Karnataka

Chitradurga

CC/120/2017

Dr.P.Umamaheshwarappa - Complainant(s)

Versus

The Managing Director,Sri siva sai developers - Opp.Party(s)

07 Feb 2018

ORDER

COMPLAINT FILED ON:24/11/2017

DISPOSED      ON:07/02/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 120/2017

 

DATED: 7^th FEBRUARY 218

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.N-92)   2. Dr. P. Umamaheshwarappa, (Membership No.N-45)   3. Mrs. Tunga, W/o Dr. P. Umamaheshwarappa, (Memer Ship No.H-02), 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 Siva Sai Developers, Chamber of Commerce Road, H.No.129, Gandhi Nagar, Opp: APMC, Bangalore Road, Challakere, Chitradurga.   (ex-parte)

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.2,55,000/- with interest @ 2% p.m, i.e., Rs.3,10,000/-, Rs.3,50,000/- towards mental agony, sufferings, loss of mental peace, annoyance etc., and Rs.50,000/- towards notice charges court fee and expenses and  such other reliefs.   

2.      The brief facts of the case of the above complainants are that, they are the permanent residents of Hiriyur town.  OP is a company by name Sri. Siva Sai Developers, Chamber of Commerce Road, House No.129, Gandhi Nagar, Opp: APMC, Bangalore road, Challakere.  The OP has invited to sell the sites to the public under installment basis.  As per the advertisement announced by the OP, the complainant intended to purchase the plots measuring 30 X 40 feet from the OPs under installment basis.  As per the agreement made between the parties, the complainant No.1 has obtained membership from the OP in F-45 and 92 and complainant No.3 has obtained membership from the OP in No.H-02.  As per the agreement entered into between the parties, the complainants have paid installment to the OPs for Rs.1,500/- p.m.  The installment starts from 06.10.2009.  As per the agreement, the complainants have paid Rs.1,500/- every month to the OP company and obtained receipts from the OP and finally, the complainants have paid nearly Rs.2,55,000/- to the OP company.  After receiving the amount from the complainant, the OP Company has not sanctioned any sites to the complainants.  Later due to non-allotment or registration of the sites, the complainants have stopped further payments.  The complainants have got the some doubt about the OP.  After depositing of the amount, the complainant has tried to trace out the office of the OP but by that time, the OP has closed their office and went out from the address.  Then the complainant has lodged so many complaints before the concerned Police.  Till today, the OP is not yet traced out.  After that, the complainant has send the notice to the OP to Challakere address.  The notice sent by the complainants returned with a share that, the addressee not found in the given address.  Hence, complainants have filed this complaint against the OP for deficiency of service in sanctioning the sites and prayed for allow the complaint.

3.      After registering of the case, the notice has been sent to the OP, the same was returned with a shara that, address is not residing in the given address.  After that, the complainants have taken steps through paper publication.  By that time also, the OP remained absent and hence, the OP turned absent and placed ex-parte.

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-61 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 complainant proves that the OPs have committed deficiency of service for non-allotment of sites to the complainants and entitled for the reliefs as prayed for in the above complaint?

              (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 have paid Rs.2,55,000/- to the OP for the purpose of purchasing the sites from the OP on installment basis.  The complainants have paid nearly Rs.2,55,000/- on different scheme to the OP.  The OP has issued receipts to the complainants for receiving of the installments every month and as per exhibits, the OP has received Rs.2,55,000/- from the complainants.  After paying the amount to the OP, the complainants have went to the office of the OP asking to come and execute the registration of the plots.  By that time, office of the OP has been closed.  The complainant has not trace out the OP.  After that, the complainants have lodged a complaint before the concerned Police.  Finally, the complainants have sent notice to the OP to the address given by him.  The notice sent by the complainants returned stating that, the OP is not found for 7 days in the given address and office of the OP is door locked.  Then the complainant has filed this complaint. 

9.   We have gone through the entire documents, affidavits and exhibits filed by the complainant.  As per the Ex,.A-1 to 3 clearly shows that, the complainants and OP have entered into an agreement.  Ex.A-1 clearly shows that, the complainant No.1 and OP have agreed to the contract that, the complainant has to pay the amount to the OP under installment scheme.  But, the OP failed to execute or allot the sites to the complainants.  The exhibits produced by the complainants are marked as Ex.A-1 to A-61 those documents are clearly shows that, the complainant has entered into an agreement with the OP and paid the amount of Rs.2,55,000/- for the purpose of purchasing the sites but, the OP has not allotted the sites and register the sites in favour of complainants which is a deficiency in service.  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 partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.2,55,000/- to the complainant along with interest at the rate of 12% p.a from the date of deposit of the installment till realization and compensation of Rs.50,000/-.

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 07/02/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1 to 3:-	Deed of Agreements
02	Ex-A-4 & 5:-	Pass Books
03	Ex-A-6:-	Courier Receipt
04	Ex.A-7:-	Returned Courier Cover
05	Ex.A-8:-	Paper Publication
06	Ex.A-9 to 69:-	Receipts

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

Rhr**