BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 22nd DAY OF JULY 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
COMPLAINT NO. 328/2019
1. | Sri N. Govardhanan, Aged about 59 years, S/o Late N. Narayanan, | .…… Complainant/s |
2. | M.R.S. Malathi, Aged about 57 years, W/o Sri N. Govardhanan, Both are residents of Bengaluru and residing at F-9, Crimsontide Apartment, No.1, 6th ‘A’ Cross, Gangamma Layout, Guddadahalli, R.T. Nagar Post, Bengaluru 560 032. (By Sri K.N. Praveen Kumar) | |
V/s
1. | UNISHIRE, A Private Limited Company, Having its office at No.36, Railway Parallel Road, Nehru Nagar, Kumarapark West, Bengaluru 560 020, And also at No.42, Castle Street, Ashok Nagar, Bengaluru 560 050, Rep. by its Managing Director, Also claimed as Unishire Lifestyle Dwellings LLP Alleged Limited Liability Partnership Concern, Rep. by its Managing Partners/ All Partners. | ... Opposite Party/ies |
2. | Sri Kirti.K.Mehta, Chairman, ‘Unishire’, A Private Limited Company and Managing Partner of Unishire Lifestyle Dwellings LLP, Having its office at No.36, Railway Parallel Road, Nehru Nagar, Kumarapark West, Bengaluru 560 020, And also at No.42, Castle Street, Ashok Nagar, Bengaluru 560 050. | |
3. | Sri Pratik.K. Mehta, Managing Director, ‘Unishire’ A Private Limited Company and Partner of Unishire Lifestyle Dwellings LLP, Having its office at No.36, Railway Parallel Road, Nehru Nagar, Kumarapark West, Bengaluru 560 020, And also at No.42, Castle Street, Ashok Nagar, Bengaluru 560 050. (Placed exparte) | |
ORDER
Mr. RAVISHANKAR, JUDICIAL MEMBER
1. This is a complaint filed by the complainant praying for a direction against the Opposite Parties to complete the agreed construction with all amenities, documents of title, possession, occupation and all other necessary certificates and also to pay compensation of Rs.49 lakhs with interest at 12% p.a. to the complainant.
2. The averments in the complaint are as hereunder;
It is the case of the complainant that enticed by the glittering brochures and advertisements made by the Opposite Parties regarding “Unishire Triumph” Project bearing Sy.No.85/6 & 85/7B, Double Road, Jakkur Village, Yelahanka Hobli, Bengaluru, the complainants have booked one flat No.A0802 Type-2 measuring 1125 sq.ft. super built up area with proportionate undivided share of land with one car parking slot for a total sum of Rs.53,46,049/-. The complainant had paid in all Rs.26,00,000/- by way of cheques on different dates towards part payment of the sale consideration for the above flat for which the Opposite Parties have issued an allotment letter dt.26.05.2015. The Opposite Parties have assured the complainants that they will be intimated in writing once after plans are sanctioned by Planning Authority and on execution of supplemental sharing agreement with land owners and specifically agreed that in case they fail to receive necessary plan sanctions within 10 months from the receipt of the advance, they would pay an interest amount of 12% p.a. until they get necessary sanctions or that would refund the advance amount paid by the complainants along with interest at 12% p.a. However, the Opposite Parties did not start the construction inspite of several visits and correspondences. Hence, the complainants with no other option, issued a legal notice to the Opposite Parties for which the Opposite Parties have given untenable reply. Hence, the complainants filed this complaint praying for the reliefs as prayed above.
3. On service of notice, the Opposite Parties appeared through his counsel, but, inspite of sufficient opportunity provided them, the Opposite Parties have not filed any version. Hence, the Opposite Parties placed exparte.
4. The complainants have filed their affidavit evidence and documents at Ex.C1 to C16 are marked. Heard advocate for complainant.
5. On perusal, the following points will arise for our consideration;
(i) Whether the complaint deserves to be allowed?
(ii) What order?
6. The findings to the above points are;
(i) Positive
(ii) As per final order
REASONS
7. On perusal of the affidavit evidence of the complainant and the documents produced before us, the complainant has reiterated the facts narrated in the complaint, therefore, it is not necessary to repeat the same. The complainant has produced Ex.C1 to C16, they are copy of the email correspondences, application dt.25.03.2015, allotment letter, receipts, legal notice and the details of Unishire Company dt.22.06.2019. On perusal of the affidavit evidence and documents, it is evident on the face of the record that the Opposite Parties inspite of receipt of amount from the complainants have failed to deliver the flat within a stipulated time as per the allotment letter. Therefore, it amounts to deficiency of service. The claim of the complainants has gone unchallenged and there are no strong reasons to discredit the same. Accordingly, the Opposite Parties shall execute the Sale Deed in favour of the complainants by receiving the balance sale consideration and give possession of the flat within a stipulated time as agreed with all amenities or complainants are entitled for refund of amount paid in a sum of Rs.26 lakhs along with interest at the rate of 12% p.a. from the date of respective payments, till the date of actual realization. Apart from that the complainant is entitled to a sum of Rs.2,00,000/- as compensation for the delay caused by the Opposite Parties. Therefore, the claim of the complainants for recovery of the amount is supported by the affidavit evidence along with documents. Accordingly, the complaint requires to be allowed. Hence, the following;
ORDER
The complaint is hereby allowed with costs of Rs.25,000/-.
The Opposite Parties are hereby directed to execute the Sale Deed in favour of the complainants by receiving the balance sale consideration and give possession of the flat within 45 days with all amenities.
If fail to comply the said Order, the Opposite Parties are directed to refund amount paid in a sum of Rs. 26 lakhs along with interest at the rate of 12% p.a. from the date of last payment, till the date of actual realization.
The Opposite Parties are further directed to pay a sum of Rs. 2,00,000/- as compensation for the delay caused.
The Opposite Parties are granted further 30 days time to comply the same from the date of this Order.
Forward free copies to both the parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
