Karnataka

Chitradurga

CC/20/2020

Sri Siddesh Gowda.B.M S/o Murugendrappa.H. - Complainant(s)

Versus

Sri.K.H.Muralidhar S/o late K.H.Thippeswamy - Opp.Party(s)

Sri Umeshbabu

09 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:19 and 20/2020

DATED: 08^thJUNE  2022

PRESENT: -Sri. M.I.SHIGLI. B.A., LL.M., PRESIDENT

 

                        Sri. G. SREEPATHI, B.COM., LL.B., MEMBER       

 

                     Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

 

                    

……COMPLAINANT/S	In CC No. 19/2020 Smt.Annapurnamma W/o.Somanna,                             Aged about 58 Years,  R/o Lakkanahalli village, HulikunteHobli, SiraTaluk, Tumkur District.   Rep., by Sri.UmeshBabu,Advocate
	In CC No. 20/2020 Sri.SiddeshGowda.B.M. S/o.Murugendrappa.H,                             Aged about 38 Years,                    R/o Chikkabanagere,        HulikunteHobli, SiraTaluk, Tumkur District. 572113   Rep., by Sri.UmeshBabu,Advocate
V/S
….OPPOSITE PARTY/S	Sri.K.H.Muralidhara S/o.LateK.H.Thippeswamy, Managing Director, M/s.Lakshmi Developers, The Partnership Firm, Railway Station Road, Near Narasimhaswamy Temple, Vinayakanagara, Challakere, Chitradurga District   Also R/o.Somaguddu Road, Near Anjaneyaswamy Temple, Challakere   Also R/o.Nehru Colony, Bellary Town, Bellary.   (Exparte)

 

:COMMONORDER:

 

Sri. G. SREEPATHI, B.COM., LL.B., MEMBER       

 

The facts involved in both the cases since almost similar on material aspects and the OPs are one and the same and hence this common order is passed in the above both cases for the sake of convenience and to avoid repetition.

2)     The above complaints havebeen filed by complainants U/s 12 of Consumer Protection Act,1986 for the relief to direct Opposite Party to execute the registered sale deed in respect of vacant site as per the agreement dated 18-07-2013 by collecting necessary dues and registration charges if any,orders to pay Rs.1,00,000/- towards mental agony, mental sufferings, loss of mental peace, annoyance and Rs.25,000/- towards notice charges, court fee and litigation expenses and Rs.25,000/-towards miscellaneous expenses and such other reliefs as this Hon’ble Commission deems fit in the interest of justice.

3)The brief facts of the complaints are:

Complainantsare the consumers of opponent that is   M/s Lakshmi Developers, Challakere by availing membership vide No.A-094 and A-093 respectively.  The opponent has offered the scheme for purchase of the vacant site in  Vinayakanagara plot, Challakere. Accordingly, the Op has collected the membership fee from the Complainants and also from other members. The total measurement of the vacant site is 1200 sq, ft, and the value of said site is Rs.2,49,999/-.  As per the scheme, the Complainants have paid Rs.2,500/- p.m., towards the monthly installment and  the complainants have paid regularly for a period of 60 months commencing from 19-07-2013.As per the scheme complainants have to pay Rs.5,000/- as additional installment upto 60 months in addition to the monthly installment, for which the OP has not collected the same for every months from the complainants.  Though the complainants have repeatedly requested to receive the same periodically then the OP informed the Complainants to pay the same on the date of Registration.  Further the complainants have to pay Rs.24,999/- on the date of Registration of the vacant site in favour of him.  As per the scheme guidelines in oral and also as per the terms and conditions of the scheme, the complainants have paid Rs.2,500/- p.m., regularly for a period of 60 months.  The period of 60 months was closed before one year back. The Complainants Smt.Annapurnamma has paid Rs.1,47,500/- and Sri.SiddeshGowda B.M has paid Rs.1,50,000/-  to OP.  The Complainants have requested and demanded the OP and their office authorities to execute the registered sale deed in respect of the vacant site as per the terms and conditions of agreement dated 18-07-2013 by collecting remaining amount.  Further the complainantswereready to bear the registrationcharges.  The OP is not at all ready and come forward to execute the registered sale deed as per agreement in favour of complainants.  The OP has committed breach of trust and also breach of terms and conditions of the agreement deed.  Hence the OP has committed deficiency of service and also negligence towards complainants.  With this complainants have suffered with lot of mental agony, mental stress, inconvenience and loss of expenditure and lot of annoyance apart from huge financial loss. The repeated request and demands made by the complainants went in vain.  The complainants have lost the hopes on the OP.  Therefore, the Complainants haveissued legal notice through RPAD calling upon the OP  to execute the registered sale deed in their favour as per the agreement dated 18-07-2013 by collecting necessary dues and registration charges if any within 7 days from the date of receipt of notice, but the OP  failed to do so.  The cause of action for this complaintsarose at Challakeretown when the OP  has entered into an agreement dated 18-07-2013 and on the date of issuance of notice to OP, which is within jurisdiction of thisHon’ble Commissionand hence prayed for allow of the complaints.

4)     Inspite of service of notice, OP did not appear before this commission and hence placed ex-parte.

5) ComplainantsSmt.Annapurnamma and B.M. Siddeshgowda were examined asPW-1 by filing affidavit evidence and the documents Ex. A-1 to A-6 were marked and closed their side.

