Complaints Filed on:29.03.2014 & 09.04.2014 |
Disposed On:17.11.2015 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN
17th DAY OF NOVEMBER 2015
PRESENT:- | SRI. P.V SINGRI | PRESIDENT |
| SMT. M. YASHODHAMMA | MEMBER |
| SMT. P.K SHANTHA | MEMBER |
COMPLAINT NOs.609/2014, 658/2014 & 662/2014. |
COMPLAINT nO.609/2014
COMPLAINANT | Mrs.S. Zeenath Ahamed, W/o S.S Ahamed, Aged about 57 years, R/a No.CB/1/C, New Town, Bhadravathi, Shimoga District – 577301. |
COMPLAINT nO.658/2014
COMPLAINANT | Sri.Rajendra Bareto, S/o Apalanar Bareto, R/at No.D-102, 1st Floor, Akruthi Sunshine, Kadu Bisanahalli, Varthur Hobli, Bangalore. |
COMPLAINT nO.662/2014
COMPLAINANTS | 1) Sri.C. Ramanjaneyula Reddy, S/o C. Narayana Reddy, Age 34 years, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. 2) Sri.N Narahari, S/o N.Narasaiah, R/at No.1/3448, Nakka Street, Pulivendula, Kadapa District, Andhrapradesh, Authorised agent complainant No.1 for complainant No.2. Advocate – Sri.Purushotham G V/s |
OPPOSITE PARTIES | 1) M/s MY COUNTY / M/s. PRESIDENCY ROYAL, Registered office at No.895/1, “SKANDA”14th Cross, Mahalakshmi Layout, Bangalore-086, Represented by its Director / Partner, Bhaskar Reddy. (i) M/s MY CITI, Registered office at No.717, Poornashashi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basveshwaranagar, Bangalore-560086. Represented by its partners. 2) Sri. Bhaskar Reddy, S/o Bala Venkata Reddy, Aged about 48 years, R/at No.1, Srikrishna Avenue, “SHRESTHA”, Doddakallasandra, Near Macualoy Slcod, Kanakapura Road, Bangalore. 3) Sri.T Ripunjaya Reddy, S/o Raghava Reddy, Aged about 47 years, R/a 604, Vaishnavi Pradise, Sangam Circle, Jayanagar, Bangalore-011. |
O R D E R
SRI. P.V SINGRI, PRESIDENT
These 3 complaints have been filed by separate complainants against the same OPs and the issue involved in all these cases is one and the same. Therefore, all these complaints have been clubbed together and disposed off under this common order.
2. The complainants have filed these complaints U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs to refund them the advance amount paid by them towards purchase of the sites in the layout formed by the OPs together with interest, compensation and cost of the proceedings.
3. The brief averments made in all these complaints are as under:
The OPs are real estate promoter and property developers engaged in the business of developing, marketing and selling residential sites in and around Bangalore. The OPs developed a residential layout under the name and style My County, at Chikka Hullur Village, Kasaba Hobli, Hosakote Taluk, Bangalore Rural District / “MY CITI” Phase III (BMRDA) in various survey numbers situated at Kallagopahalli Village, Heggadagere Village, Bidadi Hobli, Ramanagar Taluk, Ramanagara District / M/s. PRESIDENCY ROYAL in various survey numbers at Muddapura Village, Karenahalli Village, Ramanagara Taluk & District. The complainants attracted and lured by the colourful brochures by the OPs and the advertisement in the news papers decided to purchase a site each in the residential layout believing that the OPs develop the said layout within a reasonable time and execute the register sale deed, agreed to purchase the sites and the OPs executed agreements of sale in favour of the complainants by receiving advance amount in the following manner.
