BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.169/2020 DATED 2nd DAY OF JULY-2022 |
BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mrs. YASHODA BHASKAR PATIL, WOMAN MEMBER B.Com, L.L.B(Spl.,) M.Ed., HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER |
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Complainants/s: 1. Smt. Mehaboobi W/o Abdul Khadarsaheba Mulgund,
Age: 72 Years, Occ:Household,
R/o Kariyammanakall Extention, Gadag,
Dist: Gadag.
2. Smt. Noorjahan W/o Alisab,
Age: 49 Years, Occ:Household,
R/o Hosapete, Dist: Bellary.
3. Smt. Naseema W/o Rajesab Naikara,
Age: 48 Years, Occ:Household,
R/o Kariyammanakall Extention, Gadag,
Dist: Gadag.
4. Mynuddin S/o Abdul Khadarsaheba Mulgund, Age: 45 Years, Occ: Private Work, R/o Hangal, Dist: Haveri.
5. Basheer Ahammed S/o Abdul Khadarsab Mulgund, Age: 42 Years, Occ: Private Work,
R/o Hangal, District: Haveri.
6. Makbool Ahammed S/o Abdulkhadarsaheb Mulgund,
Age: 40 Years, Occ: Advocate,
R/o Kariyammanakall Extention, Gadag,
Dist: Gadag.
7. Smt. Rajeeya W/o Rasheed Ahammed Doddamani, Age: 35 Years, Occ:Household,
R/o Hangal, Dist: Haveri.
(Rep. by Sri.B.B. Magadi, Advocate)
V/s
Respondents :- | | 1. The Managing Director, Welfare Building and Estate Pvt. Ltd., Register No.01-31253 (98-99), No.7, I Floor, Rajarama Mohanrai Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530003, Fax:666443, Andhrapradesh. (Absent) 2. The Managing Director, Vijayaprasada Malla S/o Joseph Naidu, represented by its GPA, Vijayachandra, Welfare Building and Estate Pvt. Ltd., Register No.01-31253 (98-99), Corporate Office, 10/1, No.13/123, Welfare Complex, RTC Complex, Asilmetta, Vishakapattanam-530003, Andhrapradesh. (In-person) 3. The Zonal Branch Manager, Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8, 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad. (Absent) 4. The Manager, Welfare Building and Estate Pvt. Ltd., Gadag Branch, R/o Gadag-Betgeri, Vakila Chala, Dist: Gadag. (In-person) 5. K.R. Vijayachandra, Welfare Building and Estate Pvt. Ltd., Represented by its in-charge/GPA Holder, Shinde Complex, Shop No.176, Nilizen Road, Hubli, Dist: Dharwad. (Absent) |
JUDGEMENT
JUDGEMENT DELIVERED BY SRI. RAJU. NAMADEV METRI: MEMBER
The complainants have filed the complaint U/Sec.35 of the C.P. Act, 2019 to direct the OPs to execute sale deed in respect of Plot No.90, alternatively prayed to refund the entire amount of Rs.1,80,000/- with interest @ 18% p.a, towards mental agony Rs.2,00,000/- with cost of the proceedings.
The brief facts of the complaint are as under:
2. The husband of the complainant No.1 Abdul Khadarsaheb Mulgund has purchased land at Devagiri village in Haveri Taluk bearing Sy.No.210/1, 210/2 and 207/A and converted the same into NA KJP plots. Plot No.90 was allotted to the husband of complainant No.1 for a sum of Rs.1,80,000/-. The husband of the complainant No.1 paid Rs.20,000/- on 31.08.2010, Rs.20,000/- on 08.11.2010, Rs.10,000/- on 05.12.2010, Rs.10,000/- on 12.03.2010, Rs.20,000/- on 29.06.2010 and Rs.1,00,000/- on 05.06.2013, in all Rs.1,80,000/- was paid to OP No.2 respectively and obtained cash receipt bearing No.3765, 3589, 6057, 3291, 5271 and cash payment acknowledgement for the amount being received. After the death of Abdul Khadarsaheb Mulgund, complainant No.1 to 7 have requested and demanded OPs to execute the sale deed in respect of Plot No.90. But, the OPs did not heed their request. Hence, filed this complaint.
3. In pursuance of service of notice, OP No.1, 3 and 5 have remained absent and OP No.2 and 4 appeared in person and OP No.4 filed written version.
4. The brief facts of the written version filed by OP No.4 are as under:
OP No.4 admitted that, they have entered into an agreement to sell the plot and received the entire amount. After converting the land into NA KJP, there is a delay in development of the plots due to technical obstruction, thereby they were unable to execute the sale deed and there is no intention to refuse to execute the sale deed. There is no negligence or deficiency of service committed by them and prays for dismissal of the complaint.
5. To prove the case, complainant No.6 filed affidavit evidence and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-19. One Sri. Annadanappa Shivappa Bisanalli OP No.4 filed affidavit and was examined as RW-1 and no documents are produced or marked. Complainants and OP No.4 filed their interrogatories to each other.