6) Heard the arguments.

7)     Now the points that arise for our consideration to decide the above complaints are;

i)      Whether the complainants have proved the deficiency of service on the part of OP?

ii)     If so, whether the complainants were entitled for the reliefs now claimed?

iii)    What order?

8) Our findings on the above pointsare as follows;-

Point No.1:       Affirmative

Point No.2:       Affirmative in Part

Point No.3:       As per final order

REASONS

9)     Point No.1&2:It is not in dispute that the complainants were consumer of the scheme made by OP i.e. M/s.Lakshmi Developers, Challakere under Membership No.A-094 and A-093 Accordingly the OP has executed agreement in favour of the complainants dt.18.07.2013 and agreed to execute the registered sale deeds of the sites in favour of the complainants situated that Vinayak Nagar, Challakere Town. The complainants have paid Rs.2,500/- p.m. upto 60 months to OP. The OP has collected Rs.1,47,500/- from Smt.Annapurnamma and Rs.1,50,000/- from B.M.SiddeshGowda and as per the agreement. The complainants have requested the OP to execute the registered sale deed in their favour as per the agreement dt.18.07.2013. OP failed to execute the same which leads to service deficiency.

10)   On perusal of complaints filed by complainants, they have issued legal notice to OP, the same was delivered to OP and for the same they have not given any reply. Further on filing of the case the notice sent by this Hon’ble Commission returned with a postal shara “long absent, hence returned”. Such being the reason complainants have taken steps by way of paper publication on 07.02.2021 in “BELLARI BELAGAIATU” kannada daily local newspaper and on producing the same before this commission on 01.03.2021, OP has not appeared before this commission hence placed exparte. OP since remained absent throughout, it is to be deemed that nothing to say by OP. So far as the allegations made against him in the complaints. OP failed to execute registered sale deed in favour of the complainants even after acknowledging amount of Rs.1,47,500/- from Annapurnamma and Rs.1,50,000/- from B.M.SiddeshGowda by way of monthly installments for a period of 59 and 60 months respectively.

11)   We have gone through the entire documents filed by the complainants in each case and those were marked as Ex.A1 to A6. The complainants Annapurnamma has produced 59 receipts and B.M.SiddeshGowda has produced 60 receipts of Rs.2500/- each before this commission which clearly goes to show that they have paid the instalment regularly to the OP and the receipts produced by the complainants were marked as Ex.A6 and agreement dtd.18.07.2013 which were marked as Ex.A-4 in C.C.NO.19/2020 and 20/2020 respectively.Here it clearly establishes that the OP has committed deficiency of service and negligence by not  executing registered sale deed in favour of the complainants as per agreement dt.18.07.2013. The duty casted upon OP to execute registered sale deed in favour of complainants as the OP has failed to do the same. Such being the reason, this commission has come to the conclusion thatthe OP has committed deficiency of service. Non executing the registered sale deed in favour of the complainants causes hardship, inconvenience, financial loss, mental agony, stress and loss of expenditure which cannot be compensated by the OP. If the orders will not pass in favour of the complainants, they will be put to great hardship and inconvenience. Accordingly point no.2 is held as Partly Affirmative to the complainants.

12)   Point No.3: As discussed on the above points we pass the following

ORDER

The complaints filed by the complainants U/s.12 of C.P.Act 1986 are hereby partly allowed.

It is ordered that the OP is hereby directed to executeregistere sale deed in favour of complainants as per agreement dt.18.07.2013 at Vinayaka Nagar plot, Challakere within one month from the date of this order, if he fails to execute the same within above stipulated time OP is liable to repay Rs.1,47,500/- to the complainantsAnnapurnamma and Rs.1,50,000/- to B.M.SiddeshGowda along with 6% interest from the date of filing of complaints.

Further it is ordered that the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of this proceedings.

It is further ordered that, OP is hereby directed to comply the aforesaid order within 60 days from the date of this order.

The original order shall be kept in CC 19/2020 by making a copy of the same available in CC 20/2020 for reference.

Communicate the order to parties.

(Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on  8^thJune  2022.)

 

 

  Lady Member            Member                               President.

 

CC 19/2020

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dt.19.09.2019
02	Ex-A-2:-	Postal receipt dt.19.09.2019
03	Ex-A-3:-	Postal consignment track /status
04	Ex.A-4:-	Deed of agreement executed in between OP and complainant dt.18.07.2013.
05	Ex.A.5:-	Passbook issued by OP to complainant, Membership no.A-094
06	Ex.A.6:-	Receipts for having paid the monthly instalments of Rs.2,500/-(Receipt Sl.No.3 to 61, total 59 receipts)

 

CC 20/2020

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dt.19.09.2019
02	Ex-A-2:-	Postal receipt dt.19.09.2019
03	Ex-A-3:-	Postal consignment track /status
04	Ex.A-4:-	Deed of agreement executed in between OP and complainant dt.18.07.2013
05	Ex.A.5:-	Passbook issued by OP to complainant, Membership no.A-093
06	Ex.A.6:-	Receipts for having paid the monthly instalments of Rs.2,500/-(Receipt Sl.No.3 to 62, total 60 receipts)

 

 

 

Lady Member           MEMBER                            PRESIDENT

MSR