BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.182/2022

DATED ON THIS THE 21^st FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

Order’s Delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

The OP claiming to be property developer lured the complainants to invest their lifetime savings to purchase residential apartment i.e., Schedule-A property morefuly described in Schedule-A to the complaint including undivided share and common areas in “ASWANI VAMANI” Apartment project and the OP agreed to sell Schedule-A property for a sale consideration of Rs.19,97,424/- and received booking amount of Rs.1,98,630/- and executed a registered sale agreement in favour of complainants and agreed to deliver the possession of the Apartment on or before 31.03.2023.But the OP not even started the construction till date.In spite of repeated requests and personal visit of OP by the complainants to complete the construction of apartment, the OP failed to construct apartment.On 02.03.2022, complainant visited the apartment complex and noticed that, the OP have abandoned all construction activities and thereby defaulted and defrauded several other home buyers, banks and financial institutions.Hence, on 04.03.2022, the complainant got issued legal notice to OP to refund booking amount with 18% p.a interest but, no response from the side of OP which results in mental harassment to the complainant.Therefore, it is alleged deficiency in service on the part of OP.Hence, this complaint.

5. our consideration are as under:

1. Whether the complainant No.1 and 2 prove that the alleged deficiency in service on the part of the opposite party and thereby they are entitled to the reliefs as sought for?

2.  What order?

      Point No.1 :-  Partly in the affirmative.

      Point No.2 :- As per final order

                          for the following

:: R E A S O N S ::

7.         Point No.1:- It is the specific contention of the complainants that, OP being the developer of Aswani Vamani project have lured the complainants to invest their lifetime savings to purchase residential apartment i.e., Schedule-A property morefuly described in Schedule-A to the complaint for a sale consideration of Rs.19,97,424/- and received booking amount of Rs.1,98,630/- from the complainants and executed a registered sale agreement in favour of complainants and agreed to deliver the possession of the Apartment on or before 31.03.2023.  The complainant got marked Ex.P-2, the copy of the registered sale agreement which clearly reflects that, the OP executed registered sale agreement in favour of the complainants and received booking amount of Rs.1,98,630/- and agreed to sell Schedule-A property for Rs.19,97,424/- and also agreed to deliver the possession of the flat i.e., Schedule-A property to the complainant on or before 31.03.2023.  The complainant also got marked Ex.P-1, the Bank statement which reflects the payment of Rs.1,98,630/-  made by the complainant to OP.  Therefore, the booking amount of Rs.1,98,630/- paid by complainants to OP is stands established and moreover, the receipt of Rs.1,98,630/- has been admitted by the OP in the registered agreement of sale executed in the name of complainants.  It is the further specific contention of the complainants that, the OP not even started construction of apartment building and it abandoned the construction activities when the complainant visited the apartment site on 02.03.2022, they noticed that, OP abandoned all construction activities in the construction site.  Therefore, the complainant repeatedly requested the OP to complete the construction apartment building and to deliver the possession but, they failed to do so.  Hence, having no other go, on 04.03.2023 got issued legal notice to OP calling upon them to refund the booking amount paid by them but, no response from the OP side.  From the pleadings of the complaint, it is crystal clear that, OP not even started construction activities when the complainant visited the apartment site and seen on 02.03.2022.  Under such circumstances, it is crystal clear that, the OP failed to put up the apartment building and failed to keep up their promise to deliver the possession to the complainants on or before 31.03.2023.  Therefore, we are of the opinion that, it us just and proper to direct the OP to refund the booking amount of Rs.1,98,630/- paid by the complainant to OP since, the OP failed to put up construction of apartment building in the construction site as it abandoned all the construction activities noticed by the complainants when they visited the site on 02.03.2022.  Therefore, we are of the considered view that, there is no chance to put up construction of apartment building by the OP and to deliver the “A” schedule property in favour of the complainants as agreed by the OP in the registered agreement of sale executed in favour of the complainants.  The non-commencement of construction of apartment building by the OP which itself is nothing but deficiency in service on the part of OP.  Therefore, the OP not only liable to refund the booking amount and also they are liable to pay the damages and cost of the litigation.  Hence, we answer point No.1 partly in the affirmative.

8. Point No.2:- For the aforesaid reasons, we proceed to pass the following:

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The OP is directed to refund booking amount of Rs.1,98,630/- to the complaint with interest at 10% p.a from 23.05.2019 within 2 months from the date of this order till payment. 

3. Further opposite party is hereby directed to pay compensation of Rs.25,000/- and Rs.5,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, the compensation of Rs.25,000/- + cost of litigation Rs.5,000/- totally R.30,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

5. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 21^st February 2023)