Date of Filing:09/09/2021 Date of Order:18/03/2022 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. Dated:18th DAY OF MARCH 2022 PRESENT SRI.H.R. SRINIVAS, B.Sc., LL.B. Rtd. Prl. District & Sessions Judge And PRESIDENT SRI. Y.S. THAMMANNA, B.Sc, LL.B., MEMBER SMT.SHARAVATHI S.M, B.A, LL.B., MEMBER COMPLAINT NO.379/2021 COMPLAINANT : | | Mrs. NOOR FATHIMA, W/o Kahalandar Pash N, Aged about 35 years, R/at Flat No.SF-1, Second Floor, “JABBAR ZIRCON HERITAGE”, No.2, Chinnaswamy Mudaliar road, Tasker Town, Civil Station, Bangalore Mob: 9916363411 (Sri Bharath Kumar V Adv. For Complainant) | |
Vs OPPOSITE PARTY: | 1 | M/s. STANDARD CONSTRUCTIONS, No.2A/13, Shamanna Garden, 7th Cross, 22nd Main, 5th Phase, JP Nagara, Bengaluru 560 078. Rept by its PROPRIETOR S/oLate H.Syed Isamail, Aged about 54 years, No.8, Siddaiah Road Cross, Bangalore 560 002. | | | 2 | MR. JAVEED, S/o Late Abdul Jabbar Shariff, Aged Major R/at No.4/3, Pettigarhi Street Bharathinagar, Thimmaiah Road Cross, Bengaluru 560 051. (OPs – Exparte) |
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ORDER
SRI.H.R. SRINIVAS. PRESIDENT
1. This is the Complaint filed by the Complainant against the Opposite Parties (herein referred to as OPs) under section 35 of the Consumer Protection Act 2019 for the deficiency in service in not handing over the car parking area SF-1 in the apartment ‘JABBAR ZIRCON HERITAGE’ and for handing over the same along with compensation of Rs.1,00,000/- for suffering hardship and for cost and for such other reliefs as the Hon’ble District Commission deems fit.
2. The brief facts of the complaint are that; complainant purchased a flat SF-1 2nd floor in ‘JABBAR ZIRCON HERITAGE’ properties No.2 Chinnaswamy Mudiliar Road, Taskar Town, Civil Station, Bangalore for a sum of Rs.55,00,000/- for a total built-up area of 1100 sq. feet. With one reserved car parking bearing SF-1 in the stilt floor which as described in the sale deed, the same was shown to her and assured that the said car parking area to the schedule property would be allotted to her which is just below to his flat.
3. Believing the words and promises of OPs, she agreed to purchase the property of built up area of 1100 sq feet along with undivided share and got it registered along with parking area. After registering the same, OPs handed over the physical possession of the flat. When he went to park his car in the parking area SF-1 she was shocked and surprised that somebody had parked their car in the said area and he questioned the said person and she inform that the said parking area was allotted to him. Immediately she contacted the OP and requested him to solve the problem or to arrange for an alternate parking. Thereafter, many a times she approached OPs. They have not solved the problem and she has to park her car exposing to light sun and dust which would not be safe to the car and there is likelihood of the theft of the car as it would not within the safe cover.
4. Inspite of six months after registration of the flat, OPs have not come forward to handover the car parking area marked as SF-1 or providing any other alternate car parking. She had to issue a legal notice which was served on the OP-1, wherein, OP.2 did not receive the same and was returned unclaimed. There is deficiency in service on the part of OPs in not providing the car parking area even though for which they have taken the amount which was included in the sale consideration and hence there is deficiency in service on the part of complaint. Hence the complaint.
5. Upon the service of notice, OP-1 did not appear before the commission and hence placed exparte. Notice sent to OP-2 returned unclaimed and hence the same was considered as due service and as OP-2 was absent, he was also placed exparte.
6. In the order to prove the case, the complainant filed her affidavit evidence and produced documents and arguments heard. The following points arise for our consideration:
1) Whether the complainant has proved deficiency in service on the part of the Opposite Parties?
2) Whether the complainant is entitled to the relief prayed for in the complaint?
7. Our answers to the above points are:-
POINT 1 : In the Affirmative and
POINT 2 : Partly in the Affirmative
For the following.
REASONS
POINT No.1 & 2:-
8. On perusing the complaint, documents, evidence filed by the complainant, it becomes clear that, the complainant is the absolute owner as per Ex. P1 the sale deed executed by OP-2 on behalf of OP-1 also in favour of the complainant in respect of property No. SF-1 in the 2nd floor having a super built up area of 1100 sq. feet with one reserved car parking space in the stilt floor of the multistoried residential building constructed on the schedule A property, described in schedule C of the documents. Ex.P2 is the copy of the legal notice and Ex P3 is the postal acknowledge and postal receipt.
9. When the sworn affidavit along with contents of the complaint are taken into consideration, it becomes clear that OP-1 and 2 sold SF-1 flat along with car parking area in the stilt floor which was not handed over to her to park her car. It is the bounden duty of the OPs to provide parking facilities that too when it has mentioned in the sale deed. Hence we are of the opinion that the act of OPs amounts to unfair trade practice and deficiency in service on its part. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.
POINT NO.2:
10. In view of the aforesaid discussions, OPs are liable to be directed to handover the car parking area as agreed in the sale deed to the complainant within 30 days from the date of receipt of this order besides paying Rs.25,000/- as damages for causing her mental agony and physical hardship and further Rs.10,000/- towards litigation expenses. Hence POINT NO.2 PARTLY IN THE AFFIRMATIVE and we proceed to pass the following:-
ORDER
- The complaint is partly allowed with cost.
- OP-1 and 2 are jointly and severally hereby directed to handover the car parking area/slot No.SF-1 in the apartment known as ‘JABBAR ZIRCON HERITAGE’ apartment as mentioned in the sale deed i.e. Ex P1 to the complainant within 30 days from the date of receipt of this order.
- Further OPs are hereby directed to pay a sum of Rs.25,000/- towards damages and Rs.10,000/- towards litigation expenses.
- OPs are hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
- Send a copy of this order to both parties free of cost.
Note: You are hereby directed to take back the extra copies of the complaints/ version, documents and records filed by you within one month from the date of receipt of this order.
(Dictated to the Stenographer over the computer, typed by him corrected and then pronounced by us in the Open Forum on this 18th DAY OF MARCH 2022)
MEMBER MEMBER PRESIDENT
ANNEXURES
- Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 | Mrs. Noor Fathima – Complainant |
Copies of Documents produced on behalf of Complainant/s:
Ex P1: Copy of the Absolute Sale Deed.
Ex P2: Copy of the Legal Notice.
Ex. P3: Copy of the Postal acknowledgment.
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1: - Nil -
Copies of Documents produced on behalf of Opposite Party/s
- Nil -
MEMBER MEMBER PRESIDENT
RAK*