6. Counsel for complainants argued. No argument was advanced by the OPs as no representation being made out.
7. The points for our consideration arose are as under:
i) Whether the complainants prove that, OPs have committed deficiency of service?
ii) Whether the complainants prove that, he is entitled for the relief?
iii) What order?
8. Our findings on the above points are as under:
Point No.1: In Affirmative.
Point No.2: Partly in Affirmative.
Point No.3: As per final order.
REASONS
9. Point No.1 & 2:- The points are taken together to avoid the repetition of facts. The learned counsel for complainants argued that, as per evidence of PW-1 and the documents Ex.C-1 to Ex.C-19, complainants proved his case and is entitled for the relief.
10. On careful perusal of the materials placed before us, PW-1 has filed affidavit in-lieu of his chief examination and reiterated the contents of the complaint. PW-1 has stated that, he is residing at Hangal and OPs’ company is a developer, purchased land at Devagiri village in Haveri Taluk bearing Sy.No.210/1, 210/2 and 207/A and converted the same into NA KJP plots. Plot No.90 was allotted to the complainants for a sum of Rs.1,80,000/-. The complainants paid Rs.20,000/- on 31.08.2010, Rs.20,000/- on 08.11.2010, Rs.10,000/- on 05.12.2010, Rs.10,000/- on 12.03.2010, Rs.20,000/- on 29.06.2010 and Rs.1,00,000/- on 05.06.2013, in all Rs.1,80,000/- was paid to OP No.2 respectively and obtained cash receipt bearing No.3765, 3589, 6057, 3291, 5271 and cash payment acknowledgement for the last amount paid. In spite of repeated requests and demands, OPs did not execute the sale deed in respect of Plot No.90.
11. Ex.C-1 to Ex.C-6 are the receipts issued by OP for having received the advance amount paid on the respective dates and Ex.C-7 to Ex.C-19 are not disputed by the OPs. A copy of the notice issued by the counsel for complainants dated 12.09.2018 reveals that, prior to filing the complaint, complainants requested the OPs to execute the sale deed after receiving the entire amount. However, OPs did not execute the sale deed. OPs issued reply notice in favour of counsel for complainants on 19.09.2018, it reveals that, OP requested to send details of customers and subscription number. Complainants produced paper publication issued through this Commission for service of notice which are produced. Ex.C-19 copy of the sale deed is executed by Vijaychandra, GPA holder of Vijayprasad Malla S/o Joseph Naidu in favour of his wife Smt. Laxmi, it clearly reveals the intention of the OPs to avoid the executing a sale deed in favour of complainants. In the affidavit and written version of RW-1 admitted the ownership of the plots and entered into an agreement to sell the plot in favour of complainants for Rs.1,80,000/- and also entire amount was received from the complainants. RW-1 is not disputing the case of the complainants. The only contention is that, due to technical problem there is a delay in developing the plots after converting the lands into NA. It is the bounden duty of the OPs to execute the sale deed as per agreement after developing the plots. The conduct of the OPs clearly goes to show that, they have neglected and intentionally dragging for executing the sale deed, even though complainants has already paid the entire amount. For the above, the complainants has proved that, OPs have committed gross negligence and deficiency of service for executing the sale deed. So far as the relief is concerned, PW-1 stated that, he has already paid the entire amount and requested to direct the OPs to execute the sale deed or alternatively complainants is seeking refund of entire amount with interest. Even though, parties entered into an agreement in the year 2010, since OPs have not made any efforts to develop the sites and execute the sale deed. Taking into consideration the conduct of the OPs the delay in developing the sites, it is proper to direct the OPs to refund the entire amount with interest at the rate of 6% p.a from the date of last installment amount paid to the OPs. Of course, complainants has not paid the entire amount in lump sum, he has paid 6 installments and hence, he is entitled for interest from the date of last installment dated 05.06.2013 till realization. Accordingly, we answer Point No.1 in affirmative and Point No.2 in partly affirmative.
12. Point No.3:- In the result, we pass the following:
//O R D E R//
The complaint filed U/Sec.35 of the Consumer Protection Act, 2019 is hereby partly allowed.
Complainants are entitled for a sum of Rs.1,80,000/- with interest @ 6% p.a from 05.06.2013 till realization.
Complainants are also entitled for a sum of Rs.18,000/- towards mental agony and Rs.2,000/- towards cost of the proceedings.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 2nd day of July-2022),
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANTS/S:
PW-1: Makbulahammed Abdulkhadarsaheb Mulgund.
DOCUMENTS ON BEHALF OF COMPLAINANTS/S
Ex.C-1 to 5: Installment paid receipts
Ex.C-6: Acknowledgement for having received Rs.1,00,000/-
Ex.C-7: Legal Notice
Ex.C-8: Unserved Postal Cover
Ex.C-9 to 11: Postal Acknowledgements
Ex.C-12 to 16: Postal Receipts
Ex.C-17:Reply to notice issued by Advocate for complainants
Ex.C-18: Form No.11A
Ex.C-19: Agreement of Sale
EVIDENCE ON BEHALF OF OPs:
RW-1:Annadanappa Shivappa Bisanalli
DOCUMENTS ON BEHALF OF OPs:
-NIL-
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
