Omkara Builders And Developers. V/S Sri. Ragothama Rao. - Consumer Court Case

Karnataka

Bangalore Urban

CC/10/1311

Sri. Ragothama Rao. - Complainant(s)

Versus

Omkara Builders And Developers. - Opp.Party(s)

A.N. Hegde

16 Jun 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/10/1311

Sri. Ragothama Rao.						...........Appellant(s)
Vs.
Omkara Builders And Developers. Raghu. R.S. Vishwanath . T.V.						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

COMPLAINT FILED: 11-06-2010 DISPOSED ON: 26-08-2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 26TH AUGUST 2010 PRESENT :-SRI. B.S.REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.A.MUNIYAPPA MEMBER COMPLAINT NOs. 1309. 1310, 1311, 1312, 1313, 1314, & 1315/2010 COMPLAINT NO.1309/10 COMPLAINANT Mrs. Vani G. Hegde, W/o Gajajana Hegde, Aged about 30 years, R/at No.1/1, Laxmi Traders, Ranganna Building, 1st Floor, Uttarahalli bus stop, Bangalore 560 062. COMPLAINT NO.1310/10 COMPLAINANT Mr. Mallikarjun, S/o Basavarajappa, Aged about 34 years, C/o Veeresh Medical and General Stores, 2nd Cross, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1311/10 COMPLAINANT Sri Ragothama Rao, S/o T K Ramarao, R/at No. B 129, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1312/10 COMPLAINANT Mr G Ramachandran, S/o N K Ganesh, Aged about 50 years, R/at No. B 76, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1313/10 COMPLAINANT Mrs Pooja B K, W/o Mahesh, Aged about 29 years, R/at 610, K R Puram, Hassan-573 201. COMPLAINT NO.1314/10 COMPLAINANT Mr Sudarashan Reddy, S/o Shankar Reddy, Aged about 52 years, R/at TB 65, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1315/10 COMPLAINANT Smt Laxmi, W/o Late Upasini, R/at T-62, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. Advocate Sri. A.N.Hegde V/s. OPPOSITE PARTIES 1. Omkara Builders and Developers, No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Rept. by Its Director, 2. Raghu R.S No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Director-I 3. Vishwanath G.V. No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Director-II Ex-parte O R D E R SRI. B.S.REDDY, PRESIDENT All these complaints are filed u/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite parties (herein referred as OPs) to execute sale deed in respect of the plots or to refund the amount paid with interest at 24% p.a. and pay to the compensation of Rs.50,000/- to each of the complainants for mental agony and inconvenience, on the allegations of deficiency in service. OPs are common, the question involved and relief claimed being the same, in the interest of justice in order to avoid the repetition of facts and multiplicity of reasonings, these cases stand disposed of by this common order. 2. The brief averments, as could be seen from the contents of each one of the complaint are as under; OPs are land developers and builders, engaged in the business of land development in and around Bangalore. OPs represented that they are having land near Kumbiganahalli Village, Jangamakote Hobli, Shidlagatta Taluk, Kolar Dist (Presently Chickaballapur Dist). The complainants believing the representations of OPs agreed to purchase the sites to be formed in the said land and paid advance sale consideration to the OPs and obtained receipts. OPs agreed to execute the sale deed within six months from the date of receipt of the second advance amount. OPs postponed the registration of the sale deed on the ground that the land has not been converted and layout has not been approved. OPs executed agreement deeds in respect of sites situated OMKAR RESIDENCY Project with an undertaking to complete the developmental work within six months from the date of second payment. OPs failed to execute sale deed on one or other pretext without any valid reason. The complainants felt deficiency in service on the part of the OPs. Hence approached seeking the necessary reliefs stated above. The details of advance amount paid, date of agreement deeds, plot No, receipt no, amount claimed is noted in the below mentioned chart for convenience sake. Sl. No. Complaint No. Plot No. Date of Agreement Receipt