M/S. Shivari propertys Pvt Ltd,. V/S Mr. Abhay Chandra Jha, - Consumer Court Case

Karnataka

Bangalore Urban

CC/10/1921

Mr. Abhay Chandra Jha, - Complainant(s)

Versus

M/S. Shivari propertys Pvt Ltd,. - Opp.Party(s)

20 Oct 2010

ORDER

BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSLAL FORUM, BANGALORE, KARNATAKA STATE.
Bangalore Urban District Consumer Disputes Redressal Forum, Cauvery Bhavan, 8th Floor, BWSSB Bldg., K. G. Rd., Bangalore-09.
consumer case(CC) No. CC/10/1921

Mr. Abhay Chandra Jha,						...........Appellant(s)
Vs.
M/S. Shivari propertys Pvt Ltd,.						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

COMPLAINTS FILED ON: 16.08.2010 DISPOSED ON: 12.10.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) DATED THIS THE 12TH OCTOBER 2010 PRESENT:- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT Nos.1916, 1917, 1918, 1919, 1920, & 1921/2010 COMPLAINT NO.1916/10 COMPLAINANT Mr. H.G. Nagendra, S/o Late Ganapati H.L., Aged about 34 years, R/at Jana Jeeva Nivas, B006, Gamya Bhyrasandra, C.V. Raman Nagar Post, Bangalore 560 093. COMPLAINT NO.1917/10 COMPLAINANT Mrs. Savithri Murali, W/o Mr. Murali Venkataraman, Aged about 41 years, R/at # 21, 2nd Cross, Delhi Narayanappa Layout, Maruthi Seva Nagar, Bangalore 560 033. COMPLAINT NO.1918/10 COMPLAINANT Mr. Murali Venkataraman, S/o R. Venkataraman, Aged about 47 years, R/at # 21, 2nd Cross, Delhi Narayanappa Layout, Maruthi Seva Nagar, Bangalore 560 033. COMPLAINT NO.1919/10 COMPLAINANT Mr. Vivekananda Holla, S/o U.B. Holla, Aged about 31 years, R/at # 5, Vishnavi, 1st Main Road, Canara Bank Colony, Nagarabhavi Road, Vijayanagar, Bangalore 560 072. COMPLAINT NO.1920/10 COMPLAINANT Mr. K.C. Durgaprasad, S/o K.R. Chinnappa, Aged about 31 years, R/at # Kuntikana House, Perlampady Post, Kolthige Village, Puttur Taluk, Dakshina Kannada 574 212. COMPLAINT NO.1921/10 COMPLAINANT Mr. Abhay Chandra Jha, S/o Bhava Nand Jha, Aged about 32 years, R/at Plot No.108, Block-I, I J ACACIA Mount View Layout, Seegehalli Village, Virgonagar, Bangalore 560 049. Advocate: Sri. K.H. Somasekhara V/s OPPOSITE PARTY M/s Shiviri Propertys P Ltd., Having its registered office at No.1/1, KGE Layout, 2nd Cross, 4th Main, RMV 2nd Stage, Sanjaya Nagar 2nd Block, Bangalore 560 094. Rep: by its Managing Director, Mr. R. Keshava Murthy. Ex-Parte O R D E R SRI. B.S.REDDY, PRESIDENT These are the complaints filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants seeking direction against Opposite Party (herein after called as O.P) to execute the sale deed in respect of residential sites or to refund the advance amounts paid with interest and for compensation towards mental agony on the allegations of deficiency in service on the part of the OP. As the OP in all these complaints is common, the relief claimed is identical, in order to avoid the repetition of facts and multiplicity of reasonings, these complaints stand disposed of by this common order. 2. The case of the complainants is that OP is a Private Limited Company, constituted for the purpose of formation of layout and to allot the sites to its members. OP invited applications from interested persons to become the members for the project known as Shiviri Jasmine phase-I, situated at Hirandalli Village in survey No.39/1 and sub-numbers of Bidarahalli Hobli, Bangalore East Taluk and issued brochure in respect of the said project. After verifying the brochure and seeing the website, the complainants became the members of the OP company and paid sum amount as initial advance and OP executed an agreement of sale agreeing to allot the sites and execute the sale deed. OP failed to execute the sale deeds inspite of several requests and demands. OP issued cheques towards refund of the amount paid in favour of the complainants, but the cheques were dishonored. The complainants got issued legal notices calling upon the OP to execute the sale deed, alternatively to refund the advance amount. OP has not replied for the said notices. The complainants undergone lot of mental pain and suffered financial loss on account of OPs failure to execute the sale deed or to refund the advance amount paid. The details of the amounts paid, the date of agreement deed, site number and the total amount claimed is as shown in the below chart: Sl. No. Complaint No. Site No. Amount Paid Total Amount Claimed with interest & compensation 1 1916/10 318 Rs.2,00,000/- Rs.6,00,000/- 2 1917/10 126 Rs.3,80,000/- Rs.11,40,000/- 3 1918/10 127 Rs.3,00,000/- Rs.9,00,000/- 4 1919/10 314 Rs.2,00,000/- Rs.6,00,000/- 5 1920/10 315 Rs.2,00,000/- Rs.6,00,000/- 6 1921/10 135 Rs.2,00,000/- Rs.6,00,000/- The complainants felt deficiency in service on the part of the OP. Hence these complaints. 