BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 22^nd DAY OF FEBRUARY 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – LADY MEMBER

CONSUMER COMPLAINT NO. 518/2018

Mrs. Sonu Bhoot W/o Mr.Shreekant Bhoot,

Aged 38 years, Flat No.E-202,

Oceanus Fressia Apartment, Bellandur Road,

Bellandur, Bangalore-560 103.

……….Complainant

(By Sri. Anupam Agarwal, Adv.,)

V/s

M/s Yashaswini Builder Pvt. Ltd.

Represented by its Managing Director

6^th Floor, “Anugraha Meadow”,

4^th & 5^th Cross, Bhuvaneshwari Nagar,

Behind Godrej Woods, Dasarahalli

(NH-7), Hebbal, Bangalore-560 024.

(Ex-parte)

……….Opposite Party/s

:ORDERS:

BY SRI RAVISHANKAR  –  JUDICIAL MEMBER

This complaint is filed by the complainant alleging deficiency in service against the Opposite Party and prays to direct the Opposite Party to refund Rs.10,00,000/- paid towards booking of an apartment together with interest @ 12% p.a. from 13.12.2013 along with Rs.10,00,000/- towards mental agony and Rs.50,000/- towards litigation expenses.

           The brief facts of the complaint are as under:-

2.        With an intention to purchase an apartment, the complainant approached the Opposite Party and after verbal discussion paid Rs.10,00,000/- on 13.12.2013 towards purchase of an apartment in the project to be located at Hennur Road, Near Hebbal at Bangalore.   After receipt of the said amount, the Opposite Party failed to execute sale agreement and sale deed.  The Opposite Party did not had any intention either to execute the sale agreement or to register the schedule property in favour of the complainant, hence requested to refund the amount.  But the Opposite Party did not refund the said amount in spite of repeated requests, demands, personal visits and legal notice and thereby the Opposite Party is harassing the complainant.  Hence, the complaint.

3.        In spite of service of notice, the Opposite Party did not appear before this Commission.  Hence, the Opposite Party was placed as Ex-parte.

4.        The complainant has filed his affidavit evidence. The complainant has not marked the documents though produced.

5.         We have heard the arguments of complainant.

6.         On perusal, the following points will arise for our consideration;

(1)       Whether the complainant proved deficiency in service on the part of Opposite Parties?

(2)       Whether the complainant is entitled to the reliefs as sought?

(3)       What Order?

7.         The findings to the above points are;

                        (1)       Positive

                        (2)       Partly Positive.

(3)       As per final Order.

:R E A S O N S:

Point Nos. (1) to (3):-

8.         On perusal of the contents of affidavit evidence and documents produced by the complainant, it is not in dispute that the complainant has paid Rs.10,00,000/- to the Opposite Party.   When there was no any sign of commencement of the project or any intention to execute the sale agreement and to register the schedule property by the Opposite Party, the complainant being fed-up with the behavior of the Opposite Party, requested several times to refund the amount with interest, but the Opposite Party failed to refund the amount paid by the complainant.  Hence, the complainant issued legal notice to the Opposite Party calling upon the Opposite Party to refund the amount paid by him.  But the Opposite Party failed to refund the said amount.  Hence, in our opinion the Opposite Party has committed deficiency in service and unfair trade practice. 

9.         In spite of payment and requests, the Opposite Party failed to execute sale agreement and sale deed and also not refunded the amount paid by the complainant in spite of several requests.  Moreover, in spite of service of notice, the Opposite Party remained absent.  Hence, the Opposite Party has placed Ex-parte, means Opposite Party is accepted the allegations made by the complainant.  Taking into consideration of the facts, evidence and records and discussions made here, deficiency in service and unfair trade practice on the part of the Opposite Party has been proved.    Hence, we pass the following:-

:ORDER:

The complaint is allowed with cost of Rs.20,000/-.

The Opposite Party is directed to pay Rs.10,00,000/- (Rs. Ten Lakhs only) to the complainant which was paid by the complainant to the Opposite Party along with interest at the rate of 12% p.a. from 13.12.2013 till realization.  

The Opposite Party is further directed to pay Rs.1,00,000/- (Rs.One Lakh Only) to the complainant towards compensation for causing mental agony.

The Opposite Party is directed to comply the above order within one month from the date of receipt of this order. 

Send a copy of this order to both parties.

Sd/-                                                                                                   Sd/-

Lady Member.                                                                      Judicial Member.

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