BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 16^th DAY OF SEPTEMBER 2015

O R D E R

SRI. P.V SINGRI, PRESIDENT

These 15 complaints have been filed by separate petitioners against the same OP for refund of the advance payment made towards purchase of sites in the layout formed by OP.  Therefore, 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 Party (herein after referred as OP) with a prayer to direct the OP to refund them the advance amount paid by them towards purchase of the sites in the layout formed by the OP together with interest, compensation and cost of the proceedings.

3. The brief averments made in the complaint No.558/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1522 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

4. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

5. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

6. The brief averments made in the complaint No.561/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1517 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

7. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

8. For the aforesaid reasons, the complainant prays for an order directing the OP to pay him a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

9. The brief averments made in the complaint No.562/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Kengeri, Kengeri Hobli, Bangalore South Taluk, Bangalore and accordingly entered into an agreement of sale with the OP on 29.06.2006 agreeing to purchase plot No.28 in the layout called as M/s.Samyuktha Enclave for a total consideration of Rs.17,28,000/- and paid an advance amount of Rs.4,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining BMRDA/BDA approval.  However, the OP failed to obtain the necessary approval from the BMRDA/BDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the BMRDA/BDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

10. Due to the undue delay on the part of OP in getting the approval from the BMRDA/BDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.4,80,000/- together with interest at the rate of 2% p.a from 29.06.2006.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

11. For the aforesaid reasons, the complainant prays for an order directing the OP to pay him a sum of Rs.4,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

12. The brief averments made in the complaint No.563/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1519 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

13. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

14. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

15. The brief averments made in the complaint No.564/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1518 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

16. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

17. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

18. The brief averments made in the complaint No.565/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1516 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

19. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

20. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

21. The brief averments made in the complaint No.566/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1547 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

22. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

23. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

24. The brief averments made in the complaint No.567/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1297 in the layout called as M/s.Royal County for a total consideration of Rs.8,64,000/- and paid an advance amount of Rs.2,88,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

25. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.2,88,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.2,88,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

26. The brief averments made in the complaint No.568/2014 are as under:

The complainant intended to purchase a sites in a layout formed by OP at Kengeri, Kengeri Hobli, Bangalore South Taluk, Bangalore District and accordingly entered into an agreement of sale with the OP on 13.06.2006 agreeing to purchase plots No.178, 179, 180 & 96 in the layout called as M/s.Samyuktha Enclave for a total consideration of Rs.39,68,000/- and paid an advance amount of Rs.11,28,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining BDA approval.  However, the OP failed to obtain the necessary approval from the BDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the BDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plots.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

27. Due to the undue delay on the part of OP in getting the approval from the BDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plots and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.11,28,000/- together with interest at the rate of 2% p.a from 13.06.2006.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

28. For the aforesaid reasons, the complainant prays for an order directing the OP to pay him a sum of Rs.11,28,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

29. The brief averments made in the complaint No.569/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Maratikyatanahalli Village, Jayapura Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 04.07.2007 agreeing to purchase plot No.943 in the layout called as M/s.Royal Enclave for a total consideration of Rs.7,56,000/- and paid an advance amount of Rs.2,50,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

30. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.2,50,000/- together with interest at the rate of 2% p.a from 04.07.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

31. For the aforesaid reasons, the complainant prays for an order directing the OP to pay him a sum of Rs.2,50,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

32. The brief averments made in the complaint No.570/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1549 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

33. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

34. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

35. The brief averments made in the complaint No.571/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1520 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

36. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

37. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

38. The brief averments made in the complaint No.572/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1546 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,80,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

39. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

40. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,80,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

41. The brief averments made in the complaint No.573/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 26.03.2007 agreeing to purchase plot No.1513 in the layout called as M/s.Royal County for a total consideration of Rs.5,94,000/- and paid an advance amount of Rs.1,98,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

42.  Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,80,000/- together with interest at the rate of 2% p.a from 26.03.2007.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

43. For the aforesaid reasons, the complainant prays for an order directing the OP to pay him a sum of Rs.1,98,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

44. The brief averments made in the complaint No.574/2014 are as under:

The complainant intended to purchase a site in a layout formed by OP at Huyilala Village, Yelavala Hobli, Mysore Taluk, Mysore and accordingly entered into an agreement of sale with the OP on 05.08.2006 agreeing to purchase plot No.138 in the layout called as M/s.Royal County for a total consideration of Rs.5,40,000/- and paid an advance amount of Rs.1,50,000/- which was duly acknowledged by OP.  That the OP undertook to get the sale deed registered in favour of complainant within 30 days from the date of obtaining MUDA approval.  However, the OP failed to obtain the necessary approval from the MUDA within the period promised and went on dragging the matter on one or the other pretext.  The complainant repeatedly visited the OP to enquire about the status of the approval and the OP kept on postponing the matter on flimsy grounds.  The OP failed to get the approval from the MUDA as promised by him and also failed to register the sale deed in favour of the complainant in respect of the above said plot.  The OP thereby cheated the complainant by making false promises and the conduct of the OP amounts to deficiency in service.

