Karnataka

Belgaum

CC/293/2016

Ramesh R Deshpande - Complainant(s)

Versus

Shrinivas A Naidu - Opp.Party(s)

S T Kuchanure

21 Jun 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 21 June 2017

Complaint No. 293/2016

 

Present:              1)      Shri.B.V.Gudli,                       President  

2)      Smt. Sunita,                           Member

-***-

Complainant/s:          Dr.Ramesh Ravindra Deshpande,

Age:39 years, Occ: Medical Practitioner,

R/o. “Usha”, 426/A, II Cross, Bhagya Nagar, Belagavi.

 

(By Sri.S.T.Kuchanure, Advocate)

 

V/s.

                                                                     

Opponent/s:      1.      Shrinivas A.Naidu,

Age:major, Occ: Business,

Managing Partner of

M/s.Brindavana City,

CTS No.5852, 1^st Floor, Arjun Empire,

Congress Road, Belagavi.

 

2.      Veerangouda G.Bijwad,

Age:major, Occ: Business,

Managing Partner of

M/s.Brindavana City,

CTS No.5852, 1^st Floor, Arjun Empire,

Congress Road, Belagavi.

 

 

3.      Ramesh S.Idagal,

Age:major, Occ: Business,

Managing Partner of

M/s.Brindavana City,

CTS No.5852, 1^st Floor, Arjun Empire,

Congress Road, Belagavi.

 

(By Sri.N.N.Badavannavar, Advocate)

 

 (Order dictated by Smt.Sunita, Member)

 

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service in not  performing their part of contract within the agreed period and non refunding the amount of plot no.126 and 127.

          2) The O.P.1 to 3 appeared through their counsel & filed written version & affidavit.

           3) In support of the claim of the complaint, the complainant has filed his affidavit and produced some documents.  

4) We have also heard of complainant and OPs arguments is taken as heard on 20.06.2017 and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of O.Ps & entitled to the reliefs sought?

          6) Our finding on the point is in partly affirmative, for the following reasons.

:: R E A S O N S ::

            7)       On perusal of allegations of the complaint and affidavit of complainant, the OPs.1 to 3 have offered to sell the Plot No.125, 126 & 127 in Brindavan City layout at Sy.No.24, 31, 315,316, 42/11, 38 at Wagawade village, Belagavi measuring 1500 sq.ft. each & after negotiations the OPs have entered into agreements of sale with complainant pertaining to the above mentioned plots within the boundaries mentioned in the  said agreements of sale dt.08.02.2013 for the total sale consideration amount of Rs.5,70,000/- each. Further, on the date of execution of the sale agreements the complainant has paid an amount of Rs.1,99,500/- for each plots towards part of total sale consideration amount, through cheque bearing No.005068 drawn on Central Bank to OPs. But the OPs have failed to perform their part of contract within the agreed period as per clause no.13 of the sale agreements, inspite of several requests made by complainant. Further, the OPs have refunded the amount to the complainant pertaining to Plot No.125 & assured to refund the remaining amount of 2 plots bearing Plot No.126 and Plot No.127 within a short period and subsequently failed to comply the same. Thereafter, the complainant got issued legal notice to OPs on 30.03.2016 through his counsel calling upon OPs to refund earnest money of Rs.1,99,500/- each covered under the sale agreements with compensation & interest. The said notice was duly served on OPs on 31.03.2016, but OPs neither complied with the said notice nor made payment. Hence the complainant is constrained to file this complaint against OPs. 

8)      On perusal of contents of objections filed by OPs, the OPs have denied the allegations of the complaint but admitted the facts regarding entering into sale agreements of plots, payment of amount Rs.1,99,500/- for each plot by the complainant. Further the OPs.1 to 3 contended that, the present complaint is filed after 3 years 1 month, hence complaint is barred by limitation. The complainant has not made “Brindavan City” firm as a party to the proceedings. Hence prays for dismissal of the complaint with cost.

9)      On perusal of the complaint averments and objections filed by OPs, the OPs have entered into agreements of sale with complainant pertaining to the plots within the boundaries mentioned in the  said agreements of sale dt.08.02.2013 for the total sale consideration amount of Rs.5,70,000/- each. Further, on the date of execution of the sale agreements the complainant has paid an amount of Rs.1,99,500/- for each plots towards part of total sale consideration amount, through cheque bearing No.005068 drawn on Central Bank to OPs & denied all other allegations of the complainant.  

10)    The OPs specifically contended in their objections that, the present complaint is filed after 3 years 1 month, hence complaint is barred by limitation. On perusal of affidavit, documents and discussion, we are of the opinion that, the cause of action starts from February 2015, because the OPs themselves have failed to convert the land into NA within 2 years from the date of sale agreements, as per clause.13 of the sale agreements and the complainant issued the legal notice to the OPs on 30.03.2016 and the same was served on OPs on 31.03.2016, but inspite of service of notice the OPs neither complied with the said notice nor made payments covered under said sale agreements. Hence the cause of action is recurring one. Hence OPs are liable to refund the amount paid by the complainant towards plot no.126 and 127.

11)    Accordingly the following

ORDER

          The complaint filed by the complainant is allowed in part. The OP.1 to 3 are jointly and severally hereby directed and liable to refund Rs.3,99,000/- under sale agreements towards plot no.126 and 127 from 08.02.2013 with interest @8% p.a. till realization of the entire amount.

          Further the OPs. 1 to 3 are jointly and severally hereby directed and liable to pay Rs.3,000/- as compensation and Rs.2,000/- as cost of the proceedings to the complainant.

The order shall be complied within 30 days from today.

 (Order dictated, corrected and then pronounced in the open Forum on: 21 June 2017)

 

 

 

MSR