JUDGMENT DELIVERED BY HON’BLE SRI B.S.KERI, MEMBER:
The complainant has filed this Complaint against the Opposite Parties u/s 12 (2) of Consumer Protection Act, 1986 alleging deficiency in service against OPs. The complainant claiming for a direction to Op’s to development work undertaken by them in Plot No.104 out of R.S/B1.No/17/1 of Tadasinakoppa village and completion certificate of the plot to the complainant, physical and mental agony to pay a sum of Rs.50,000/-, cost of this proceeding a sum of Rs.5,000/- and including the plot No.104 of the complainant to pay the consideration amount Rs.3,09,160/- incurred by the complainant in purchasing the plot with interest at the rate of 12% p.a. till realization and to grant such other reliefs deems fit under the circumstances of the case.
Brief fact of the Case:
2. The brief fact of the case is that the Complainant is a mechanical engineer. Respondent No.1 whose carrying his business of buying and selling of plots to the customers in its firm name, firm represented by its key partner of Respondent no.2. The complainant who was fed up of living in a rented house by paying a huge rent to it, he approached the respondents and purchased a plot i.e. Plot No.104 bearing No R.S/B1 No.17/1 of Tadasinakoppa Tq & Dt Dharwad. The complainant registered sale deed before Sub-Registrar dated:19-1-2015 at Dharwad which is measuring 1162 sq.ft, 30x40 in size for the total consideration amount of Rs.2,09,160/- the boundaries of which are as below mention,
East: Plot No.109
West: Road
North: Plot No.103
South: Plot No.105
Further complainant submits that in pursuance of the said agreement, consideration amount of Rs.2,14,101/- had been paid by the complainant to the respondent in the name of OP No.1 vide Cheque No.889881 dt:01-09-2011 of Indian Bank, excess amount of Rs.4,850/- was returned to the complainant by respondents by way of cash. Regarding registration fees advance payment of Rs.1,00,000/- was paid in cash by the complainant, so in all Rs.3,09,160/- was paid by the complainant to the respondents. The respondents have acknowledged the receipt of the entire sale consideration amount and have conveyed/transferred deed. As per the sale deed, it was agreed by the respondents that the development work of the entire layout including the complainant’s plot would be carried out and completed out of their own costs, risk and efforts after completion of the development work the completion certificate will be obtained from the competent authority and then handover the developed property to the complainant.
3. Further, the complainant asked the respondents several times but the respondent only assured orally to the complainant that the said work would be done at an earliest, but till today the complainant waited patiently for his work to be done. Respondents have failed in their duty as agreed in the sale deed. The complainant has suffered mentally and physically and spending huge amount for medicine too, hence the respondents have to bear the expenses for the complainant’s suffering. The complainant issued a legal notice to the respondents through RPAD. The registered post having returned to the sender with an endorsement not claimed. Thereafter as per the terms and conditions of the agreement the respondent did not developed the plot as agreed and despite of calling upon to respondents the same by issuing registered notice which amounts to deficiency in service. Hence the complainant filed the instant complaint seeking relief as sought.
3. Despite service of notice, both respondents remained absent and hence this proceeding initiated by placing exparte.
4. In the background of the above said pleadings, the complainant filed his affidavit & produced 5 documents by way of evidence. The produced documents as under:
1) CC of sale deed dt:19.1.2015
2) R/R
3) Mutation MR.No. H85/14-15 dt:14.7.2016
4) R.P.A.D cover Not claimed dt:11.5.2016.
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 the Complainant is entitled for relief as claimed?
3) To what relief the complainant is entitled?
6. Complainant admits sworn to evidence affidavit
relief on perused the records & written arguments filed by complainant, we answer the above points as under:
Our Answer to the above Points are:-
Point No.1 – Affirmative,
Point No.2 – Partly Affirmative,
Point No.3 - As per the final order.
R E A S O N S
7. POINT NO.1 & 2: Since point No.1 and 2 are identical to avoid the repetition of the fact, we consider both the points together for discussion.
8. On going through the pleadings and evidence that there is no dispute with regard to the fact. The complainant entered into agreement with respondents to purchase the plot to be developed by the respondents.
9. That the plot No.104 was purchased by the complainant by the respondent No.2 bearing R.S.No.17/1 in Todasinakoppa village, Tq & Dist; Dharwad, dated: 19.01.2015, i.e. EX C1. Thereby, the complainant’s name and along with respondent No.2 who is the partner of respondent No.1, the name was mutated in the record of rights. The entire layout at Tadasinakoppa village is named as “Sky Valley”. The learned counsel for the complainant submits that, as per the sale deed respondents should develop the plot and layout at their own cost and risk and obtain completion certificate from the competent authority and then handover the developed plot along with completion certificate to the complainant, but respondents have non-compliance of the duty as agreed i.e. Respondents have not developed the plots as per the terms and conditions put forth in the sale deed, this act itself amounts to deficiency in service. Further, complainant counsel submits that the complainant issued a legal notice through his advocate by RPAD. The respondents have refused the notice and the same has returned as “Not Claimed” its EX C-5 Postman wrote endorsement “Intimation served on 11.05.2016”. Therefore, after lapse of some days complainant filed this complaint before this Forum. Notice were ordered as such respondents remained absent before the Forum. That the complainant pleadings affidavit and produced documents which are EX C1 Certified copy of the sale deed, EX C2 Record of Rights, EX C3 Mutation Register, EX C4 is the office copy of the postal receipt and legal notice and EX C5 is the “Not Claimed”, RPAD cover. At this stage, while perusing the documents respondents intentionally avoided the prosecution before this forum. All these facts together establish the case of the complainant and complainant with cogent and acceptable evidence established his case of deficiency in service by the respondents. Hence, complainant is entitled for some reliefs as prayed in the complaint. The Respondent No.1 and 2 to enlighten about the development work carried out in the complainant’s plot No.104 along with the completion certificate. The learned counsel for the complainant would state that he should be fully compensated for the actual loss sustained. Now the only question which arise for our consideration is what is the amount of compensation which is to be granted to the complainant? We shall now proceed to consider what is the amount to be granted by way of compensation to pay a sum of Rs.10,000/- towards physical and mental agony and pay a sum of Rs.2,000/- towards cost of proceedings. Respondents comply this order within a period of 60 days from the date of this order, failing which the Respondents are liable to pay a consideration amount along with registration fees and amount for development work of Rs.3,09,160/- with interest at the rate of 9% per annum from 19.01.2015 to till its realization, it will be justifiable on equity.
10. In view of the above discussions we have arrived and proceed to held issue No.1 in affirmatively and 2 partly affirmatively.
11. POINT No.3: For the reasons and discussion made above and in view of the findings on Point No.1 and 2, we proceed to pass the following;
//ORDER//
- This Complaint is partially allowed.
- The respondents are directed to enlighten the complainant about the development work undertaken by them in Plot No.104 out of R.S. No.17/1 of Tadasinakoppa Village and handover the developed plot with Completion Certificate within 60 days of this Order.
- Further, respondents are directed to pay Rs.10,000/- (Rupees ten thousand only) towards physical and mental agony and Rs.2,000/- (Rupees two thousand only) towards cost of litigation.
- Further, respondents are directed to comply this order within a period of 60 days from the date of this order, failing which the respondents are liable to pay a sum of Rs.3,09,160/- (Rupees three lakh nine thousand one hundred and sixty only) with interest at 9% p.a. from 19.01.2015, till realization.
5. Send a copy of this Order to both parties free of cost.
