BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.177/2020 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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Complainant/s: Mohammed Ismail S/o Abdulkhadar Naregal, Age: 48 Years, Occ: Business,
R/o Ganganagar, Taluk: Hangal,
District: 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 complainant has 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.92, alternatively prayed for refund the advance amount of Rs.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 complainant is residing at Hangal and OPs’ company is a developer. They have 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.189 was allotted to the complainant for a sum of Rs.1,80,000/-. The complainant 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, in all Rs.80,000/- was paid to OP No.2 respectively and obtained cash receipt bearing No.3764, 3588, 6058, 3292, 5272 and agreed to pay the remaining amount of Rs.1,00,000/- at the time of registration of the plot. In spite of repeated requests and demands, OPs did not execute the sale deed in respect of Plot No.92. Hence, filed this complaint.
3. In pursuance of service of notice, OP No.1, 3 and 5 are 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 an advance 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 filed affidavit evidence and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-5. One Sri. Annadanappa Shivappa Bisanalli on behalf of OP No.4 filed affidavit and was examined as RW-1 and no documents produced or marked. Complainant and OP No.4 filed their interrogatories to each other.
6. Counsel for complainant 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 complainant proves that, OPs have committed deficiency of service?
ii) Whether the complainant proves 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 complainant argued that, as per evidence of PW-1 and the documents Ex.C-1 to Ex.C-5, complainant proved his case and 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.92 was allotted to the complainant for a sum of Rs.1,80,000/-. On 31.08.2010, complainant paid Rs.20,000/-, 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, in all Rs.80,000/- to OP No.2 and obtained cash receipt bearing No.3764, 3588, 6058, 3292, 5272 and agreed to pay the remaining amount of Rs.1,00,000/- at the time of registration of the plot. In spite of repeated requests and demands, OPs did not execute the sale deed in respect of Plot No.92.
11. Ex.C-1 to Ex.C-5 are the receipts issued by OP for having received the advance amount paid on the respective dates. A copy of the notice issued by the counsel for complainant dated 12.09.2018 reveals that, prior to filing the complaint, complainant requested the OPs to execute the sale deed after receiving the remaining balance. However, OPs did not execute the sale deed. OPs issued reply notice in favour of counsel for complainant on 19.09.2018, it reveals that, OP requested to send details of customers and subscription number. Complainant produced paper publication issued through this Commission for service of notice which are produced. 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 complainant for Rs.1,80,000/- and also an advance amount was received from the complainant. RW-1 is not disputing the case of the complainant. 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 complainant is ready to pay the remaining balance amount. For the above, complainant 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 is ready to pay the remaining balance amount of Rs.1,00,000/- and requested to direct the OPs to execute the sale deed, alternatively complainant is seeking refund of advance 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 advance amount with interest at the rate of 6% p.a from the date of last installment amount paid to the OPs. Of course, complainant has not paid the advance amount in lump sum, he has paid 5 installments and hence, he is entitled for interest from the date of last installment dated 29.06.2012 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.
Complainant is entitled for a sum of Rs.80,000/- with interest @ 6% p.a from 29.06.2012 till realization.
Complainant is 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 COMPLAINANT/S:
PW-1: Mohammed Ismail Abdulkhadar Naregal
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 to 5: Installment paid receipts
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