3. Inspite of service of notices, OP failed to appear. Hence placed ex-parte. 4. In order to substantiate the complaint averments, the complainants filed affidavit evidences. Arguments heard from complainants side. 5. From the complaints averments and affidavit evidence, the documents produced, it becomes clear that OP being a Private Limited Company issued brochure stating that residential sites in the proposed layout known as Shiviri Jasmine Phase-I situated at Hirandalli Village, in survey No.39/1 and sub numbers of Bidarahalli Hobli, Bangalore East Taluk will be allotted to the persons who become the member of OP company. Annexure A is the brochure issued. All these complainants based on the said brochure became the members of OP company and paid the advance amount for the sites as shown in the above chart. OP has executed the agreement deeds acknowledging the receipts of the advance sale consideration. However OP failed to execute the sale deed; though the complainants were prepared to pay the balance consideration as shown in the agreement deeds. Ultimately OP issued cheques towards refund of the advance amount paid, but the cheques were dishonored on the ground Funds Insufficient. The complainants got issued legal notices demanding the OP to execute the sale deed or to refund the amount, but OP failed to comply the demands. The affidavit evidences all these complainants remained unchallenged. On the agreement deeds itself OP has made an endorsement having issued cheques towards the refund of the booking amount. The very fact of OP remaining ex-parte goes to show that OP is admitting the allegations made in these complaints. The cheques were issued towards refund of the amount with interest at 12% p.a. In the agreement deeds it is mentioned that vendor has agreed to repay the advance amount within 30 to 45 days from the date of cancellation with 12% interest p.a. from the date of agreement, in case the vendor fails to form a layout with BDA plan approval by 30th July 2008 and fails to obtain the release certificate for the site. Thus it becomes clear that OP has agreed to pay interest at 12% p.a. in the event of its failure to form layout. The complainants have not produced any material to show that the sites are available in the layout duly approved. In view of the same OP cannot be directed to execute the sale deed. The complainants are entitled for the alternative reliefs for refund of the amount with interest. The failure on the part of OP to form a layout as agreed or to refund the advance amount paid amounts to deficiency in service on its part. Under these circumstances we are of the view that the complainants are entitled for the refund of the advance amount paid with interest. Accordingly we proceed to pass the following: O R D E R The complaints are allowed in part. 1. In complaint No.1916/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 2. In complaint No.1917/2010 OP is directed to refund an amount of Rs.3,80,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 3. In complaint No.1918/2010 OP is directed to refund an amount of Rs.3,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 4. In complaint No.1919/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 5. In complaint No.1920/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 6. In complaint No.1921/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. OP to comply the order within four weeks from the date of this order. This original order shall be kept in the file of the complaint No.1916/2010 and a copy of it shall be placed in other respective files. Send the copy of this order to both the parties free of cost. (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 12th day of October 2010.) PRESIDENT MEMBER MEMBER Snm:

