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

DATED 24^TH DAY OF NOVEMBER 2022

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Order or direct the OPs to pay of Rs.7,50,000/- with interest of 18% p.a., as compensation and Rs.15,000/- as the fee incurred towards litigation expenses as costs.
2. Order or direct the OPs to pay Rs.2,00,000/- towards recovery of loss of doing research work and projects and loss of mental harassment faced by the complainant as compensation.
3. Pass such other direction that this Hon’ble Commission deems fit to grant in the interest of justice and equity.

2. The case set up by the complainant in brief is as under:-

The complainant is a member of the OP society and OP2 enrolled the complainant as a member on 20.05.2017 by collecting Rs.2,500/- towards admission fee and Rs.50/- share fee of Rs.200/- share amount of Rs.200/- and miscellaneous amount of Rs.150/- and application fee of Rs.100/-.

3. The complainant is a head constable in CRPF India, working since 2001 and at present working in a 120 battalion TURA Meghalaya.
4. The complainant being a share holder in OP1 society have offered to purchase a residential site and the complainant entered into a sale agreement dated 11.07.2017 with regard to residential site formed in schedule A property out of sy.No.87/2 of Ittagalapura, Hesaraghatta Hobli, North Taluk, Bangalore District.  Out of A schedule property OP1 have formed a layout mentioned it as schedule B property in agreement.
5. The OP has agreed to sell site bearing No.71 measuring 30 X 40 feet totally 1200 sq. feet in favour of the complainant and it is more fully referred as schedule B property for a total sale consideration of Rs.15,00,000/-.  The OP have received an advance amount of Rs.3,75,000/- by way of cheque on 03.07.2017 and Rs.2,50,000/- by way of cheque and Rs.1,25,000/- and OP1 in total have received Rs.7,50,000/- from the complainant.  The OP have issued receipts for having received the amount.  
6. After making the payment on 01.06.2019 the complainant’s wife Smt.Ushadevi visited OP1 office to make further payment in the month of October 2019 but OP1 office was locked and a board was displayed contact No.9481002001.  Then the complainant’s wife informed the complainant about the same and accordingly the complainant tried to contact several times, but there was no response.  Later one fine day phone was received by OP1 but he has not replied properly, Why the office is closed?
7. The complainant and his wife after observing that the OP1 office was continently locked they have visited OP4 office and they shockingly noticed that the OP4 office was also locked.  When they tried to contact the OP4 but they could not contact them and all their efforts went in vein.  After that the complainant understood that the OP have colluded together and hatched a plan to defraud the complainant.  The OPs are smashing the life time ambission of the complainant to own his site at the schedule property.  The complainant has requested the OP on several times through whatsapp to return the money but the OPs are avoiding the complainant in one way or the other.
8.  The complainant has also got issued a legal notice on 06.11.2020 but the notice was returned with shara “left” and unclaimed.  The complainant has also lodged a complaint before the Commissioner of Police, Bangalore, against OP2, 3, 5 and 6 and another and also filed a PCR before the Hon’ble Magistrate court, Bangalore and the Hon’ble Magistrate court Bangalore, has referred the case for investigation to R.T.Nagar police station.  Based on the said PCR the R.T.Nagar police have registered the FIR in C.R.No.192/2021, against OP2, 3, 5 and 6 and another for the offence u/s 506, 504, 420, 463, 464 and 34 of IPC and the same was forwarded to the Hon’ble Magistrate Court.  Hence the complainant without having any other way have filed this complaint.  
9. Though notice was sent to OPs through RPAD and also through paper publication, they have not appeared before this Commission. Hence OPs placed exparte.
10. The complainant has filed his affidavit evidence and relies on 10 documents. 
11. Heard the arguments of advocate for the complainant. Perused the written arguments filed by the complainant.

12. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

13.   Our answers to the above points are as under:

       Point No.1 :  Affirmative

       Point No.2 : Affirmative in part

      Point No.3  : As per final orders

REASONS

14.    Point No.1 AND 2: Perused the complaint and the documents produced by the complainant.

15.     Inspite of service of the notice to the OPs by way of paper publication they remained absent and placed exparte.  The evidence and the documents produced by the complainant remained unchallenged.  

16.     The complainant become a member of the OP society after enrolled him by the OP2 on 20.05.2017 after collecting Rs.2,500/- and other miscellaneous charges.

