BEFORE THE DISTRICT CONSUMER      

       DISPUTES REDRESSAL FORUM, DHARWAD.

COMPLAINT NO.04/2017

Date:  25^th day of July- 2017

   P r e  s e n t: 

Smt.C.H.Samiunnisa Abrar, B.A., LLB   :  President

Sri.B.S.Keri, B.A., LLB (Spl)                  :   Member

  V/s

                                                         JUDGMENT DELIVERED BY            

Smt C.H.SAMIUNNISA ABRAR  PRESIDENT:

The complainant has filed this Complaint against the Opposite Party (herein after referred in short as OP) u/s 12 of Consumer Protection Act, 1986 alleging deficiency in service against the OP’s.

                                                                -::Brief fact of the Complaint::-

2.    The brief fact of the case is that the complainant purchased a plot from OP’s who were selling plots under the name and style of M/s Bridavana City OP’s No.2 and 3 are managing partners of the same Complainant has entered in to an agreement with the OP’s for purchase of site Bearing No.99 in the layout called “Bridavana City” Measuring 12,000sq ft. situated at survey No.1821 at Mummigatti, Dharwad Tq & Dist for Rs.4,56,000/- and paid an advance amount of Rs.1,89,000 on 15.11.2012 and agreement was signed on 16.11.2012.

3.      Further Complainant submits that the Complainant made several enquiries with the OP’s in order to get register the sale deed executed in favor of Complainant, but after some days Complainants came to know that the said land has not been converted NA land, hence complainant request the OP’s several times to execute the sale deed after conversion but OP’s did not heed to the request of the Complainant, hence Complainant got issued a legal notice on 28.09.2015 OP’s did not replied but orally requested the complainant to wait/some more base Hence complainant filed this complaint praying to order the OP’s to provide a Plot as agreed in sale agreement to the complainant or else to pay the amount 1,89,000 with interest of 18 % and other reliefs.

4.  The forum registered the Complaint and notice of ordered as such OP’s appeared through his advocate and filed his Vakalat and Written Version.

Brief facts of the Written Version of OP’s:

5.      That the OP’s had denied the Complaint filed by the Complainant and  submits that in the year 2011 Hubli-Dharwad urban development Authorities had started enhancement of city development plan due to these, Op’s respondent cannot change the lad for Non-Agriculture purpose and rejected the same by the city development authorities and further submits that due to government laws the delay was caused there is no fault of OP’s due to the act of CDP the OPs are under loss and further submits that OP’s are ready to return the amount to the Complainant, and submitted that if six months’ time is provided for repayment OP’s are ready to pay an interest @ 6% p.a. hence pray to dismiss the Complaint in the ends of Justice and equity.

6.     In the background of the above said pleadings, the Complainant filed his affidavit and produced following EX C-1 to C-3. The documents produced are:

1. EX C-1 Special Power of Attorney.

2. EX C-2 Sale Agreement.

3. EX C-3 Legal Notice.

7.      On the other hand, OP’s filed the Written Version and filed affidavit of OP’s No.3 and swear behalf of other Op’s also.

8.      On perusal of above documents and arguments heard on both the sides, we conceived that the dispute is regarding execution of sale deed of plot. This being the pleadings, the points arises before us for adjudication are as follows:

Our Answer to the above Points are:-

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.3 - As per the final order.

9.      On consideration of pleading, objection, evidence, documents and arguments of the parties, we answer the above points as under:

                       -::R E A S O N S::-

    10.  POINT NO.1 and 2:  Since the point No.1 and 2 are identical and to avoid the repetition of the fact we consider both the points together for discussion.

     11.    The complainant filed this complaint against the OP’s for execution of deed of plot which has been agreed by the OP’s and complainant had paid the advance amount of Rs.1,89,000/- to the OP’s in the year 2012 and Op acknowledge the same and prayed time of 6 months to return the amount and said that OP’s are ready to pay interest @ 6% p.a.

     12.    This is the undisputed fact that the OP’s had received advance amount of Rs.1,89,000/- Question which arises for consideration is as to whether the complainant is entitled for interest as per the prayer and at what rate on the amount paid by him to the OP’s here the Op have not denied to pay the interest, OP’s are ready to pay interest @ 6% on advance amount, as per the agreement OP’s has to convert the land for Non-Agriculture purpose the Pocession of the flat was required to be delivered to the Complainant within 24 months of the execution of the agreement, Meaning there by the Pocession was required to be delivered in the year 2014 itself, the Pocession of the plot is yet to be deliver. At this stage the OP’s are ready to refund the amount to the Complainant. They wrongfully and unjustly utilized the money paid to them by the Complainant for more than 4 years by retaining the same for more than 2 years against the stipulated period of 2 years. As a result, the Complainant had to block their money for the access period of more than 2 years without getting pocession of the plot which Complainant had booked with the OP’s. By delaying to deliver the pocession of the plot, the OP’s had utilized the money paid to them by the Complainant though OP’s could have utilized the same for only 2 years from the date of agreement. Therefore there is no reason why the OP’s should not pay suitable interest to the Complainant on the amount which they unjustly utilized for more than 4 years, the current rate of interest on mortgage loan is about 13 to 14 % per annum. The OP’s who are the real estate dealer could not have obtained finance at that rate and could have paid higher interest, had they taken loan from a bank. They cannot be allowed to use the money of the Complainant at a nominal or inadequate rate of interest. Otherwise, they will have no incentive to complete the NA work, happy as they will be on getting finance at interest lower than the interest rate of interest for the real estate businessman. Hence complainant is liable for interest at 12% per annum since, we answer Point no.1 in Affirmative, Point no.2 is Partly Affirmative.

13.  POINT NO.3:- For the reasons stated here in above, the Complaint is disposed of with the following orders.                    

-::ORDER::-

1. The Complaint filed by the Complainant is Partly Allowed.
2. OP’s are directed to pay interest @ 9% per annum to the Complainant from the date of filling this complaint on an amount of Rs.1,89,000/- (Rupees One Lakh Eighty Nine thousand Only) within 30 days failing which OP’s are directed to pay interest @ 12% till realization.
3. Further OP’s are directed to pay compensation of Rs.10,000/-(Rupees Ten thousand Only) towards mental agony and harassment and Rs.1,000/- (Rupees One thousand Only) towards litigation charges.
4. Send a copy of this Order to both the parties free of cost.