45. Due to the undue delay on the part of OP in getting the approval from the MUDA and not registering the sale deed in favour of the complainant, the complainant has lost interest in purchasing the said plot and decided to cancel the said agreement and called upon the OP to return the advance sale consideration of Rs.1,50,000/- together with interest at the rate of 2% p.a from 05.08.2006.  When OP failed to refund the advance amount, the complainant got issued a legal notice on 23.12.2013 by RPAD.  The OP despite the said notice, failed to refund the advance consideration amount to the complainant till today.  Therefore, the complainant was forced to approach the Forum.

46. For the aforesaid reasons, the complainant prays for an order directing the OP to pay her a sum of Rs.1,50,000/- together with interest at the rate of 24% p.a from the date of agreement of sale till the date of realization together with compensation of Rs.2,00,000/- for the deficiency in service, mental agony, hardship suffered by the complainant with cost of the proceedings.

47. After registering the complaint, the OP was issued with a notice of complaint by RPAD, however the notice returned un-served for the reason that the OP is not available in the said address.  Therefore, the complainant filed an application Under Order 5 Rule 20(1A) Read with Sec.151 of CPC with a prayer to publish the notice of complaint in a local news paper.  The said application came to be allowed and the notice of the complaint came to the published in the local news paper.  Despite the publication of the notice of complaint, the OP failed to appear and therefore was placed ex-parte.

48. The complainants thereafter filed their affidavit by way of evidence.  Written arguments were also submitted on behalf of the complainants.

49. Perused the allegations made in the complaints, the affidavit evidence filed by the complainants, the copy of the agreement of sale and other materials placed on record.

50. The complainants who were interested to purchase a residential layout formed by the OP entered into an agreement of sale with the OP and paid advance amount as mentioned in the original agreement of sale produced along with the complaint.  The OP has acknowledged the receipt of the advance consideration amount paid by the complainant and the same also finds place in the original agreement of sale to which the OP is a signatory.

51. From the materials placed on record and from the allegations made in the complaints, it appears that the OP agreed to register the sale deed in favour of each of the complainants by receiving balance amount within 30 days from the date of obtaining necessary approval from the competent authority.  However, it appears that OP failed to obtain the necessary approvals of the residential layout from BDA/MUDA within a reasonable time as promised and went on postponing the execution of the sale deeds on one or the other pretext.  When the OP failed to obtain the necessary approval from BDA/MUDA even after 3-4 years from the date of the execution of the agreement of sale and execute the registered sale deed the complainants decided to cancel the sale deeds and demanded the OP to refund the advance consideration amount paid under the agreement of sale.  The OP has failed to refund the advance consideration received from the complainant despite repeated oral requests.  Therefore, the complainant got issued a legal notice to the OP calling upon him to refund the advance amount together with interest.  However, the OP has failed to refund the advance amount to the complainant as demanded in the legal notice.  The conduct of OP in not obtaining necessary approvals from BDA/MUDA for the said residential layout and in not executing the registered sale deed of the plot in favour of the complainants amounts to deficiency in service.

52. The OP despite publication of notice in the news paper failed to appear and contest the claim of the complainant.  We do not find any reasons to disbelieve the allegations made by the complainants in their complaints as well as in their sworn testimony.  The sworn testimony of the complainants stands unchallenged.  The OP apart from committing deficiency in service has also cheated the complainants making them to part away with substantial amount by making false promises.  Therefore, the OP has to be directed to refund the advance consideration amount received by him together with interest at the rate of 18% p.a from the date of the agreement of sale till the date of the realization.

53. The conduct of the OP must have put the complainants to great hardship, inconvenience and mental agony.  Moreover the price of the residential sites in the said areas has shot up and complainants would not be able to purchase the sites in the said areas for consideration mentioned in the agreement of sale, now.  Therefore, the complainants shall have to be compensated for the deficiency in service on the part of the OP.  In the given circumstances of the case, we are of the opinion that the OP shall have to be directed to pay a compensation of Rs.75,000/- to each of the complainants.

54. For the aforesaid reasons, 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 OP is directed to pay the complainant in complaint No.558/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.561/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.562/2014 Rs.4,80,000/- together with interest @ 18% p.a from 29/06/2006 till the date of realization.

The OP is directed to pay the complainant in complaint No.563/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.564/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.565/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.566/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.567/2014 Rs.2,88,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.568/2014 Rs.11,28,000/- together with interest @ 18% p.a from 13/06/2006 till the date of realization.

The OP is directed to pay the complainant in complaint No.569/2014 Rs.2,50,000/- together with interest @ 18% p.a from 04/07/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.570/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.571/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.572/2014 Rs.1,80,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.573/2014 Rs.1,98,000/- together with interest @ 18% p.a from 26/03/2007 till the date of realization.

The OP is directed to pay the complainant in complaint No.574/2014 Rs.1,50,000/- together with interest @ 18% p.a from 05/08/2006 till the date of realization.

Further the OP is directed to pay compensation of Rs.75,000/- to each one of the complainants together with cost of Rs.3,500/-

The OP shall comply the order passed by this Forum within six 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.558/2014 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 16^th day of September 2015)

MEMBER                            MEMBER                    PRESIDENT

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