Sl
No. | Complaint No. | Project Name | Total consideration | Advance amount | Date of agreement of sale | Legal
notice date |
1) | 609/2014 | My County | Rs.9,00,000/- | Rs.300000/- | 24.03.2007 | 04.03.2014 |
2) | 658/2014 | My Citi Phase-III | Rs.10,88,000/- | Rs.250000/- | 20.09.2006 | 01.03.2014 |
3) | 662/2014 | Presidency Royal | Rs.9,00,000/- | Rs.360000/- | 15.02.2008 | 05.11.2013 |
The complainants thereafter requested the OPs to execute the registered sale deed in respect of the sites mentioned in the agreements of sale by receiving the balance amount. However, the OPs went on postponing the execution of registered sale deeds on one or the other pretext. The complainants after having waited for more than 5-6 years ultimately decided to put an end to the agreement of sale having realized that the OPs have not at all developed the residential layouts as promised and agreed by them. When the complainants requested the OPs to refund the advance amount paid by them again the OPs on one or the other pretext postponed the refund of the advance amount and ultimately vanished. The complainants thereafter got issued legal notice to OPs but the same were returned with an endorsement that the OPs have left and vacated the address. Therefore, the complainants having no other choice have approached this Forum with a prayer to direct the OPs to refund the advance amount received by them together with interest and damages and the cost of the litigation.
4. The registered noticed issued to the OPs returned with an endorsement by the postal authorities that the OPs have left the address. Thereafter, the complainants took substitute service by publishing the notice of the complaint in the local news paper. Despite publication of the notice in the news paper, OPs failed to appear and contest the complaints and they were placed ex-parte.
5. Thereafter, each of the complainants were called upon to file their affidavit evidence and accordingly the complainants have submitted their affidavit evidence in lieu of oral evidence. Written arguments have also been filed on behalf of each of the complainants.
6. Perused the allegations made in the complaint, the sworn testimony of each of the complainants, copies of agreements of sale executed by the OPs in favour of each of the complainants and the copies of receipts for having received by advance amount from the complainants.
7. The complainants in their sworn testimony reiterated the allegations made in the complaint. The complainants have produced the copies of agreements of sale executed by the OPs in their favour in which the OPs have admitted the receipt of advance amount from each of the complainants. The OPs despite the execution of agreement of sale in favour of each of the complainant and despite having received substantial amount as advance failed to execute the registered sale deed in favour of the complainants in respect of the sites mentioned in the agreements of sale. No reasons have been assigned by the OPs for their failure to execute the registered sale deed in favour of the complainants in terms of the agreements of sale executed in favour of each of the complainants by receiving the balance amount. Though each of the complainants were ready to pay the balance amount and obtain the registered sale deeds, the OPs failed to execute the registered sale deeds without assigning any valid reasons. It is brought to our notice that the OPs have not at all developed the residential layouts as promised by them.
8. It is further brought to our notice that there are no sites in possession of OPs and they have simply cheated the complainants promising them to develop residential layout by giving colourful picture of the same. The unsuspecting complainants have fallen prey to the false promise made by the OPs and have parted with substantial amount under the agreements of sale with a fond hope of owning a site in and around Bangalore. The conduct of OPs certainly amounts to deficiency in service. More over the conduct of OPs in executing the agreement of sale without developing residential layouts as promised and making each of the complainants to part with substantial amount also amounts to cheating punishable U/s.420 of Indian Penal Code.
9. The OPs are therefore liable to refund the advance amount received by them from each one of the complainants together with interest @ 18% p.a. The conduct of OPs must have put the complainants to lot of mental agony, harassment and inconvenience. Therefore, the OPs have to be directed to pay adequate compensation to each of the complainants. The agreements of sale have been executed in the year 2006, 2007 & 2008. Looking to steep rise in the price of sites in and around Bangalore, it is apparent that the complainants would not get sites in the said locality for the consideration mentioned in the agreements of sale. Therefore, we feel that the OPs shall have to be directed to pay a compensation of Rs.3,00,000/- to each of the complainants apart from litigation cost of Rs.4,000/-. The order could not be passed within the stipulated time due to heavy pendency.
