| Final Order / Judgement | Complaints Filed on:01.01.2016, 04.01.2016 & 05.01.2016 | Disposed On:27.06.2016 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN 27th DAY OF JUNE 2016 PRESENT:- | SRI. P.V SINGRI | PRESIDENT | | SMT. M. YASHODHAMMA | MEMBER | | SMT. P.K SHANTHA | MEMBER |
COMPLAINT Nos.01/2016, 02/2016, 03/2016, 04/2016, 06/2016, 08/2016, 09/2016, 12/2016, 13/2016 & 27/2016. |
COMPLAINT No.1/2016 COMPLAINANT | Smt.Priti Sureka, Aged about 35 years, W/o B.Sureka, Purva Hights, Bannerghatta Main Road, Flat no.A1106, Bangalore-76. | COMPLAINT No.2/2016 COMPLAINANT | Smt.Ritu Sharma, Aged about 37 years, W/o Anil Sharma, Purva Hights, Bannerghatta Main Road, Flat no.A1106, Bangalore-76. | COMPLAINT No.3/2016 COMPLAINANT | Sri.Mohit Agrawal, Aged about 45 years, S/o Amar Nath Agarwal, R/at Flat No.1804, A Wing, RNA Royale Park, M.G Road, Kandivali (West), Mumbai – 400067. & Bhawana Agarwal, Aged about 39 years, W/o Mohit Agrawal, R/at Flat No.1804, A Wing, RNA Royale Park, M.G Road, Kandivali (West), Mumbai – 400067. | COMPLAINT No.4/2016 COMPLAINANT | Sri.Pranav Sureka, Aged about 38 years, S/o K.C Sureka, Purva Hights, Bannerghatta Main Road, Flat no.A1106, Bangalore-76. | COMPLAINT No.6/2016 COMPLAINANT | Sri.Sanjeev Kumar Agarwal, Aged about 40 years, S/o Murari Agarwal, R/at Flat No.1805, D Wing, Orchid Suburbia Link Road, Kandivali (West) Mumbai – 400067 & Mona Agarwal, Aged about 36 years, W/o Sanjeev Kumar Agarwal, R/at Flat No.1805, D Wing, Orchid Suburbia Link Road, Kandivali (West) Mumbai – 400067. | COMPLAINT No.8/2016 COMPLAINANT | Sri.Mohit Agrawal, Aged about 45 years, S/o Amar Nath Agarwal, R/at Flat No.1804, A Wing, RNA Royale Park, M.G Road, Kandivali (West), Mumbai – 400067. & Bhawana Agarwal, Aged about 39 years, W/o Mohit Agrawal, R/at Flat No.1804, A Wing, RNA Royale Park, M.G Road, Kandivali (West), Mumbai – 400067. | COMPLAINT No.9/2016 COMPLAINANT | Sri.Vikash Kumar Khetan, Aged about 31 years, S/o Arun Kumar Khetan, M-501, Roystonea Apartment, Magarpatta City, Pune-411013, Maharashtra & Sneha Khetan, Aged about 31 years, W/o Vikash Kumar Khetan, M-501, Roystonea Apartment, Magarpatta City, Pune-411013, Maharashtra. | COMPLAINT No.12/2016 COMPLAINANT | Sri.Sanjay Agarwal, Aged about 41 years, S/o Murari Agarwal, House No.51, Link Road, Opposite Lane No.5, Silchar – 788005, Assam & Sangita Agarwal, Aged about 38 years, W/o Sanjay Agarwal, House No.51, Link Road, Opposite Lane No.5, Silchar – 788005, Assam. | COMPLAINT No.13/2016 COMPLAINANT | Ashok Kumar North, Aged about 65 years, S/o Late Shri P. North, R/at No.214, C.P Mission Compound, Jhansi, U.P – 284001. GPA holder Sri.Neelesh Arnold Eusebius. | COMPLAINT No.27/2016 COMPLAINANT | Sri.Sanjay Kumar Goel, Aged about 40 years, S/o Late Rajendra Agarwala, Flat No.E-1004, Sterling Terraces, 100 ft Ring Road, BSK 3rd Stage, Bangalore-85. Advocate – Sri.N.Manohar. V/s. | OPPOSITE PARTy | M/s Skyline Constructions & Housing (P) Ltd., No.11, Hayes Road, Richmond Circle, Bangalore-560 025, Represented by its Director, Sri.Dhiraj Prabhu. |
O R D E R SRI. P.V SINGRI, PRESIDENT All these complaints have been filed by these complainants against one and the same OP with similar prayers and issues involved in all these complaints are one and the same. Therefore, all these complaints have been taken up together for disposal under this common order. 2. The complainants have filed these complaints U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund them the advance amount paid towards the purchase of the Flat together with interest and compensation of Rs.25,000/- and litigation cost. 3. The brief averments made in all these complaints are as under: The OP is engaged in real estate business and development of properties so also construction of apartments at Bangalore. The complainants attracted by the advertisements of the OP decided to purchase an apartment each in the project proposed to be constructed by the OP under the name and style “Skyline Exaltus”. The complainants together paid a total sum of Rs.88,68,707/- to the OP as advance amount towards purchase of apartment for each one of them. Each of the complainants have paid the amount mentioned below towards purchase of apartment as advance. Sl
No. | Complaint No. | Complainant Name | Total advance amount paid | Date | Receipt Number | 1) | 01/2016 | Priti Sureka | Rs.1,00,000/- Rs.1,61,875/- | 02.03.2012 04.04.2012 | 2787 3073 | Rs.2,61,875/- | 2) | 02/2016 | Ritu Sharma | Rs.1,00,000/- Rs.1,61,875/- | 22.03.2012 22.03.2012 | 2885 2886 | Rs.2,61,875/- | 3) | 03/2016 | Mohit Agrawal & Bhawana Agarwal | Rs.1,75,640/- Rs.1,00,000/- | 12.01.2013 23.11.2012 | 3681 3571 | Rs.2,75,640/- | 4) | 04/2016 | Pranav Sureka | Rs.1,00,000/- Rs.1,61,875/- | 24.03.2012 04.04.2012 | 2933 3075 | Rs.2,61,875/- | 5) | 06/2016 | Sanjeev Kumar Agarwal & Mona Agarwal | Rs.3,82,250/- | - | - | 6) | 08/2016 | Mohit Agrawal & Bhawana Agarwal | Rs.3,01,400/- Rs.1,00,000/- Rs. 7,680/- | 21.09.2012 28.07.2012 02.01.2013 | 3462 3388 3631 | Rs,4,09,080/- | 7) | 09/2016 | Vikash Kumar Khetan & Sneha Khetan | Rs.2,78,000/- | - | - | 8) | 12/2016 | Sanjay Agarwal & Sangita Agarwal | Rs.4,24,080/- | - | - | 9) | 13/2016 | Ashok Kumar North | Rs.3,82,250/- | - | - | 10) | 27/2016 | Sanjay Kumar Goel | Rs.4,06,550/- | - | - |
