Complaint filed on: 05-06-2024

                                                      Disposed on: 30-10-2024

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 30^th  DAY OF OCTOBER 2024

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER

Consumer Complaint No. 76/2024 

Sri.Jagadish S/o Bagadaram,

Aged about 34 years, Residing at

C S Pura Village and Hobli,

Gubbi Taluk, Tumkur District.

Also residing at No.80, 2^nd main,

6^th Cross, Coconut Garden,

Nagarabhavi, Bangalore-560072.

                                                                         ……….Complainant/s

(By Sri.B.R.Prakash, Advocate)

V/s

1) Sri.Gurukula Vividododsha Souhardha

Sahakari Niyamitha,

KAS Complex, Represented by President,

2^nd Floor, Opp Government Arya Boys School,

M.G.Road, Tumkur.

2) The President,

Sri.Gurukula Vividododsha Souhardha

Sahakari Niyamitha,

KAS Complex, 2^nd Floor, Opp Government

Arya Boys School, M.G.Road, Tumkur.

3) C.E.O

Sri.Gurukula Vividododsha Souhardha

Sahakari Niyamitha,

KAS Complex, 2^nd Floor, Opp Government

Arya Boys School, M.G.Road, Tumkur.

  …….Opposite Party

(OP – Sri.K.S.Mallikarjunaiah, Advocate)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI -  PRESIDENT

          This complaint is filed by the complainant under section 35 of Consumer Protection Act, 2019 against the opposite party with a prayer, to direct the OPs to pay a sum of Rs.5,00,000/- to the complainant has compensation for the loss incurred and to return the original Loan Application, Unregistered Agreement of Sale dated 02.09.2023 and other revenue documents and grant such other relief/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.

2.       The brief facts of the complaint is as under:-

The complainant has approached Uma N with an intention to purchase the schedule property, Uma N is the absolute owner of the Vacant Site bearing no.43, Grama Panchayath Property no.1410/43, Khatha No.152500203100120666, situated at C S Pura Village and Hobli, Gubbi Taluk, Tumkur District, Measuring East-West 41.5 Meter and North-South 19 Meter, Total Measuring 788.50 Sq.Meter. The Uma N has executed a Unregistered Agreement of Sale with respect to the Schedule property on 02.09.2023 in favour of the complainant, for a total sale consideration of Rs.32,00,000/-.

Further, complainant submitted that, the said Uma.N had already loan from the opposite party No.1 and suggested the complainant to avail loan from opposite party No.1. As per the suggestion of one Uma N the complainant approached the opposite party No.2 and 3 to avail loan and submitted the loan application along with Original Unregistered Agreement of sale dated 02.09.2023 and other revenue documents.

Further, complainant submitted that, even after repeated requests and several visits to the opposite parties, the opposite parties have failed to process the loan. Thus, the complainant intends to withdraw the loan application and requested the opposite parties to return the original documents to the complainant. Thus the opposite parties have committed deficiency of service.

Later, the complainant has issued a legal notice dated 02.02.2024 to the opposite parties with regard to the return of the all the original documents to the complainant within 15 days of receipt of the notice. But having acknowledge the receipt of notice have failed to return the original documents. Hence, this complaint.

3.       After service of notice, the OP appeared and filed the version and submitted that the complainant is not known to the opposite parties/Respondents and he is a Stranger, the averments made in Para-8 are all unconcerned to these Respondents/opposite parties.

          The complainant is in any way unconcerned person with the opposite parties/Respondents Financial Institution. As such the complainant is a stranger to the Financial Institution, the legal notice dated 02.02.2024 is no way concerned to the Financial Institution. As such the compliance to the notice does not arise at all by the Respondents/Opposite parties as stated in Para-9 of the complaint.

          It is absolutely false and incurred to say that the complainant approached the Respondents/Opposite parties No.2 and 3 to avail loan and submitted the Loan application along with original Unregistered agreement of sale dated 02.09.2023 and other revenue documents as alleged in Para-5 of the complaint.

4.       Both parties have filed their affidavit evidence and complainant counsel marked the documents as Ex.P1 to P7. Counsel for OP files written arguments and we have heard the arguments of both side counsels. The points that would arise for our consideration are;

1. Whether complainants proves the deficiency of service on the part of OPs?

2. Are complainant entitled to the relief sought for?

5.        Our findings on the aforesaid points are as under:

Point No.1:  In the Negative  

Point No.2:  As per the final order

                         for the following;

:REASONS:

Point Nos.(1) & (2):-

6.       On perusal of pleadings, documents submitted by the parties, it is seen that the complainant approached Uma.N with an intention to purchase the schedule property Uma.N has executed an unregistered agreement of sale with respect to the property i.e., vacant site bearing No.43, Grama Panchayath Property No.1410/43, Khatha No.152500203100120666, situated at C S Pura Village and Hobli, Gubbi Taluk, Tumkur District, measuring East-West 41.5 Meter and North-South 19 Meter, total measuring 788.50 Sq.Meter on 02.09.2023 in complainant favour, for a total sale consideration of Rs.32,00,000/-. The said Uma.N already availed loan from the OP No.1 and suggested to the complainant, to avail loan from OP No.1. The complainant submitted that, as per suggestion of Uma.N, complainant approached the OP No.2 and OP No.3 to avail loan and submitted the loan application along with original agreement of sale dated 02.09.2023 and E.Khatha.

7.       Thereafter, repeated requests and several visits to the OP, the OPs have failed to process the loan and return the original documents i.e., unregistered agreement of sale. Therefore, the complainant issued legal notice dated 02.02.2024 to the OPs. Even after acknowledge the receipt of notice, OPs failed to return the original documents. Hence, complainant approached this commission.

8.       Per contra, the OPs contended that, the complainant is a stranger, to the OPs financial institution and the legal notice dated 02.02.2024 is no way concerned to the OPs financial institution. Hence, the compliance to the legal notice does not arise at all by the OPs.

9.       The Ex.P1 is the unregistered sale agreement letter dated 02.09.2023 executed between complainant and Uma.N. The Ex.P2 contains two applications. The first application for membership in OPs institution. The date is not mentioned in the application.

          There is no acknowledgment from the OP and there is no seal and signature of OPs. in the application. Another application is “¹ÜgÁzsÁgÀ ¸Á®PÉÌ zÀgÀSÁ¸ÀÄÛ” and this application also incomplete. There is no acknowledgment, seal and signature of OPs in the application. The Ex.P3 is the E-Khatha. The Ex.P4 is consist of 5 challans i.e amount paid by Uma.N on different dates. The Ex.P5 Legal notice, Ex.P6 and Ex.P7 postal acknowledge.

10.     From the above exhibits, it is evident that, the complainant is not customer of OP and there is no evidence to show that, he is submitted applications with documents to OP for loan. The complainant produced five challans regarding deposit of amount. However, these challans are pertaining to Uma.N and no way related to the complainant. Therefore, the complainant failed to establish his case by producing cogent evidence and question of returning the original documents does not arise. Hence, we do not find any deficiency of service on the part of OP and the complaint is liable to be dismissed. Accordingly, we proceed to pass the following:-  

:ORDER:

The complaint is dismissed without cost.