10. In the result, we proceed to pass the following:
O R D E R
The complaints filed by the complainants U/s.12 of the Consumer Protection Act, 1986 are allowed in part.
The OPs in complaint No.609/2014 are directed to refund a sum of Rs.3,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization.
The OPs in complaint No.658/2014 are directed to refund a sum of Rs.2,50,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization.
The OPs in complaint No.662/2014 are directed to refund a sum of Rs.3,60,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization.
The OPs shall pay compensation of Rs.3,00,000/- to each of the complainant together with litigation cost of Rs.4,000/-.
The OPs shall comply the order passed by this Forum within eight weeks from today.
Send the copy of the order to both the parties free of costs.
This original order shall be kept in the file of the complaint No.609/2014 and a copy of it shall be placed in other connected files.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 17th day of November 2015)
MEMBER MEMBER PRESIDENT
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COMPLAINT Nos. 609/2014, 658/2014 & 662/2014. |
COMPLAINT nO.609/2014
COMPLAINANT | Mrs.S. Zeenath Ahamed, Shimoga District – 577301. |
COMPLAINT nO.658/2014
COMPLAINANT | Sri.Rajendra Bareto, Bangalore. |
COMPLAINT nO.662/2014
COMPLAINANT | 1) Sri.C. Ramanjaneyula Reddy, Andhrapradesh. 2) Sri.N Narahari, Andhrapradesh, Authorised agent complainant No.1 for complainant No.2. |
| V/s |
OPPOSITE PARTIES | 1) M/s MY COUNTY / M/s. PRESIDENCY ROYAL, Represented by its Director / Partner, Bhaskar Reddy. (i) M/s MY CITI, Bangalore-560086. Represented by its partners. 2) Sri. Bhaskar Reddy, Bangalore. 3) Sri.T Ripunjaya Reddy, Bangalore-011. |
Witnesses examined on behalf of the complainant/s dated 03.09.2015 & 01.07.2015.
- Sri.S.Zeenath Ahamed (Complaint No.609/2014)
- Sri.Rajendra Bareto (Complaint No.658/2014
- Sri.C Ramanjaneyula Reddy (Complaint No.662/2014)
Documents produced by the complainant:
(Complaint No.609/2014)
1) | Document No.1 is the copy of receipt issued by OP to complainant dated 10.02.2007 for Rs.10,000/-. |
2) | Document No.2 is the copy of receipt issued by OP to complainant dated 17.03.2007 for Rs.1,45,000/-. |
3) | Document No.3 is the copy of receipt issued by OP to complainant dated 20.02.2007 for Rs.1,45,000/-. |
4) | Document No.4 is the copy of Agreement of Sale between OP and complainant dated 24.03.2007. |
5) | Document No.5 is the copy of legal notice dated 04.03.2014. |
6) | Document No.6 is the 3 returned original postal covers. |
7) | Document No.7 is the copy of news paper dated 04.07.2015. (paper publication) |
Documents produced by the complainant:
(Complaint No.658/2014)
1) | Document No.1 is the copy of Agreement of Sale between OP and complainant dated 20.09.2006. |
2) | Document No.2 is the copy of letter of complainant issued to Police Inspector, CCB, Bangalore for refund of amount from OP. |
3) | Document No.3 is the copy of legal notice dated 01.03.2014. |
4) | Document No.4 is the 3 returned original postal covers. |
5) | Document No.5 is the copy of news paper dated 03.08.2014. (paper publication) |
Documents produced by the complainant:
(Complaint No.662/2014)
1) | Document No.1 is the copy of receipt issued by OP to complainant dated 24.11.2007 for Rs.3,60,000/-. |
2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 15.02.2008. |
3) | Document No.3 is the copy of legal notice dated 05.11.2013. |
4) | Document No.4 is the 3 returned original postal covers. |
5) | Document No.5 is the copy of news paper dated 03.08.2014. (paper publication) |
OPs - Absent
MEMBER MEMBER PRESIDENT
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