CC No.1146.2016

Filed on:22.08.2016

Disposed on:23.10.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 23^rd DAY OF OCTOBER 2018

CONSUMER COMPLAINT NO.1146/2016

PRESENT:                                

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                 V/S

ORDER

BY SMT.L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 22.08.2016 U/s 12 of the Consumer Protection Act, 1986 praying to pass an Order directing the Opposite Party to collect the remaining balance of sale consideration of Rs.2,50,000/- through the monthly installments of Rs.6,000/- and direct that after collecting the entire sale consideration over agreement, the Opposite Party is liable to execute the sale deed over the site No..183, measuring 40 X 60, situated at Nilem City, situated at Doddananjurlu Village, Somanahalli Hobli, Gudibande Taluk, Chickaballapura District in favour of the Complainant and direct the Opposite Party to pay compensation of Rs.50,000/- for the deficiency of service and causing inconvenience and mental agony to the Complainant and direct the Opposite Party to reimburse the cost of this proceedings and pass such other reliefs.    

2.   The brief facts of the complaint as under:

In the complaint, the Complainant submits that the Opposite Party is having the business in the name and style as Nielam Properties Private Limited.That, the Opposite Party has been running a land development business in aforesaid name.On 03.02.2011, the Opposite Party has purchased the conversion lands in survey No.353, extent of 2 Acres 37 Guntas, situated at Doddananjurlu Village, Somanahalli Hobli, Gudibande Taluk, Chickaballapura District, under the registered sale deed document No.GDB-1-01041/2010-11, CD No.GDBD 14, Book-1, in the office of the Sub-registrar, Gudibande.The Opposite Party has formed the residential layout with sanction copy issued by the Department of Town & Country Planning Authority.Subsequently, from the advertisement of Opposite Party, the Complainant was visited the aforementioned property of Opposite Party for verification of development of sites.Thereafter, the Complainant was visited the Opposite Party registered office with intending to buy the site in measuring 40 X 60.That, the Opposite Party has assured to form the site and hand it over the same in favour of the Complainant, with registered sale deed.That, the Complainant has agreed to buy the site No.183 in aforementioned property and he has agreed to pay the demand sale consideration of Rs.6,00,000/-.Inspite of the Complainant and Opposite Party have entered the sale agreement over the site No.183, measuring 40 X 60, which is formed in the aforesaid Opposite Party’s property, on 08.08.2011. That, on sale agreement day, the Complainant has paid of Rs.14,000/- as down payment and on same agreement day, he has further given the amount of Rs.6,000/- as first Month installment, through the cheque bearing No.123530, dated 04.08.2011, ICICI Bank, Mangaluru infavour of Opposite Party.And further, they have mutually agreed that Complainant shall pay the balance sale consideration in monthly installments towards the sale consideration.On the day of sale agreement, the Opposite Party has agreed to execute the sale deed, after the completion of all installments, which is payable by Complainant.From the instructions of the Opposite Party, the Complainant has given the amount of Rs.3,44,000/-, through the installments.That, out of the sale consideration amount of Rs.6,00,000/-, the Opposite Party has received the Rs.3,44,000/- as installments from the Complainant.In the Month of April 2016, the Complainant went to the Opposite Party office for paying an installments, but Opposite Party and his employees have requested the Complainant to receive the installments in the Month of June 2016.After that the Complainant has visited his office, but they have not taken the installments from the Complainant and further the Complainant has requested to return his all installments, which is paid towards the sale consideration.That, the Opposite Party is trying to cheat him and now he is not having any interest to execute the sale agreement terms and conditions over the aforementioned site.After that he has requested Opposite Party in several times to collect the remaining balance and execute the sale deed over the site in favour of Complainant.But, he has not been showing any interest towards the compliance of sale agreement.Hence, this complaint.

3. Even though, notice was served on the Opposite Party, the Opposite Party fails to put their appearance, hence placed ex-parte. 
4.   In support of the complaint, the Complainant has filed his affidavit by way of evidence.  Heard Argument of the Complainant.
5.  The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?

