Karnataka

Chitradurga

CC/338/2018

Sri T.Govindappa, S/o Thimmayya - Complainant(s)

Versus

Sri K.H.Murulidhara, S/o Late K.H.Thippeswamy - Opp.Party(s)

Sri.C.J.Lakshminarasimha

15 Feb 2019

ORDER

COMPLAINT FILED ON:29/12/2018

DISPOSED      ON:15/02/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:338/2018

 

DATED: 15^th FEBRUARY 2019

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

 

……COMPLAINANT/S	T. Govindappa, S/o Thimmayya @ Thimmaiah, Age: 62 years, Retired Teacher and Agriculturist, Kyadigunte village, Challakere Taluk, Chitradurga.   (Rep by Sri.C.J. Lakshminarasimha, Advocate)
V/S
…..OPPOSITE PARTIES	1. Sri. K.H. Murulidhar, S/o Late K.H. Thippeswamy, Managing Director, M/s Lakshmi Developers, The Partnership Firm, Railway Station Road, Near Narasimha Swamy Temple, Vinayakanagar, Challakere, Chitradurga.   R/o Bommasandra Village, Kasaba Hobli, Challakere Taluk, Chitradurga.   Also R/o Somaguddu Road, Near Anjaneya Swamy Temple, Challakere.   Also R/o Nehru Colony, Bellary Town. Mobile:9880781805.   (ex-parte)

 

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OP to execute the registered sale deed in respect of vacant site as per the agreement dated 23.02.2013 by collecting necessary dues and registration charges if any, to pay Rs.1,00,000/- towards mental agony, mental sufferings, loss of mental peace, annoyance, Rs.25,000/- towards notice charges, court fee and litigation expenses and Rs.25,000/- towards miscellaneous expenses etc.,

 2.     The brief facts of the case of the above complainant are that, he is the consumer of the OP i.e., M/s Lakshmi Developers, Challakere under membership No.B-788.  The OP has offered the scheme for purchase of the vacant site in Vinayakanagar Plot, Challakere.  Accordingly, the OP has collected the membership fee from the complainant and other members.  The total measurement of the vacant site is 1200 sq.ft., and the value of the said site is of Rs.2,49,999/-.  As per the scheme, the complainant has paid Rs.2,500/- p.m towards monthly installment and the complainant has paid regularly for a period of 60 months without fail commencing from 24.08.2014.  As per the scheme, the complainant has to pay Rs.5,000/- for every month as additional installment up to 60 months in addition to the monthly installment, for which the OP has not collected the same for every 5 months from the complainant.  Though the complainant has repeatedly requested to receive the same periodically with the OP and then the OP informed the complainant to pay the same on the date of registration.  Further the complainant has to pay Rs.24,999/- on the date of registration of the vacant site in favouir of him.  As per the scheme guidelines in oral and also as per the terms and conditions of the scheme, the complainant has 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 complainant has paid Rs.1,50,000/- to the OP.  The complainant has 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 the agreement dated 23.02.2013 by collecting remaining amount.  Further the complainant is ready to bear the registration charges.  The OP is not at all ready and come forward to execute the registered sale deed as per the agreement.  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 the complainant.  Now the complainant has suffered lot of mental agony, mental stress, inconvenience and loss of expenditure and lot of annoyance in which the complainant has also suffered huge financial loss.  The repeated requests and demands made by the complainant went in vain.  The complainant has lost the hopes on the OP.  Therefore, the complainant has issued notice through RPAD calling upon the OP to execute the registered sale deed as per the agreement dated 23.02.2013 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 complaint arose at Challakere Town when the OP has entered into an agreement dated 23.02.2013 and on the date of issuance of notice to the OP, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      In spite of service of notice, OP did not appear before this Forum and hence, placed ex-parte.

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-7 were got marked and closed his side.

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that, the OP has committed deficiency of service in executing the registered sale deed in his favour as per the agreement dated 23.02.2013 and entitled for the reliefs as prayed for in the above complaint?

              (3) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:- It is not in dispute that, the complainant is the consumer of the scheme made by OP i.e., M/s Lakshmi Developers, Challakere under membership No.B-788.  Accordingly, the OP has executed agreement in favour of complainant dated 23.02.2013 and agreed to execute the site in favour of complainant situated at Vinayakanagar, Challakere Town.  The complainant has paid Rs.2,500/- per month up to 60 months to the OP.  The OP has collected Rs.1,50,000/- from the complainant and as per the agreement, the complainant has requested the OP to come and execute the registered sale deed, but the OP neglected to execute the registered sale deed as per the agreement dated 23.02.2013, which is a deficiency of service.  According to the complainant, the complainant was also issued legal notice to the OP, the same has been returned with a shara as “party absent for 7 days”.  But the notice sent by this Forum was served to the OP.  After service of the notice, the OP never come forward to contest the case or to execute the sale deed in favour of the complainant as per the agreement.  The documents produced by the complainant clearly shows that the complainant has paid Rs.2,500/- regularly to the OP for 60 months. 

9.      We have gone through the entire documents filed by the complainant, those are marked as Ex.A-1 to A-7.  The complainant has produced the receipts before this Forum, which clearly goes to show that the he has paid the installment regularly to the OP, the same are marked as Ex.A-6 and Ex.A-5 is the agreement executed by the OP to the complainant dated 23.02.2013.  Here the case is on hand that, the OP has committed deficiency of service and negligence in executing the registered sale deed as per the agreement dated 23.02.2013.  It is the duty of the OP to execute the registered sale deed in favour of the complainant.  Hence, this Forum comes to the conclusion that, the OP has committed deficiency of service. Non executing the registered sale deed in favour of the complainant causes hardship, inconvenience, financial loss, mental agony, stress, loss of expenditure, which cannot be compensated by the OP.  If the order is not passed in favour of the complainant, he will be put to great hardship and inconvenience.   Accordingly, the Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.3:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that the OP is hereby directed to execute the registered sale deed in favour of the complainant as per agreement dated 23.02.2013 at Vinayakanagar Plot, Challakere within one month from the date of this order.

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

            It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 15/02/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 02.11.2018
02	Ex-A-2:-	4 postal receipts
03	Ex-A-3:-	2 postal acknowledgements
04	Ex-A-4:-	Unserved postal covers with acknowledgements
05	Ex-A-5:-	Agreement dated 23.02.2013
06	Ex-A-6:-	Receipts
07	Ex.A-7:-	Rules and regulations

Documents marked on behalf of OP:

-Nil-

 

 

MEMBER                                                   PRESIDENT

Rhr**