Karnataka

StateCommission

CC/531/2019

A.Lazar - Complainant(s)

Versus

Smt.U.Anitha Reddy - Opp.Party(s)

Dominic Jomes & Ramdas

05 Apr 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 05^TH DAY OF APRIL 2022

 

PRESENT

 

MR. K.B. SANGANNAVAR                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                    : MEMBER

 

Consumer Complaint No. 531/2019

 

A. Lazar S/o. Anthonappa, Aged about 50 years, R/a No.G 33, St. John's Hospital Staff Quarters, Next to Anthony Church, Hosur Road, Bengaluru-560034 (By Sri. Dominic James) V/s

……Complainant

1.  Smt. U.Anitha Reddy      W/o. U. Yeshwardhan Reddy,      Aged about 37 years,      R/a No.T.401, Red Wood Apartments,      Haralur Road, Off. Sarjapura Road,      Benagaluru-560012 2.  Smt. M. Pallavi Reddy      W/o. M. Rajendra Reddy,      Aged about 34 years,      R/a No.T.401, Red Wood Apartments,      Haralur Road, Off. Sarjapura Road,      Benagaluru-560012 3.  U. Yeshwardhan Reddy      S/o U.L. Reddy,      Aged about 37 years,      R/a No.T.401, Red Wood Apartments,      Haralur Road, Off. Sarjapura Road,      Benagaluru-560012 4.  M/s. Vijicon Properties      Partnership firm,      Rep. by one of its Partner      Sri Vijay Agarwal,      Office at:88, 1st Floor,      17th Cross, 14th Main,      HSR layout, Sector-IV,      Bengaluru-560102

..…Opposite parties

 

O R D E R

 

BY MR. K.B. SANGANNAVAR, JUDICIAL MEMBER

This is a complaint filed under Section 17 of CPA 1986 with a prayer to pay a sum of Rs.36,14,281/- and at bank interest till the date of repayment, award damages of Rs.10.00 lakhs and award a sum of Rs.11,71,868/- towards interest on loan amount by way of EMI from the date of filing of complaint and award compensation as per the agreement per month Rs.12,000/- and to pay in all Rs.61,46,149/- for the various pecuniary and non-pecuniary damages. 

2. The OPs are land owners, land developers and builders.  As complainant was searching for purchase of flat at the outskirts of Bangalore for considerable amount to own a flat.  In this regard on 28.04.2015 an agreement to sell cum construction agreement entered into between complainant and OP Nos. 1 to 4.  He has paid Rs.7,14,281/- through 7 cheques and Rs.50,000/- cash.  He availed housing loan-1 at Rs.20.00 lakhs and housing loan-2 at Rs.9.00 lakhs, thereby he has paid Rs.29.00 lakhs to OPs through housing loans.  Totally he has paid Rs.36,14,281/-.  He alleged that OP Nos. 1 to 4 failed to keep up their promise to complete project and hand over flat agreed to sell, although received huge money and they have failed to comply with terms and conditions of agreement.  He has issued legal notice dated 17.09.2019 and the OPs also issued notice dated 24.09.2019 and the complainant has replied the said notice on 01.10.2019.  The actions and omissions on the part of OPs amounting to deficiency in service as they have failed to hand over apartment agreed to be sell bearing No.B-205 in Wing B, having super built up area of 1209 sq.ft. on the second floor in the multi-storied apartment building complex known as “Vivansaa Aurigaa”.  It is therefore, raised consumer complaint with a prayer to refund Rs.36,14,281/- paid through cheques, cash and bank loans.  He has sought for an award for Rs.25,31,868/- including delay compensation and punitive damages.
3. After admitting this complaint notice ordered on OP Nos. 1 to 4.   could not be served as returned un-served, as such under Order V Rule 20 R/w Section 151 of CPC complainant sought for service by substitute service through news paper publication and the said notice is published in ‘City Hilights’ in daily newspaper dated 08.11.2020 and despite such service OP Nos. 1 to 4 did not appear to participate in the complaint proceedings before the commission, as such  held such service sufficient and they are placed   exparte.
4. The Commission held an enquiry on the complaint by receiving affidavit evidence of complainant and Ex.C1 to C14.  On conclusion of the enquiry, heard Learned Counsel for complainant and upon examination of materials on record, now the commission has to examine, whether OPs are deficient in rendering service as alleged by the complainant and if so, is he entitled for relief sought for ?
5. In order to prove his case, complainant has produced  Ex.C1 payment confirmation letter dated 28.04.2015, Ex.C2 nine receipts for having paid  Rs.7,14,281/- to the OPs, Ex.C3 is a loan sanction letter sanctioned by Indiabulls in favour of complainant for purchase of property sanctioning Rs.20.00 lakhs with EMI of Rs. 23,787/- the rate of interest is 9.9%.  This is dated 07.05.2015.  Ex.C4 are photographs to show the existing situation of the project being incomplete, Ex.C5 is account statement issued by Indiabulls in respect of the account of complainant to show repayment of loan amount as agreed between complainant and Indiabulls.  Complainant has also paid pre-EMI which could be seen from the statement of account.  Ex.C8 is a document showing list of documents given as self-custody to Indiabulls Housing Finance Ltd.  Ex.C9 is tripartite agreement dated 11.05.2015.  In this document could see the price of the property to be sold by OP is corroborated from the averments of the complainant, his evidence and further evidence.  Ex.C6 is notice issued by OPs dated 20.01.2020 notifying agreement of construction dated 28.04.2015 stands terminated without any further information.  Ex.C7 is reply dated 05.02.2021 and 17.09.2019. 
6. Thus, the   documents produced by the complainant, having  not been rebutted by OPs, complainant  has to be held  proved deficiency in service on the part of OPs in rendering service in respect of the flat agreed to be sold in his favour. And when  Ops have failed to adhere the terms of agreement are liable to pay pecuniary and non-pecuniary damages sustained by complainant, as he  had invested hard earned money with the Ops and availed two home loans has paid EMIs along with interest.
7.  In the above such conclusion Commission proceed to allow the complaint in part directing OP Nos. 1 to 4 to  pay Rs.36,14,281/- along with interest at the rate of 18% p.a. from the date of receipts in so far as  Rs.7,14,281/- and on Rs.20.00 lakhs and Rs.9.00 lakhs respectively at the same rate of interest paid by complainant to his  Banker and do pay Rs.5,00,000/- as compensation for the mental agony, hardship etc; and Rs.50,000/- towards litigation costs.
8.  The Ops are directed to pay the amount so awarded within three months from the date of this order.

 

JUDICIAL MEMBER

 

MEMBER

CV*