It was agreed between the complainants and OP that the second instalment was to be paid immediately after the commencement of the construction of the project. However, the OP failed to commence the construction of the project till the date of filing the complaint from the date of receipt of advance amount in the year 2012. The OP is not serious about the construction of the apartment as promised and also failed to refund the advance amount received by the complainant with interest despite the complainant’s interaction with the OP and also e-mails requesting for resolving the issue amicably but all their efforts failed. Finally the complainants got issued legal notice dated 20.05.2015 to the OP calling upon to refund the advance amount received from each of them together with interest @ 24% p.a within 15 days from the date of receipt of the notice. However, the OP failed to respond to the notice despite service. The complainants having waited for the OP to refund the amount finally decided to approach this Forum for relief. For the aforesaid reasons, the complainants pray for refund of advance amount paid to OP towards purchase of the Flat together with interest @ 24% p.a, compensation of Rs.25,000/- with cost of litigation. 4. Despite service of notice, OP failed to appear and contest the complaint and therefore was placed ex-parte. Thereafter the complainants were called upon to submit their evidence by way of affidavit and accordingly each of the complainants submitted their affidavit evidence reiterating the allegations made in the complaints. The complainants have also produced the copies of the receipts issued by the OP for having received advance amount from the complainants. 5. Perused the allegations made in the complaint and the sworn testimony of the complainants. Also perused the copies of the receipts issued by the OP for having received advance amount from each one of the complainants. 6. The allegations made in the complaint coupled with sworn testimony of the complainants, copies of receipts goes to establish that each of the complainants attracted by various advertisements by OP, decided to purchase a apartment each in a project undertaken by the OP in the name and style “Skyline Exaltus” and paid advance amount towards the purchase of the apartment as mentioned above. The OP having received a total advance amount of Rs.88,68,707/- from the complainants and others failed to commence construction of the said residential complex even after 3 years from the date of receipt of advance amount, without there being any valid cause. Therefore, the complainants have demanded the OP to refund the advance amount together with interest. However, OP has failed to refund the advance amount. The complainants having no other option have approached this Forum with a prayer to direct the OP to refund advance amount received from each of them together with interest @ 24% p.a. 7. We do not have any reasons to disbelieve the allegations made in the complaints and the sworn testimony of the complainants supported by relevant documents. OP despite service of notice failed the contest the complaint by filing his version and affidavit evidence. The complainants are successful in proving the deficiency of service on the part of OP. Therefore, OP has to be directed to refund the advance amount received from each one of the complainants together with interest @ 18% p.a from the date of actual receipt till the date of realization. Further the conduct of OP in not commencing the construction of the project and also in not refunding the advance amount must have put each of the complainants to great inconvenience, hardship and mental agony. Therefore, the OP has to be directed to pay compensation of Rs.10,000/- to each of the complainants together with litigation cost of Rs.2,000/-. 