BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 05^TH DAY OF FEBRUARY 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1.  Direct the OP to pay the entire amount of Rs.5,40,000/- with interest at 26% p.a., and compensation of Rs.1,00,000/- for mental harassment and anticipation.
2. Order to pay cost of Rs.25,000/- and pass such other orders.

2. The case set up by the complainant in brief is as under:-

The complainant entered into an agreement with the OP to purchase a site in Vayuja Council Gardens, situated at Hoovinayakanahalli Village, Bengaluru Rural District, which inclusive of water line, through bore well, electricity, drainage system tar roads and street lights etc., measuring 30X40 feet.

3. The complainant has paid an amount of Rs.2,000/- to the OP on 26.12.2007 towards booking and an advance amount of Rs.2,50,000/- through DD on 28.12.2007.  The OP has issued receipt for payment and again the complainant has paid Rs.2,90,000/- on 08.02.2008 and the OP has also issued the receipt for having received the amount.  The complainant entered into an agreement on 08.02.2008 after paying an amount of Rs.2,90,000/- and the balance amount of Rs.1,80,000/- will be paid at the time of execution of the sale deed and the total consideration amount is Rs.7,20,000/-.   

4. It is the specific case of the complainant that there is a clause in the agreement of sale if the purchaser wants to cancel the site the amount will be refunded. Here the complainant has not cancelled the site and she agreed to purchase and register the site but till today the OP have not register any site in his name nor returned the amount of Rs.7,20,000/- paid by him.

5. The complainant has waited for more than 14 years and 8 months after paying the amount.  The complainant has paid the amount believing the promise and words and facilities offered by the OPs. In view of the due act and attitude of the OP the complainant and her family members have deprived to have a residential house and enjoy the facilities and amenities. The OP is not at all responding to any of the calls or communications and now they are threatening the complainant and family members to drop all the charges against them.  Hence the complainant has filed this complaint.

6. In response to the notice, OP1 and 2 remained absent and placed exparte.

7. Inspite of given sufficient opportunity the complainant remained absent and not led any evidence and submitted arguments. This commission after perusal of the complaint and documents has posted this matter for orders.

8. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

10. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint and documents. Inspite of issue of notice to the OPs, OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

11. The allegations made in the complaint clearly discloses that the complainant agreed to purchase the site in the proposed layout of the OP situated at Vayuja Council Gardens, Hoovinayakanahalli Village, Bengaluru Rural District, measuring 30X 40 feet for a total consideration of Rs.7,20,000/-.  The complainant has paid the amount of Rs.5,40,000/- through DD and cheques in favour of the OP from 26.12.2007 to 28.05.2008.  The complainant has also entered into an agreement with the OP on 08.02.2008.  Even though the OP has received substantial amount towards advance sale consideration has neither formed the layout nor refunded the money till today. The complainant has waited more than 14 years 08 months at the time of filing of this complaint in the year 2022.

12. The OP cannot retain the amount without allotting the site or without refunding the amount in favour of the complainant.  If the OP is unable to form any site or layout it is their duty to return the amount. Instead of returning the amount the OP has committed deficiency of service and unfair trade practice. In view of the act committed by the OP the complainant and her family members are deprived to have a residential house in Bangalore and thereby they have suffered mental agony, disappointment. Hence the complainant has clearly established the deficiency of service and unfair trade practice on the part of the OP.  Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

13. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OPs are hereby directed to refund the entire amount of Rs.5,40,000/- with 12% per annum from the date of respective payment till realization.
3. The OPs are further directed to pay compensation of Rs.50,000/- with litigation cost of Rs.10,000/- to the complainant.
4. The OPs shall comply this order within 60 days from this date, failing which the OP shall pay interest at 14% p.a. after expiry of 60 days on Rs.5,40,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 05^TH day of FEBRUARY 2024)