Complaint Case No. CC/1075/2020 | ( Date of Filing : 11 Dec 2020 ) |
| | 1. Dr. Indresh S.N | S/o Narasimhamurthy, Aged about 50 Years,R/at No.2289,4th Main,RPC Layout, Vijayanagara 2nd Stage,Bengaluru-560040, |
| ...........Complainant(s) | |
Versus | 1. M/s. Kanva Developers | Office is Situated at No.861,Kanva Sri Sai Complex,WOC Road,2nd Stage,Mode Hospital Road,Bengaluru-560086.Rep by its Proprietor, Sri.N.Nanjudaiah, | 2. Sri. Nanjundaiah | S/o late S.Narayanappa,Proprietor, M/s. Kanva Developers Situated at No.861,Kanva Sri Sai Complex,WOC Road,2nd Stage,Mode Hospital Road,Bengaluru-560086.Rep by its Proprietor, Sri.N.Nanjudaiah, |
| ............Opp.Party(s) |
|
|
Final Order / Judgement | Complaint filed on: 11.12.2020 Date of Disposal:21.07.2022 | |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN) DATED 21ST DAY OF JULY 2022 PRESENT:- SRI.K.S.BILAGI | : | PRESIDENT | SMT.RENUKADEVI DESHPANDE | : | MEMBER | SRI.H.JANARDHAN | : | MEMBER |
COMPLAINANT | Dr.Indresh S.N. S/o. Narasimhamurthy, Aged about 50 years, R/at No.2289, 4th Main, RPC Layout, Vijayanagara 2nd Stage, Bengaluru 560 040. | (Sri N.J.Ramesh, Adv.) | | OPPOSITE PARTY | - M/s Kanva Developers,
Office is situated at No.861, Kanva Sri Sai Complex, W.O.C. Road, 2nd Stage, Mode Hospital Road, Bengluru 560 086. Rep. by its Proprietor Sri.N.Nanjundaiah. - Sri.Nanjundaiah,
S/o.Late.S.Narayanappa, Aged about 53 years, Proprietor, M/s Kanva Developers, Situated at No.861, Kanva Sri Sai Complex, W.O.C. Road, 2nd Stage, Mode Hospital Road, Bengaluru 560 086. | (Exparte) |
ORDER SRI.K.S.BILAGI, PRESIDENT - It is the complaint filed under section 12 of C.P.Act, 1986, (herein referred as “ACT”) to
- Direct the OPs 1 and 2 to refund the amount of Rs.7,82,400/- which includes the advance amount of Rs.4,44,000/- and interest at the rate of 12% p.a., from the date of receipt of the advance amount to till the filing of this complaint and the compensation amount of Rs.1,00,000/- and Rs.50,000/- towards cost of litigation expenses to the complainant.
- Direct the OPs 1 and 2 to pay the future interest of at the rate of 24% p.a. on the advance amount of Rs.4,44,000/- from the date of this complaint to till its realization and
- Grant such other relief or reliefs as deems fit to grant under the circumstances of the case in the interest of justice and equity.
- The brief facts of the complaint are as follows:
The complainant having approached OP1 to have a site measuring 30’X40’ in the proposed layout of the OP paid Rs.4,00,000/- on 03.04.2013 and Rs.44,000/- on 02.05.2013 against the total consideration of Rs.8,88,000/-. Even though Agreement of sale has been executed with the complainant on 06.05.2014. OPs failed to provide clear documents of the site and boundaries. Despite repeated request, the OPs failed to come forward either to execute the registered Sale Deed or to refund the amount. OPs have closed their office. Hence the act of the OP amounts to deficiency of service. Hence this complaint. - Despite service of notice, both OPs failed to appear before this Commission and they have been placed exparte. The complainant files his affidavit evidence and relies on one document.
- Perused the records.
- The following points arise for our consideration as are:-
- Whether the complainant proves deficiency in service on the part of the OPs?
- Whether the complainant is entitled for the reliefs as mentioned in the complaint?
- What order?
- The points that would arise for our consideration are as under:
Point No.1: Affirmative Point No.2 : Affirmative in part Point No.3: As per final order REASONS - Point Nos.1 & 2: The complainant reiterated the facts pleaded in the complaint in his affidavit evidence. According to the complaint and his affidavit evidence, the complainant has paid Rs.4,00,000/- on 03.04.2013 and Rs.44,000/- on 02.05.2013 to the OPs in respect of the site measuring 30’X40’ against the total sale consideration of Rs.8,88,000/- .
- It has been proved that the agreement of sale came to be executed between the OP1, represented by its proprietor Sri. Nanjundaiah who is OP2 in this case on 06.05.2013. The payment of Rs.4,44,000/- has been admitted by the OP under the Agreement of sale. The OP also agreed to pay interest at 12% p.a., in case they failed to form a layout.
- It is the definite case and evidence of the complainant that despite payment of huge amount, the OPs neither developed the site nor come forward to execute the Sale Deed. There is no circumstance to disbelieve the case set up by the complainant. The complainant not only proves payment of Rs.4,44,000/- to the OP, but also proves the deficiency of service.
- The complainant is entitled to refund of Rs.4,44,000/- from the OPs. Even though agreement of sale indicates payment of interest at 12% p.a., from the date of agreement and complainant also claims the same rate of interest, but apart from this the complainant seeks Rs.1,00,000/- as compensation and Rs.50,000/- as cost of litigation. In view of the written agreement between the parties, the Ops are liable to pay interest at 12% p.a., from 06.05.2013 i.e., from the date of agreement till realization. The complainant is not entitled to any compensation in addition to interest. However complainant has engaged the service of an advocate, therefore cost of litigation is quantified at Rs.5,000/-.
- Point No. 3: In view of the discussion referred above, the OPs are liable to refund Rs.4,44,000/- with interest at 12% p.a., from 06.05.2013 till realization and also liable to pay Rs.5,000/- towards cost of the litigation. The complainant is not entitled for compensation. The complaint requires to be allowed in part. We proceed to pass the following
O R D E R - The complaint is allowed in part.
- OPs shall refund Rs.4,44,000/- with interest at 12% p.a., from 06.05.2013 till realization and also pay Rs.5,000/- towards cost of the litigation.
- The OPs shall comply this order within 60 days from this date.
- Furnish the copy of this order and return the documents to the complainant with extract pleadings.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 21st day of July, 2022) (Renukadevi Deshpande) MEMBER | (H.Janardhan) MEMBER | (K.S.Bilagi) PRESIDENT |
Documents produced by the Complainant-P.W.1 are as follows: 1. | Doc.1: Copy of the sale agreement dated 06.05.2013 |
Documents produced by the representative of opposite party – R.W.1 : Nil (Renukadevi Deshpande) MEMBER | (H.Janardhan) MEMBER | (K.S.Bilagi) PRESIDENT |
| |