17.     The complainant entered into an agreement with the OP1 to purchase a residential site formed in A schedule property out of sy.NO.87/2 of Ittagalapura, Hesaraghatta Hobli, Bangalore North Taluk.  The OP1 formed a layout and mentioned it as B schedule property in the agreement.  The OP has agreed to sell site bearing No.17 measuring 30 X 40 feet totally measuring 1200 sq. feet referred as A and B schedule property for a total consideration of Rs.15,00,000/- on 11.07.2017.  The complainant has totally paid Rs.7,50,000/- towards sale consideration amount.  On 01.06.2019 when the wife of the complainant visited the office of the OP1 to make further payment the office was locked by displaying a board showing contact number as 9481002001.  After that they have tried to contact the OP1 on several times but there was no response.  Later one fine day the OP1 has received the phone but he has not given proper reply. After that the complainant and his wife tried to contact OP4 but his office was also locked.  When they tried to contact other OPs they could not contact them and their efforts gone in vein as all the office of the OPs always remained closed.  After that the complainant came to know that the OPs have colluded and hatched a plan to defraud them.

18.     After that the complainant has got issued a legal notice on 06.11.2020 and the same was returned as addressee left and unclaimed.  After that he has lodged a complaint before the Commissioner of police Bangalore against OP2, 3, 5, 6 and another.  Thereafter he has also filed private complaint against the OPs before the Magistrate Court, Bangalore and the court has referred the complaint to R.T.Nagar police station for investigation. After that the R.T.nagar police have registered FIR the OP2, 3, 5, 6 and another in C.R.No.192/2021 for the offence punishable u/s 506, 504, 420, 463, 464 and 34 of IPC., and the same was forwarded to the Magistrate court.  

19.     In support of his contention the complainant has filed his affidavit reiterated all the allegations made in the complaint. He has also relied on totally 10 documents.  Ex.P1 is the copy of the registration certificate. Ex.P2 is the payment receipt, P3 is the sale agreement, Ex.P4 is three payment receipts and Ex.P5 is the copy of the legal notice and Ex.P6 is the six postal receipts and Ex.P7 is the unserved postal covers and copy of FIR is Ex.P8 and copy of MOU dated 24.03.2017 Ex.P9 and copy of the Bank statement from 01.04.2019 to 01.11.2019 as Ex.P10.

20.     Admittedly the OPs have not appeared before this Commission and they have not challenged the allegations made in the complaint and also Ex.P1 to Ex.P10 produced by the complainant.  The evidence and Ex.P1 to P10 clearly discloses that the complainant become the member of the OP society by paying membership fee and he has entered into an agreement with the OP as Ex.P3 agreeing to purchase the B schedule property for a total consideration amount of Rs.15,00,000/-.  The OP have received totally Rs.7,50,000/- as per the receipt Ex.P4 from the complainant.  After that they have closed their office.  When the complainant failed to trace the OP has also filed a criminal complaint before the Commissioner of police and after that the R.T.Nagar Police have also registered the FIR as per Ex.P8 against the OP.   

21.     The complainant has entered into the sale agreement with the OP with a fond hope that he and his family members will get a residential site and they can build a house in the said site by investing their hard earned money.  Even though the OP have received half of the sale consideration amount and entered into the sale agreement they failed to allot the site and to execute the registered sale deed in favour of the complainant by playing fraud on the innocent complainant.  Even after filing of this complaint and after taking the notice through paper publication all the OPs remained absent and they have never bother to appear before this Commission to contest this matter.  Under these circumstances the complainant has clearly established the deficiency of service, unfair trade practice and also fraud played by the OPs.  

22.     When the complainant has not traced the OPs after paying Rs.7,50,000/- he has suffered mental shock and agony and also financial loss.  The complainant is working as a  Head Constable, CRPF, India from 2001 and at present he is working at Meghalaya.  The wife of the complainant also tried to contact the OP but she could not contact them as all the OPs have closed their office and they not at all available for contact either over phone or in person.  Under these circumstances the complainant has undergone harassment and also mental agony. Hence the complainant has clearly established the negligence and deficiency of service on the part of the OPs and the complainant is entitled for the relief claimed in this complaint.  Hence we answer point No.1 in Affirmative and Point No. 2 partly in affirmative.

23.    Point No.3:- the OP1 to 6 are directed jointly and severally liable to pay Rs.7,50,000/- to the complainant with interest at 12% p.a., from the date of complaint till realization. The OPs are further directed to pay Rs.2,00,000/- towards compensation for the mental harassment and financial loss caused to the complainant and the OP is directed to pay Rs.15,000/- towards litigation expenses. Hence we pass the following;

O R D E R

1. The complaint is allowed in part.
2. The OP1 to 6 are jointly and severally liable and directed to pay Rs.7,50,000/- to the complainant with interest at 12% p.a., from the date of complaint till realization.
3. The OPs are further directed to pay Rs.2,00,000/- towards compensation for the mental harassment and financial loss caused to the complainant and the OP is directed to pay Rs.15,000/- towards litigation expenses.
4. The OPs shall comply this order within 60 days from this date, failing which the OP shall pay interest at 16% p.a. after expiry of 60 days on Rs.7,50,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 24^TH day of NOVEMBER, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL