COMPLAINT FILED:31.01.2009 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 29th AUGUST 2009<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.286/2009<br /> <br /> <br /> COMPLAINANT Agradoot Ghatak,<br /> S/o Sri Shruti Ranjan Ghata,<br /> Presently Residing at 105B<br /> Garudadri Springs,<br /> Yellachenahalli Post,<br /> Kanakapura Main Road,<br /> Next to JC Industrial Area,<br /> Bangalore – 560 078.<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. M/s Sai Engineers Associate,<br /> No.18, 2nd Floor, 5th Cross, <br /> 24th Main, Manjunatha Colony,<br /> JP Nagar, 2nd Phase, <br /> Bangalore – 560 078.<br /> <br /> Rep: by its Managing Parter,<br /> A) Sri P. Ashok Kumar,<br /> S/o Sri P.Venkaiah, <br /> Flat No.A, 3rd Floor, <br /> Comfort Residency,<br /> No.21/1, 15th Main, <br /> Jayanagar 3rd Block East,<br /> Bangalore – 560 011. <br /> <br /> B) Sri. A Praveen<br /> S/o Sri P.Venkataswamy, <br /> Flat No.301, 3rd Floor, <br /> Comfort Residency II,<br /> No.21, 16th Main, <br /> Jayanagar 3rd Block East,<br /> Bangalore – 560 011. <br /> <br /> Advocate: Sri. C.Venkatesha<br /> <br /> <br /> 2. Active Properties & Estates<br /> (Bangalore) Pvt. Ltd.,<br /> #14-17, G-02, <br /> Oakview Apartments,<br /> Haudin Road, <br /> Bangalore – 560 042.<br /> Rep: by its Director <br /> Mr. I.R.Ibrahim.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to complete all the pending works within 15 days and pay a compensation of Rs.5,00,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> 2. The brief averments, as could be seen from the contents of the complaint, are as under.<br /> <br /> 3. Complainant being lured away with the advertisement, propaganda and publicity issued by the OP who claims to be the promoters and builders of multistoried apartments in the name and style of ‘Garudadri Springs’ thought of purchasing a plot of his choice. OP agreed to sell plot No.304 in B block. Complainant made payment of the entire cost of the plot i.e. Rs.35,35,000/-. A sale agreement came to be executed. Where in OP promised to complete the said project on or before 31.10.2008 and register the plot and put him in possession. But thereafter some how OP failed to keep up its promise. On insistence OP accommodated the complainant in the plot 105-B till completion of construction of his plot. Thereafter also OP failed to complete the construction even after a lapse of a year. There is a pending work with regard to painting, plastering, wood work, flooring etc as noted in Annexure-C. The repeated requests and demands made by the complainant to OP to attend to the said defects went in futile. Though complainant invested his hard earned money he is unable to reap the fruits of his investment because of the hostile attitude of the OP. Thus complainant felt both unfair trade practice and the deficiency in service on the part of the OP. Under such circumstances he is advised to file this complaint.<br /> <br /> 4. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP they have completed the said plot as per the agreement and executed the sale deed. Some how complainant is not in a hurry to occupy the said plot he wanted some alternative arrangements hence on humanitarian grounds OP allowed him to stay in plot 105-B. Not only that the complainant took a financial assistance to the tune of Rs.2,50,000/- to make some alterations in his plot on his own and also agreed to pay Rs.10,000/- rent and maintenance charges of Rs.1,000/- per month. When OP insisted the complainant to refund of Rs.2,50,000/- and pay the rent and maintenance charges now he has come up with this false and frivolous compliant. In the construction there is no defect or damage nor the work is of low quality as alleged. OP has suitable replied the legal notice caused by the complainant. The photographs produced by the complainant are manipulated and do not pertains to disputed plot 304. The other allegations are baseless and complainant is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint. <br /> <br /> 5. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 6. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No.1 :- Whether the complainant has proved <br /> the deficiency in service on the part of<br /> the OP?<br /> <br /> Point No.2 :- If so, whether the complainant is entitled <br /> for the relief now claimed?<br /> <br /> Point No.3 :- To what Order?<br /> <br /> 7. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 8. At the outset it is not at dispute that the complainant intended to purchase a plot No.304 in the multi-storied apartments to be built by the OP in the name and style ‘Garudadri Springs’ and paid Rs.35,35,000/-. OP allotted a plot 304 and promised to complete the construction in all respect and register it and put him in possession on or before 31.10.2008. But thereafter some how OP failed to complete of the said project in time. Though complainant made repeated request and demands to OP to complete the pending work it went in futile. OP did execute sale with respect to the said plot. But failed to attend to the un attended work and the material used is of low quality, sanitary connection etc are not given till today. Hence he felt deficiency in service.<br /> <br /> 9. It is further contended by the complainant that as the OP failed to complete his plot as promised hence he was put in another plot No.105-B. There was no agreement to pay rent or maintenance charges it is an alternative arrangements made by the OP on its own, till they complete the construction of the plot 304. Hence the demand made by the OP towards the rent and maintenance charges is arbitrarily and illegal. <br /> <br /> 10. As against this it is contended by the OP that complainant was not in a hurry to take possession of his plot which ready for occupation in all respect but he wanted some minor changes. Hence requested the OP to put him temporarily in some other plot that is why OP accommodated him in plot No.105-B subject to the condition that he should pay a rent of Rs.10,000/- per month and Rs.1,000/ towards maintenance charges. For this contention basically there is no proof, no agreement is coming forth. It is further contended by the OP that complainant took financial assistance of Rs.2,50,000/- to meet out the expenses with regard to some alteration to be carried out in his plot. We do not think in the ordinary course of time OP will give a loan of such a huge amount like Rs.2,50,000/- to its customer. In addition to there is no proof that such an amount is actually given to the complainant. <br /> <br /> 11. The whole of the defence of OP appears to be defence for defence sake. When the complainant has alleged the deficiency in construction of the said plot that too with regard to painting, plastering, wood works, flooring and sanitary connection etc. If OP would is so sure about the construction as per the terms of agreement and specification, with all fairness it would have got appointed a technically qualified person as a court commissioner to inspect and investigate the disputed property. No such steps are taken. Hence the defence of the OP that they have completed the construction as per the specification and agreement rather cannot be believed. If the OP is of the view that photographs produced by the complainant are manipulated and does not refer to the disputed that in question again nothing prevented the OP to take the photos as on today to show that as on today there is no defect in the construction of the flat. <br /> <br /> 12. Complainant being fed up with the hostile attitude of the OP even lodged the complaint to the police. Again there was no response. Due to the hostile attitude of the OP complainant is unable to reap the fruits of his investment in purchasing the said plot. The evidence of the complainant which finds full corroboration with the contents of the undisputed documents, appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. As against this unimpeachable evidence of the complainant the defence set out by the OP appears to be defence for defence sake just to shirk their obligations and responsibility. The approach of the OP does not appears to fair and honest. We are satisfied that the complainant is able to prove both unfair trade practice and deficiency in service against the OP. Hence he is entitled for certain reliefs. Accordingly we answer point Nos.1 and 2 and proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to attend the un attended work as noted is Annexure-C produced by the complainant, complete the work to the satisfaction of the complainant including providing sanitary connection, flooring etc within two months from the date of communication of this order at its cost and hand over the possession of the said plot by completing all the pending works as per agreement and specification. <br /> <br /> In view of the nature of dispute, no order as to costs. <br /> <br /> (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 29th day of August 2009.) <br /> <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> s.n.m. <br /> <br />