2. If so, to what relief the Complainant is entitled ?

6.  Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7. POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that the Opposite Party is a Developer and he has informed for developing land and township intend to develop the immovable property bearing Sy.No.353 measuring 2 Acre 37 Guntas situated at Doddananjurlu Village, Somanahalli Hobli, Gudibande Taluk, Chikkaballapura District for forming the private layout.  Opposite Party promised to the Complainant that they having absolute right, title, interest over schedule property and further undertake that the schedule property are free from all encumbrances mortgage, lispendences charges court decrees, claims including minor claims etc. The Complainant agreed to purchase 40 X 60 site bearing site No.183 in the project known as “NIELAM City Layout” for a total sale consideration of the site 6 Lakhs which is exclusive of registration and stamp duty.  On 08.08.2011op executed an agreement of sale infavour of Complainant.  As per the terms and conditions of the sale agreement period of 60 months fixed for the payment of monthly installment and after full payment, Opposite Party has to execute the registered sale deed.  To substantiate this fact, the Complainant filed his affidavit, in his sworn testimony, he has reiterated the same and also in support of his sworn testimony, he produced copy of sale agreement, copy of layout plan, copy of passbook, copy of installment receipts.  By looking into these documents, it clearly shows that both the parties have entered into sale agreement on 08.08.2011 and paid Rs.14,000/- as down payment on same day and paid Rs.6,000/- first month installment amount through cheque bearing No.123530 dated 04.08.2011 ICICI Bank Mangalore infavour of Opposite Party.  The Complainant paid installment of Rs.6,000/- p.m upto 31.10.2015.  The Opposite Party acknowledged the receipt for the said amount.   Afterwards Opposite Party refused to collect the installment amount from Complainant.  The Complainant requested Opposite Party to collect remaining installment and execute the sale deed infavour of Complainant.  But Opposite Party never responded for the same.  Then Complainant requested to return his down payment amount and installment amount.  But Opposite Party neither responded nor refund his amount.  Due to deficient act of Opposite Party, Complainant suffered mental agony and financial loss.  This evidence of Complainant remains unchallenged.  Therefore, from the evidence available on record, it clearly goes to shows that the Opposite Party has not rendered good service to the Complainant.  If at all, the Opposite Party rendered good service, Opposite Party ought to have produced relevant evidence, but there is no such evidence.  Therefore, it is proper to accept the contention of the Complainant that Opposite Party neither refund the amount nor execute the sale deed infavour of Complainant.  To disbelieve the version of the Complainant nothing was on record, inspite of repeated request, the Opposite Party never bothered to fulfill the demand of the Complainant.  Thereby, this clearly shows that there is deficiency in service on the part of the Opposite Party. 

 8. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed holding that there is deficiency of service on the part of the Opposite Party.

The Opposite Party is directed to execute the sale deed over the site No.183 measuring 40 X 60 situated in the project known as Nilem City at Doddananjurlu Village, Somanahalli Hobli, Gudibande Taluk, Chickaballapura District infavour of Complainant after collecting remaining balance sale consideration of Rs.2,50,000/-.

The Opposite Party is directed to pay compensation of Rs.50,000/- to the Complainant as compensation for causing mental agony.

The Opposite Party is further directed to pay a sum of Rs.5,000/- as cost of this litigation to the Complainant.

The Opposite Party is directed to comply the order within 45 days from the date of this order.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 23^rd day of October 2018)

        MEMBER                                           PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Krishna Kumar N, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Copy of Sale Deed dated 03.02.2011.
2. Copy of Layout Plan.
3. Copy of Sale Agreement dated 08.08.2011.
4. Copy of Complainant’s instalment passbook.
5. Copies of instalments of receipts.

Witness examined on behalf of the Opposite Parties:

                             Nil

List of documents filed by the Respondent:

                             Nil

MEMBER                                                             PRESIDENT