No. and date Amount claimed 1 1309/10 201 20.10.08 1036 03.09.08 1048 20.10.08 75,000 52,750 1,27,750 2 1310/10 152 30.06.08 041 05.06.08 056 23.06.08 1,00,000 80,000 1,80,000 3 1311/10 21 11.01.09 002 12.04.08 133 11.01.09 50,000 95,000 1,45,000 4 1312/10 03 -- 047 13.06.08 75,000 5 1313/10 22 11.07.08 024 23.05.08 1,80,000 6 1314/10 16 -- 025 23.05.08 50,000 7 1315/10 28 -- 005 26.04.08 50,000 3. Though each one of these complainants paid huge amount towards sital value in the year 2008 but they were unable to reap the fruits of their investment because hostile attitude of the OPs. The complainants requested OPs repeatedly to register the sites but OPs were unable to fulfill its obligations as such the complainants were advised to file these complaints. 4. Inspite of service of notice OPs failed to appear, hence placed ex-parte. 5. In order to substantiate the complaint averments, complainants filed their affidavit evidence and produced documents. Arguments heard from complainants side. 6. We have gone through the pleadings, affidavit and documentary evidence produced by the complainants. The evidence of the complainants appears to be very much natural, cogent and consistent. There is nothing to discard their sworn testimony, which finds full corroboration with the contents of the undisputed documents. After going through the entire materials on record it becomes clear that on the representation of the OPs that they are forming the layout in land survey No.91/2 of Kumbiganahalli Village, known as OMKAR RESIDENCY Project, Complainants paid the advance amount for purchasing the sites and obtained the agreement deeds. OPs while executing agreement deeds acknowledged the receipt of advance sale consideration. OPs failed to form the layout as promised and executed sale deeds. OPs have not taken any steps to get the land proposed for layout, converted to non agricultural purpose. In view of the same OPs could not form layout and execute register sale deeds. The same amounts to deficiency in service on the part of the OPs. OPs wrongfully retained the advance amount paid thereby accrued wrongful gain to themselves and caused wrongful loss to the complainants. The very fact of OPs having remained ex-parte leads to draw inference that OPs are admitting the contents of the complaints. Accordingly we proceed to pass the following: ORDER The complaints filed by the complainants are allowed in part. 1. In complaint No.1309/2010 OPs are directed to refund an amount of Rs.1,27,750/- to the complainant with interest at 9% p.a. from 20.10.2008 till the date of realization with litigation cost of Rs.1,000/-. 2. In complaint No.1310/2010 OPs are directed to refund an amount of Rs.1,80,000/- to the complainant with interest at 9% p.a. from 23.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 3. In complaint No.1311/2010 OPs are directed to refund an amount of Rs.1,45,000/- to the complainant with interest at 9% p.a. from 11.01.2009 till the date of realization with litigation cost of Rs.1,000/-. 4. In complaint No.1312/2010 OPs are directed to refund an amount of Rs.75,000/- to the complainant with interest at 9% p.a. from 13.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 5. In complaint No.1313/2010 OPs are directed to refund an amount of Rs.1,80,000/- to the complainant with interest at 9% p.a. from 23.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 6. In complaint No.1314/2010 OPs are directed to refund an amount of Rs.50,000/- to the complainant with interest at 9% p.a. from 23.05.2008 till the date of realization with litigation cost of Rs.1,000/-. 7. In complaint No.1315/2010 OPs are directed to refund an amount of Rs.50,000/- to the complainant with interest at 9% p.a. from 26.04.2008 till the date of realization with litigation cost of Rs.1,000/-. This order is to be complied within four weeks from the date of its communication. This original order shall be kept in the file of the complaint No.1309/10 and copy of it shall be placed in other respective files. (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 25th day of August 2010.) PRESIDENT MEMBER MEMBER gm.