COMPLAINTS FILED ON: 16.08.2010 DISPOSED ON: 12.10.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) DATED THIS THE 12TH OCTOBER 2010 PRESENT:- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT Nos.1916, 1917, 1918, 1919, 1920, & 1921/2010 COMPLAINT NO.1916/10 COMPLAINANT Mr. H.G. Nagendra, S/o Late Ganapati H.L., Aged about 34 years, R/at Jana Jeeva Nivas, B006, Gamya Bhyrasandra, C.V. Raman Nagar Post, Bangalore 560 093. COMPLAINT NO.1917/10 COMPLAINANT Mrs. Savithri Murali, W/o Mr. Murali Venkataraman, Aged about 41 years, R/at # 21, 2nd Cross, Delhi Narayanappa Layout, Maruthi Seva Nagar, Bangalore 560 033. COMPLAINT NO.1918/10 COMPLAINANT Mr. Murali Venkataraman, S/o R. Venkataraman, Aged about 47 years, R/at # 21, 2nd Cross, Delhi Narayanappa Layout, Maruthi Seva Nagar, Bangalore 560 033. COMPLAINT NO.1919/10 COMPLAINANT Mr. Vivekananda Holla, S/o U.B. Holla, Aged about 31 years, R/at # 5, Vishnavi, 1st Main Road, Canara Bank Colony, Nagarabhavi Road, Vijayanagar, Bangalore 560 072. COMPLAINT NO.1920/10 COMPLAINANT Mr. K.C. Durgaprasad, S/o K.R. Chinnappa, Aged about 31 years, R/at # Kuntikana House, Perlampady Post, Kolthige Village, Puttur Taluk, Dakshina Kannada 574 212. COMPLAINT NO.1921/10 COMPLAINANT Mr. Abhay Chandra Jha, S/o Bhava Nand Jha, Aged about 32 years, R/at Plot No.108, Block-I, I J ACACIA Mount View Layout, Seegehalli Village, Virgonagar, Bangalore 560 049. Advocate: Sri. K.H. Somasekhara V/s OPPOSITE PARTY M/s Shiviri Propertys P Ltd., Having its registered office at No.1/1, KGE Layout, 2nd Cross, 4th Main, RMV 2nd Stage, Sanjaya Nagar 2nd Block, Bangalore 560 094. Rep: by its Managing Director, Mr. R. Keshava Murthy. Ex-Parte O R D E R SRI. B.S.REDDY, PRESIDENT These are the complaints filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants seeking direction against Opposite Party (herein after called as O.P) to execute the sale deed in respect of residential sites or to refund the advance amounts paid with interest and for compensation towards mental agony on the allegations of deficiency in service on the part of the OP. As the OP in all these complaints is common, the relief claimed is identical, in order to avoid the repetition of facts and multiplicity of reasonings, these complaints stand disposed of by this common order. 2. The case of the complainants is that OP is a Private Limited Company, constituted for the purpose of formation of layout and to allot the sites to its members. OP invited applications from interested persons to become the members for the project known as Shiviri Jasmine phase-I, situated at Hirandalli Village in survey No.39/1 and sub-numbers of Bidarahalli Hobli, Bangalore East Taluk and issued brochure in respect of the said project. After verifying the brochure and seeing the website, the complainants became the members of the OP company and paid sum amount as initial advance and OP executed an agreement of sale agreeing to allot the sites and execute the sale deed. OP failed to execute the sale deeds inspite of several requests and demands. OP issued cheques towards refund of the amount paid in favour of the complainants, but the cheques were dishonored. The complainants got issued legal notices calling upon the OP to execute the sale deed, alternatively to refund the advance amount. OP has not replied for the said notices. The complainants undergone lot of mental pain and suffered financial loss on account of OPs failure to execute the sale deed or to refund the advance amount paid. The details of the amounts paid, the date of agreement deed, site number and the total amount claimed is as shown in the below chart: Sl. No. Complaint No. Site No. Amount Paid Total Amount Claimed with interest & compensation 1 1916/10 318 Rs.2,00,000/- Rs.6,00,000/- 2 1917/10 126 Rs.3,80,000/- Rs.11,40,000/- 3 1918/10 127 Rs.3,00,000/- Rs.9,00,000/- 4 1919/10 314 Rs.2,00,000/- Rs.6,00,000/- 5 1920/10 315 Rs.2,00,000/- Rs.6,00,000/- 6 1921/10 135 Rs.2,00,000/- Rs.6,00,000/- The complainants felt deficiency in service on the part of the OP. Hence these complaints. 