Date of Filing : 12.11.2010
Date of Order : 16.09.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 16th SEPTEMBER 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2573 / 2010
Rajath Aggarwal,
Aged about 33 years,
S/o. Brijbhushan Aggarwal,
R/at: SC-303, Shriram Spandana Apartments,
Challaghatta,
Bangalore – 560 037.
Presently residing at No. 502, Veera Block,
S.J.R. Variety, Sy. No. 22/1, Keshavanahalli,
Village, Varthur Hobli,
Bangalore South Taluk. ……. Complainant
V/s.
The Manager,
M/s. Puravankara Project Ltd.,
No. 130/1, Ulsoor Road,
Bangalore – 560 042. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
Brief facts of the case are that Complainant being attracted with the advertisement given by the OP decided to purchase Apartment at “Purava Skywood”, Kudlu Village, Sarjapura Hobli, Anekal Taluk, Bangalore District and entered into a sale agreement with the OP. The Apartment allotted to the Complainant was WE-1105 which was in 11th Floor. The cost of the Apartments was Rs.50.00 Lakhs. Complainant has paid Rs.1,00,000/- on 01.07.2010 through Cheque towards initial payment and also paid Rs.42,570/- on 13.07.2010. The Complainant on coming to know that OP was not in a position to complete the project, he requested the OP to cancel the agreement and to refund the amount. Even though OP promised to return the amount in the event of cancellation of agreement, OP has failed to return the amount. In the copy of the terms & conditions produced by the OP, at paragraph 9 it has been mentioned that in the event of cancellation of agreement the amount will not be refunded, the fact of which was not informed to the Complainant by the OP at the time of making initial payment. This act of the OP amounts to deficiency of service. Hence filed the Complaint seeking direction to the OP to refund Rs.1,42,570/- and Rs.50,000/- as compensation along with interest.
2. OP filed version admitting the advance payment of Rs.1,00,000/- and Rs.42,570/- towards stamp duty made by the Complainant. Agreements were sent to the Complainant for signature purpose, but the Complainant has not returned the same. Complainant has sent cancellation letter on 30.08.2010 requesting OP to refund the amount. Also Complainant started making unreasonable demands, demanding refund of the stamp duty. The cost of the Apartment was Rs.50,71,841/-. As a gesture of goodwill, OP was agreed to refund Rs.1,00,000/-, but not stamp duty as it was already paid to the office of the Sub Registrar. There is no deficiency of service on the part of OP. Therefore, OP prayed to dismiss the Complaint.
3. Heard the arguments.
4. Points for consideration are as under:
(1) Whether the Complainant has proved deficiency of service on the part of OP?
(2) Whether the Complainant is entitled for the relief?
(3) What order?
5. During the pendency of the case, OP paid Rs.1,00,000/- to the Complainant through Cheque and Complainant received the same on 23.03.2011. Therefore, there is no dispute in respect of refund of Rs.1,00,000/- towards booking amount paid by the Complainant. The only point for consideration is whether the Complainant is entitled for Rs.42,570/- paid by him to the OP towards Stamp Duty. The Learned Counsel for the OP admitted that on 13.07.2010 Complainant has given Cheque for Rs.42,570/- towards Stamps Duty for execution of agreement of sale and construction agreement. Complainant himself has produced Xerox coy of the agreement of sale dtd. 09.08.2010. On the said document, there is an endorsement made by the Deputy Commissioner of Stamps and Sub Registrar, Sarjapur Hobli, Sarjapura, Anekal Taluk, Bangalore District. As per the adjudication certificate / endorsement, it is clear that a sum of Rs.11,971/- was paid through DD for purchase of Stamp papers. Complainant has also produced construction agreement dtd. 09.08.2010 and on this document also there is an endorsement / adjudication certificate by the Deputy Commissioner of Stamps. As per this Certificate, a sum of Rs.30,499/- was paid through DD on 09.08.2010. Total amount paid towards Stamps Duty comes to Rs.42,570/-, the amount claimed by the Complainant.
6. The Learned Counsel for the OP submitted that Complainant having cancelled the booking has demanded refund of booking amount through letter and OP was always ready to refund the booking amount. Accordingly, booking of Rs.1,00,000/- was refunded to the Complainant. The Learned Counsel for the OP submitted that Rs.42,570/- was paid towards Stamps Duty and accordingly the said amount has been credited to the government through DD and to that effect Deputy Commissioner of Stamps has made an endorsement and given adjudication certificate. Therefore, the question of refund of this amount does not arise at all. If at all the Complainant wants refund of amount, since agreement of sale and construction agreement have not been executed by the parties, he has to approach the Deputy Commissioner of Stamps and seek refund of the amount since the Stamps Duty was paid in the name of the Complainant himself and endorsement / adjudication certificate is also given to the Complainant. The Complainant is the proper person to seek refund of stamps duty from the government. Therefore, it is upto the Complainant to seek refund of Stamps Duty on the ground that agreement of sale and construction agreement have not been executed. Under these circumstances, there is absolutely no deficiency of service on the part of OP. Therefore, the question of asking the OP to refund the amount does not arise at all. The Complainant having failed to prove deficiency of service on the part OP, no relief can be granted to him. However, it is upto the Complainant to seek refund of the amount paid towards Stamps Duty from the Deputy Commissioner of Stamps as per the Law. I hope the Deputy Commissioner of Stamps will pass orders in accordance with Law. With these observations, I proceed to pass the following:
ORDER
Complaint is dismissed. No order as to costs.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 16th day of September 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