COMPLAINT FILED: 11-06-2010 DISPOSED ON: 26-08-2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 26TH AUGUST 2010 PRESENT :-SRI. B.S.REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.A.MUNIYAPPA MEMBER COMPLAINT NOs. 1309. 1310, 1311, 1312, 1313, 1314, & 1315/2010 COMPLAINT NO.1309/10 COMPLAINANT Mrs. Vani G. Hegde, W/o Gajajana Hegde, Aged about 30 years, R/at No.1/1, Laxmi Traders, Ranganna Building, 1st Floor, Uttarahalli bus stop, Bangalore 560 062. COMPLAINT NO.1310/10 COMPLAINANT Mr. Mallikarjun, S/o Basavarajappa, Aged about 34 years, C/o Veeresh Medical and General Stores, 2nd Cross, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1311/10 COMPLAINANT Sri Ragothama Rao, S/o T K Ramarao, R/at No. B 129, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1312/10 COMPLAINANT Mr G Ramachandran, S/o N K Ganesh, Aged about 50 years, R/at No. B 76, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1313/10 COMPLAINANT Mrs Pooja B K, W/o Mahesh, Aged about 29 years, R/at 610, K R Puram, Hassan-573 201. COMPLAINT NO.1314/10 COMPLAINANT Mr Sudarashan Reddy, S/o Shankar Reddy, Aged about 52 years, R/at TB 65, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. COMPLAINT NO.1315/10 COMPLAINANT Smt Laxmi, W/o Late Upasini, R/at T-62, RTPS Colony, K P C, Shakthi Nagar, Raichur-584 170. Advocate Sri. A.N.Hegde V/s. OPPOSITE PARTIES 1. Omkara Builders and Developers, No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Rept. by Its Director, 2. Raghu R.S No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Director-I 3. Vishwanath G.V. No.1819, First Floor, 41st Cross, 9th Block, Jayanagar, Bangalore-560 069. Director-II Ex-parte O R D E R SRI. B.S.REDDY, PRESIDENT All these complaints are filed u/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite parties (herein referred as OPs) to execute sale deed in respect of the plots or to refund the amount paid with interest at 24% p.a. and pay to the compensation of Rs.50,000/- to each of the complainants for mental agony and inconvenience, on the allegations of deficiency in service. OPs are common, the question involved and relief claimed being the same, in the interest of justice in order to avoid the repetition of facts and multiplicity of reasonings, these cases stand disposed of by this common order. 2. The brief averments, as could be seen from the contents of each one of the complaint are as under; OPs are land developers and builders, engaged in the business of land development in and around Bangalore. OPs represented that they are having land near Kumbiganahalli Village, Jangamakote Hobli, Shidlagatta Taluk, Kolar Dist (Presently Chickaballapur Dist). The complainants believing the representations of OPs agreed to purchase the sites to be formed in the said land and paid advance sale consideration to the OPs and obtained receipts. OPs agreed to execute the sale deed within six months from the date of receipt of the second advance amount. OPs postponed the registration of the sale deed on the ground that the land has not been converted and layout has not been approved. OPs executed agreement deeds in respect of sites situated OMKAR RESIDENCY Project with an undertaking to complete the developmental work within six months from the date of second payment. OPs failed to execute sale deed on one or other pretext without any valid reason. The complainants felt deficiency in service on the part of the OPs. Hence approached seeking the necessary reliefs stated above. The details of advance amount paid, date of agreement deeds, plot No, receipt no, amount claimed is noted in the below mentioned chart for convenience sake. Sl. No. Complaint No. Plot No. Date of Agreement Receipt No. and date Amount claimed 1 1309/10 201 20.10.08 1036 03.09.08 1048 20.10.08 75,000 52,750 1,27,750 2 1310/10 152 30.06.08 041 05.06.08 056 23.06.08 1,00,000 80,000 1,80,000 3 1311/10 21 11.01.09 002 12.04.08 133 11.01.09 50,000 95,000 1,45,000 4 1312/10 03 -- 047 13.06.08 75,000 5 1313/10 22 11.07.08 024 23.05.08 1,80,000 6 1314/10 16 -- 025 23.05.08 50,000 7 1315/10 28 -- 005 26.04.08 50,000 3. Though each one of these complainants paid huge amount towards sital value in the year 2008 but they were unable to reap the fruits of their investment because hostile attitude of the OPs. The complainants requested OPs repeatedly to register the sites but OPs were unable to fulfill its obligations as such the complainants were advised to file these complaints. 4. Inspite of service of notice OPs failed to appear, hence placed ex-parte. 5. In order to substantiate the complaint averments, complainants filed their affidavit evidence and produced documents. Arguments heard from complainants side. 6. We have gone through the pleadings, affidavit and documentary evidence produced by the complainants. The evidence of the complainants appears to be very much natural, cogent and consistent. There is nothing to discard their sworn testimony, which finds full corroboration with the contents of the undisputed documents. After going through the entire materials on record it becomes clear that on the representation of the OPs that they are forming the layout in land survey No.91/2 of Kumbiganahalli Village, known as OMKAR RESIDENCY Project, Complainants paid the advance amount for purchasing the sites and obtained the agreement deeds. OPs while executing agreement deeds acknowledged the receipt of advance sale consideration. OPs failed to form the layout as promised and executed sale deeds. OPs have not taken any steps to get the land proposed for layout, converted to non agricultural purpose. In view of the same OPs could not form layout and execute register sale deeds. The same amounts to deficiency in service on the part of the OPs. OPs wrongfully retained the advance amount paid thereby accrued wrongful gain to themselves and caused wrongful loss to the complainants. The very fact of OPs having remained ex-parte leads to draw inference that OPs are admitting the contents of the complaints. Accordingly we proceed to pass the following: ORDER The complaints filed by the complainants are allowed in part. 1. In complaint No.1309/2010 OPs are directed to refund an amount of Rs.1,27,750/- to the complainant with interest at 9% p.a. from 20.10.2008 till the date of realization with litigation cost of Rs.1,000/-. 2. In complaint No.1310/2010 OPs are directed to refund an amount of Rs.1,80,000/- to the complainant with interest at 9% p.a. from 23.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 3. In complaint No.1311/2010 OPs are directed to refund an amount of Rs.1,45,000/- to the complainant with interest at 9% p.a. from 11.01.2009 till the date of realization with litigation cost of Rs.1,000/-. 4. In complaint No.1312/2010 OPs are directed to refund an amount of Rs.75,000/- to the complainant with interest at 9% p.a. from 13.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 5. In complaint No.1313/2010 OPs are directed to refund an amount of Rs.1,80,000/- to the complainant with interest at 9% p.a. from 23.06.2008 till the date of realization with litigation cost of Rs.1,000/-. 6. In complaint No.1314/2010 OPs are directed to refund an amount of Rs.50,000/- to the complainant with interest at 9% p.a. from 23.05.2008 till the date of realization with litigation cost of Rs.1,000/-. 7. In complaint No.1315/2010 OPs are directed to refund an amount of Rs.50,000/- to the complainant with interest at 9% p.a. from 26.04.2008 till the date of realization with litigation cost of Rs.1,000/-. This order is to be complied within four weeks from the date of its communication. This original order shall be kept in the file of the complaint No.1309/10 and copy of it shall be placed in other respective files. (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 25th day of August 2010.) PRESIDENT MEMBER MEMBER gm.