3. Inspite of service of notices, OP failed to appear. Hence placed ex-parte. 4. In order to substantiate the complaint averments, the complainants filed affidavit evidences. Arguments heard from complainants side. 5. From the complaints averments and affidavit evidence, the documents produced, it becomes clear that OP being a Private Limited Company issued brochure stating that residential sites in the proposed layout known as Shiviri Jasmine Phase-I situated at Hirandalli Village, in survey No.39/1 and sub numbers of Bidarahalli Hobli, Bangalore East Taluk will be allotted to the persons who become the member of OP company. Annexure A is the brochure issued. All these complainants based on the said brochure became the members of OP company and paid the advance amount for the sites as shown in the above chart. OP has executed the agreement deeds acknowledging the receipts of the advance sale consideration. However OP failed to execute the sale deed; though the complainants were prepared to pay the balance consideration as shown in the agreement deeds. Ultimately OP issued cheques towards refund of the advance amount paid, but the cheques were dishonored on the ground Funds Insufficient. The complainants got issued legal notices demanding the OP to execute the sale deed or to refund the amount, but OP failed to comply the demands. The affidavit evidences all these complainants remained unchallenged. On the agreement deeds itself OP has made an endorsement having issued cheques towards the refund of the booking amount. The very fact of OP remaining ex-parte goes to show that OP is admitting the allegations made in these complaints. The cheques were issued towards refund of the amount with interest at 12% p.a. In the agreement deeds it is mentioned that vendor has agreed to repay the advance amount within 30 to 45 days from the date of cancellation with 12% interest p.a. from the date of agreement, in case the vendor fails to form a layout with BDA plan approval by 30th July 2008 and fails to obtain the release certificate for the site. Thus it becomes clear that OP has agreed to pay interest at 12% p.a. in the event of its failure to form layout. The complainants have not produced any material to show that the sites are available in the layout duly approved. In view of the same OP cannot be directed to execute the sale deed. The complainants are entitled for the alternative reliefs for refund of the amount with interest. The failure on the part of OP to form a layout as agreed or to refund the advance amount paid amounts to deficiency in service on its part. Under these circumstances we are of the view that the complainants are entitled for the refund of the advance amount paid with interest. Accordingly we proceed to pass the following: O R D E R The complaints are allowed in part. 1. In complaint No.1916/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 2. In complaint No.1917/2010 OP is directed to refund an amount of Rs.3,80,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 3. In complaint No.1918/2010 OP is directed to refund an amount of Rs.3,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 4. In complaint No.1919/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 5. In complaint No.1920/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. 6. In complaint No.1921/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. OP to comply the order within four weeks from the date of this order. This original order shall be kept in the file of the complaint No.1916/2010 and a copy of it shall be placed in other respective files. Send the copy of this order to both the parties free of cost. (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 12th day of October 2010.) PRESIDENT MEMBER MEMBER Snm: