BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

28^TH DAY OF DECEMBER 2015

O R D E R

SMT. M. YASHODHAMMA,MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act,1986 praying for an order against OP a) to pay interest for Rs.1,00,000/- at 5% per month for 35 months Rs.1,75,000/- b) to pay compensation of Rs.2,00,000/- towards mental agony c) to execute the sale deed after deduction of (Advance Rs.1,00,000/- + interest Rs.1,75,000/- + compensation of Rs.2,00,000/- totally Rs.4,75,000/-) d) to receive balance consideration amount of Rs.5,75,000/- and to execute the sale deed in favour of the complainant, on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

OP being owner and developer engaged in the business of forming residential layout and sites.  OPs being the absolute owner of immovable property measuring 31.02 Acres of land situated at M.Medihalli Attibele Hobli including 7 Acres 34 Guntas of Mayasandra, Kasaba Hobli, Situated within the limits of Anekal Taluk, Bangalore Urban District Vide Registered sale deed dated 29.09.2011 and converted to non-agricultural purpose vide order dated 27.08.2011 of the special deputy commissioner Bangalore Urban District. The Anekal planning authority has sanctioned residential layout vide No.APA-LKA-01/99-2011/12 dated 02.03.2012.  In pursuance of the same OP has formed the residential layout known as “Woods Ville” and sites are formed as per sanction plan and site bearing No.315 later on changed as site No.485 is one among such sites.  OP gave an advertisement on Times of India dated: 26.11.2011 offering to sell the sites.  Hence complainant booked the plot on 27.11.2011 and got email confirmation from synergy one on 13.12.2011.  Complainant approached OP seeking execution of agreement and demanded original land documents for verification but same was denied by OP.  On 18.07.2012 and on 13.12.2012 complainant received reminder mails from OP stating change in customer care contact details from different promoter.  Left with no alternative complainant got issued legal notice dated 29.09.2014 calling upon OPs to receive the balance sale consideration of Rs.6,80,000/- after deducting advance amount of Rs.1,00,000/- compensation amount of Rs.1,00,000/- and interest amount of Rs.1,70,000/- in totally amounting to Rs.3,70,000/- and to execute the sale deed, within seven days failing which complainant will approach the appropriate court of law for execution of sale deed.  Inspite of service of notice there was no response. Continuously complainant followed the OPs for three years OP has closed its registered office.  Hence, complainant felt deficiency in service against OP and under circumstances he is advised to file this complaint against OP for appropriate relief.

3. After registration of the complaint notices are issued to OP 1 & 2.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OPs are placed exparte and posted the case for filing affidavit of the complainant. 

4. So as to prove his case, Mr.Subramani.V.who being the complainant has filed his affidavit evidence in support of hiscomplaint reiterating the complaint averments and also filed his written arguments.

5. Let us have a cursory glance at the documents produced by the complainant. Document No.1 is a receipt issued by OP acknowledging receipt of amount of Rs.1,00,000/- from the complainant on 07.12.2011 towards booking of site No.325, measuring 1200 square feet situated in synergy Woods Ville layout at Anekal.  Document No.2 is pass book extract of the complainant at SBI Bank showing payment of Rs.1,00,000/- to OP on 10.12.2011. Document No.3 is a copy of the advertisement dated 26.11.2011 given by OP in Times of India newspaper.  Document No.4 and 5 are mails dated 13.12.2011 and 18.07.2012 sent by OP congratulating the complainant along with annexures i.e., brochure and site plan and reminding the complainant to proceed with execution of conveyance documents in respect of plot No.485. Document No.6 is also email sent by OP to the complainant dated 13.12.2012 informing change in customer care contact details.  Document No.7iscopy of the legal notice dated 29.09.2014 got issued on behalf of the  complainant calling upon the OP to execute the sale deed after receiving the balance sale consideration amount of Rs.6,80,000/- after deducting advance amount of Rs.1,00,000/- + interest Rs.1,70,000/- and compensation amount of Rs.1,00,000/- totally Rs.3,70,000/- within 7 days failing which complainant shall be constrained to approach the court of law for execution of sale deed. Document No.8 is served RPAD card of OP-1 and postal receipts.  Document No.9 is brochures issued by OP.

6. The above said assertions of the complainant have remained unchallenged. OP has neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

7. From the available material on record it is crystal clear that OP is private limited company engaged in the business of forming residential layouts and sites.   Attracted by the offer made by the OP in the newspaper complainant paid advance amount of Rs.1,00,000/- on 10.12.2011 towards purchase of site bearing No.485 measuring 1200 square feet at Rs.875/- per square feet for total consideration of Rs.10,50,000/-.  OP being the absolute owner of the converted land measuring 31 Acres 02 Guntas in Sy No.25 situated at M.Medahalli village, Attibele Hobli, Anekal Taluk, Bangalore Urban District obtained sanctioned layout plan by Anekal planning authority developed the layout known as “WoodsVille”.   Site No.315 later changed as site No.485 offered to sell by OP in favour of the complainant.  Inspite of service of legal notice dated 29.09.2014 to execute the sale deed in favour of the complainant after accepting the balance consideration OP has failed to respond.  Now OP has closed its registered office.  The act of OP in neither responding nor executing the sale deed in favour of the complainant after receiving the balance sale consideration amounts to deficiency in service on its part.  We are satisfied that complainant proved deficiency in service against OP.  In the circumstances we are of the considered view that the complainant is entitled for registration of site within 3 months after payment of balance sale consideration to OP failing which in alternative for refund of amount paid along with interest at 18% per annum from the date of receipt of payment till realisation along with cost of Rs.3,000/-. Accordingly, we proceed to pass the following:

ORDER

1. The complaint of the complainant is allowed in part. 

2. OP is directed to execute and register the sale deed in respect of site bearing No.485 in favour of the complainant in the layout “Woods Ville” after accepting balance sale consideration amount from the complainant, within 3 months from today failing which or in alternative to refund Rs.1,00,000/- along with interest at 18% per annum from date of payment till the date of realization along with litigation cost of Rs.3,000/- to the complainant.

3. Supply free copy of the order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 28^thday of December 2015)

MEMBER                            MEMBER                         PRESIDENT

NRS* 

COMPLAINT NO.1889/2014

Complainant                  _        Mr.Subramani.V

                                            S/o.Venkateshappa.N

-vs-

Opposite Party               _        The CMD / Director,

                                           Synergy one Marketing Pvt. Ltd. & others

Witnesses examined on behalf of the complainant dated 06.05.2015

1)   Mr.Subramani.V

OPs – Absent

MEMBER                             MEMBER                                PRESIDENT

NRS*