulls to purchase the site and for construction work on the said property on 14.08.2014, from that day onwards the Complainant is paying installments as well as interest, the Complainant was not able to put up construct on the said site because the Khatha has not been changed in the name of the Complainant due to deficiency in service rendered by the Opposite Parties.  Due to this complaint suffered mental agony and hardship.  The Opposite Parties have not bifurcate the said site and not been approved by the concerned authorities. Even as looking into the email sent by the Complainant to Opposite Parties, it clearly shows that the Opposite Parties have registered the sale deed without providing E-Khata from concerned panchayath and release/permission order pertains to site No.201(A) from Anekal Authority.  If at all, the Opposite Parties have registered the sale deed infavour of Complainant, after fulfilling the conditions of Anekal Planning Authority, the Opposite Parties have to produce relevant evidence.  But there is no such evidence.  Therefore, it is proper to accept the contention of Complainant that the Opposite Parties have not rendered good service to the Complainant.  It is further alleged in the complaint that the Opposite Party No.1 has not completed the third condition and other conditions.  Both the Opposite Party No.1 & Opposite Party No.2 have not completed road works underground drainage, water supply work and other works.  The Complainant issued legal notice through his counsel on 17.03.2016 and 21.03.2016.  The said Notice returned as ‘refused by Opposite Party No.1 and served on Opposite Party No.2.  But the Opposite Parties are neither replied to the notice nor fulfill the demand of the Complainant.  To disbelieve he version of the Complainant nothing was on record.  Inspite of repeated requests, the Opposite Parties never bothered to fulfill the demand of the Complainant.  Thereby, this clearly shows that there is deficiency in service on the part of the Opposite Parties.  Hence, this point is held in affirmative. 

 8. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed holding that there is deficiency of service on the part of the Opposite Party No.1 & 2. 

The Opposite Party No.1 & 2 are directed to provide E-Khata from concerned Panchayath authorities and permission/release order from Anekal Planning Authority in respect of site No.201(A) and also direct the Opposite Parties to complete the pending works. 

The Opposite Party No.1 & 2 are further directed to pay a sum of Rs.50,000/- to the Complainant as compensation for the mental agony.

The Opposite Party No.1 & 2 are also directed to pay a sum of Rs.5,000/- towards costs of the litigation to the Complainant.

The Opposite Party No.1 & 2 are directed to comply the aforesaid order within 45 days from the date of this order.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 30^th day of May 2018)

        MEMBER                                               PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Mahesh C.M, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Copy of the Release Order along with layout plan.
2. Copy of the Certificate of Releasing Order.
3. Copy of the Sale Agreement dt.11.03.2014.
4. Copy of the Sale Deed dt.24.11.2014.
5. Copy of the Email dt.12.12.2015 and 25.01.2016.
6. Copy of the Loan Sanctioned Letter from India Bulls dt.14.08.2014.
7. Copy of the Legal Notice.
8. Postal receipts (3 in numbers).
9. Postal acknowledgement.
10. Returned RPAD covers (2 in numbers).

Witness examined on behalf of the Opposite Parties:

                             Nil

List of documents filed by the Respondent:

                             Nil

MEMBER                                                             PRESIDENT