Karnataka

Chitradurga

CC/126/2017

Dr.P.Umamaheshwarappa - Complainant(s)

Versus

The Manager/Managing Partner,Sri Kottureshwara Developers - Opp.Party(s)

30 Jun 2018

ORDER

COMPLAINT FILED ON:24/11/2017

DISPOSED      ON:30/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 126/2017

 

DATED: 30^th JUNE 2018

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

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

……COMPLAINANT/S	1. Dr. P. Umamaheshwarappa, (Membership No.D-243)   2. Druthi. U, D/o Dr. P. Umamaheshwarappa, (Membership No.D-242)   Sri. Sevalal Sadana, Opp: Urdu School, Behind APMC Market Yard, Vedavathi Nagar, Hiriyur town, Chitradurga.   (In Person)
V/S
…..OPPOSITE PARTY	The Manager/Managing Partner, Sri. Kottureshwara Developers, Near Consumer Court, Bank Colony, Turuvanuru Road, Chitradurga.   (Rep by Sri.S. Anjaneyalu, Advocate)

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 refund Rs.7,000/- with interest @ 2% p.a from the date of payment, Rs.50,000/- towards notice charges, court fee and expenses in all Rs.1,22,000/- and such other reliefs.   

2.      The brief facts of the case of the above complainants are that, they intended to purchase two sites measuring 30 X 40 feet from the OP in the layout formed by them in the name and style as Sri Kottureshwara Developers near Srinagar, Chitradurga.  The complainants agreed to purchase two sites under membership No.1.D-243 and No.1.D-242 and paid Rs.2,000/- each under receipt No.19161 and 19162 and Rs.1,500/- ach under receipt No.252 and 253 in all a sum of Rs.7,000/-.  Later for non-allotment of sites, the complainants have stopped the payments of further installments.  It is further submitted that, the complainants approached the OP for several times and requested them to return the amount paid by them.  But, the OP neglected to repay the amount as paid by the complainants.  Thereafter, the complainant issued notice to the OP, the same has been served and prayed for allow the complaint.

3.     After service of notice, Sri.S.Anjaneyalu, Advocate appeared on behalf of OP and filed version denying the allegations made in the complaint.  Further, it is submitted that, the complaint filed by the complainants is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  Further, the OP has stated that, the complainants have voluntarily became the member of the OP Housing Scheme called as Srinagara for two sites measuring 30 X 40 feet on 13.12.2010 and agreed to the terms and conditions of the scheme and they have bound by the terms and conditions of the agreement.  As per the 6^th conditions of the agreement of the scheme, if any member failed to pay three installments, their name will be deleted from the scheme and the amount will be forfeited.  The complainants have knowingly and deliberately failed to pay the installments, they have paid only Rs.7,000/- in total for two sites out of the 60 installments for each site.  All the members of the scheme have got registered the sale deeds with respect to their sites.  The complainants have filed this complaint only to harass the OP.  The complainants are not ready to get it register the sites and now today itself, the OP is ready to execute the registered sale deed in favour of the complainants if the complainants ready to pay the remaining amount and there is no deficiency of service and prayed for allow the complaint.

4.      Complainant No.1 has examined himself as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed their side.  OP has examined one Sri. Ramesh Babu, the Manager of the OP as DW-1 by filing affidavit evidence and Ex.B-1 to B-6 documents were got marked and closed their side.   

5.      Arguments heard.

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

 

1. Whether the complainants prove that, the OP has committed deficiency in service for non-returning of the amount collected from the complainants and entitled for the relief as prayed for?

              (2) 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.      It is not in dispute that, the complainants intend to purchase two sites from the OP each measuring 30 X 40 feet and paid Rs.2,000/- each under receipt Nos. 19161 and 19162 and Rs.1,500/- each under Membership Nos. D-242 and D-243 in all a sum of Rs.7,000/- to the OP for allotment of sites.  After that, the OP failed to form the layout as agreed.  The complainants requested the OP to return the amount paid by them but, the OP neglected to repay the amount collected from the complainants.  Lastly, the complainants issued notice to the Op calling upon to repay the same but, the OP failed to repay the amount.  The Advocate for the OP argued that, the complainants have not paid the full installments and they have stopped the further installments.  According to the terms and conditions of the scheme, if the member is not paid three installments regularly, the amount paid earlier will be forfeited.  But, the OP has admitted in his version that, the complainants have paid the amount of Rs.7,000/- for allotment of two sites but, failed to allot the sites.  So, the complainants have doubt that, the OP will not form the sites in the layout and therefore, the complainants requested to repay the amount.  The OP has agreed in its version that, the complainants have paid the amount.  Such being the case, it is the duty of the OP to repay the amount received from the complainants. 

9.   We have gone through the entire documents filed by the complainants and OP.  It clearly goes to show that, the OP has collected the amount from the complainants as per Ex.A-1 and A-2.  The documents produced by the complainants as per Ex.A-4 clearly shows that, the complainants have requested to repay the amount but, the OP after receiving the notice send by the complainants, failed to repay the same or replied the notice.  The documents produced at Ex.A-1 to A-6 clearly shows that, the complainants have intend to purchase sites from the OP and further the OP has collected Rs.7,000/- from the complainants and the OP agreed in its version that, they have collected Rs.7,000/- from the complainants.  When the OP accepts for collecting the amount and further the OPs have failed to form the sites and failed to execute the registered sale deed in favour of the complainant after collecting the remaining amount and the OP has not send any notice to the complainants or given reply to the notice send by the complainants as to whether the OPs have already formed the sites and they are ready for registration.  Hence, the OP has committed deficiency of service in returning the amount collected from the complainants.    Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- 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 hereby partly allowed.

It is ordered that the OP is hereby directed to pay a sum of Rs.7,000/- to the complainants which was collected from them along with interest @ 9% p.a from the date of collecting the amount till realization.

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

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 30/06/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

 

PW-1:  Complainant No.1 by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

 

DW-1:- Sri. Ramesh Babu, the Manager of the OP by way of affidavit evidence.

 

Documents marked on behalf of Complainants:

01	Ex-A-1 & 2:-	Installment paid receipts
02	Ex-A-3 & 4:-	Deed of Agreements
03	Ex-A-5:-	Legal Notice
04	Ex.A-6:-	Courier receipt
05	Ex.A-7:-	Payment Schedule
06	Ex.A-8:-	Pass Books

 

Documents marked on behalf of OP:

01	Ex-B-1 & 2:-	Applications dated 13.12.2010
02	Ex-B-3:-	Sale Deed dated 16.06.2017
03	Ex-B-4:-	Form 9
04	Ex.B-5:-	Form 11 A
05	Ex.B-6:-	Advertisement

 

 

MEMBER                                                            PRESIDENT

Rhr**