8. In the result, we proceed to pass the following: O R D E R The complaints filed by the complainants U/s.12 of the Consumer Protection Act, 1986 are allowed in part. The OP in complaint No.1/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.2/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.3/2016 is directed to refund advance amount of Rs.2,75,640/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.4/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.6/2016 is directed to refund advance amount of Rs.3,82,250/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.8/2016 is directed to refund advance amount of Rs.4,09,080/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.9/2016 is directed to refund advance amount of Rs.2,78,000/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.12/2016 is directed to refund advance amount of Rs.4,24,080/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.13/2016 is directed to refund advance amount of Rs.3,82,250/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OP in complaint No.27/2016 is directed to refund advance amount of Rs.4,06,550/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. Further the OP is directed to pay compensation of Rs.10,000/- to each one of the complainants together with litigation cost of Rs.2,000/-. The OP shall comply the order passed by this Forum within six weeks from the date of the order. Send the copy of the order to both the parties free of costs. This original order shall be kept in the file of the complaint No.1/2016 and a copy of it shall be placed in other connected files. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 27th day of June 2016) MEMBER MEMBER PRESIDENT
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COMPLAINT Nos.01/2016, 02/2016, 03/2016, 04/2016, 06/2016, 08/2016, 09/2016, 12/2016, 13/2016 & 27/2016. |
COMPLAINT No.1/2016 COMPLAINANT | Smt.Priti Sureka, Bangalore-76. | COMPLAINT No.2/2016 COMPLAINANT | Smt.Ritu Sharma, Bangalore-76. | COMPLAINT No.3/2016 COMPLAINANT | Sri.Mohit Agrawal, Mumbai – 400067. & Bhawana Agarwal, Mumbai – 400067. | COMPLAINT No.4/2016 COMPLAINANT | Sri.Pranav Sureka, Bangalore-76. | COMPLAINT No.6/2016 COMPLAINANT | Sri.Sanjeev Kumar Agarwal, Mumbai – 400067 & Mona Agarwal, Mumbai – 400067. | COMPLAINT No.8/2016 COMPLAINANT | Sri.Mohit Agrawal, Mumbai – 400067. & Bhawana Agarwal, Mumbai – 400067. | COMPLAINT No.9/2016 COMPLAINANT | Sri.Vikash Kumar Khetan, Maharashtra & Sneha Khetan, Pune-411013, Maharashtra. | COMPLAINT No.12/2016 COMPLAINANT | Sri.Sanjay Agarwal, Silchar – 788005, Assam & Sangita Agarwal, Silchar – 788005, Assam. | COMPLAINT No.13/2016 COMPLAINANT | Ashok Kumar North, U.P – 284001. GPA holder Sri.Neelesh Arnold Eusebius. | COMPLAINT No.27/2016 COMPLAINANT | Sri.Sanjay Kumar Goel, Bangalore-85. V/s. | OPPOSITE PARTy | M/s Skyline Constructions & Housing (P) Ltd., Bangalore-560 025, Represented by its Director, Sri.Dhiraj Prabhu. |
Witnesses examined on behalf of the complainant/s dated 07.08.2014 & 23.01.2016. 1) | Priti Sureka, (Complaint No.01/2016) | 2) | Ritu Sharma (Complaint No.02/2016) | 3) | Sri.Mohit Agrawal (Complaint No.3/2016) | 4) | Sri.Pranav Sureka (Complaint No.4/2016) | 5) | Sri.Sanjeev Kumar Agarwal (Complaint No.6/2016) | 6) | Sri.Bhawana Agarwal (Complaint No.8/2016) | 7) | Sri.Vikash Kumar Khetan (Complaint No.9/2016) | 8) | Sri.Sanjay Agarwal (Complaint No.12/2016) | 9) | Sri.Ashok Kumar North (Complaint No.13/2016) | 10) | Sri.Sanjay Kumar Goel (Complaint No.27/2016) |
Documents produced by the complainant:
(Complaint No.01/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 02.03.2012 for Rs.1,00,000/- and receipt dated 04.04.2012 for Rs.1,61,875/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.02/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 22.03.2012 for Rs.1,00,000/- and receipt dated 22.03.2012 for Rs.1,61,875/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.03/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 12.01.2013 for Rs.1,75,640/- and receipt dated 23.11.2012 for Rs.1,00,000/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.04/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 24.03.2012 for Rs.1,00,000/- and receipt dated 04.04.2012 for Rs.1,61,875/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.06/2016) 1) | Document No.1 is the copy of demand letter dated 13.05.2013 issued by OP to complainant. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.08/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 21.09.2012 for Rs.3,01,400/-, receipt dated 28.07.2012 for Rs.1,00,000/- & receipt dated 02.01.2013 for Rs.7,680/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.09/2016) 1) | Document No.1 is the copy of demand letter dated 05.03.2013 issued by OP to complainant. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.12/2016) 1) | Document No.1 is the copy of demand letter dated 05.03.2013 issued by OP to complainant. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.13/2016) 1) | Document No.1 is the copy of General Power of Attorney. | 2) | Document No.2 is the copy of receipt. | 3) | Document No.3 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.27/2016) 1) | Document No.1 is the copy of sale cum construction agreement dated 08th Day of February 2013 between OP and complainant. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015. |
OPs - Absent MEMBER MEMBER PRESIDENT Vln* | |
