| Complaint Case No. CC/527/2021 | | ( Date of Filing : 28 Oct 2021 ) |
| | | | 1. GANESHAN RAJAN | | C/O T C MANJUNATH, 202, GULMOHAR RESIDENCY, TATA NAGAR, KODIGEHALLI MAIN ROAD, ADJACENT TO INDIAN OVERSEAS BANK, BANGALORE 560092, KARNATAKA |
| ...........Complainant(s) | |
| Versus | | 1. ZUARI INFRAWORLD INDIA LIMITED | | 1ST FLOOR, NO. 28 UNION STREET OFF CUBBON ROAD, BENGALURU 560001, KARNATAKA | | 2. VIKAS | | SALES EXECUTIVE, 1ST FLOOR, NO. 28 UNION STREET OFF CUBBON ROAD, BENGALURU 560001 | | 3. KIRAN | | SALES HEAD/MANAGER, SALES HEAD/MANGER, ZUARI INFRAWORLD , ADVENTZ CENTER 1ST FLOOR, NO. 28 UNION STREET OFF CUBBON ROAD, BENGALURU 560001, | | 4. MADHUSUDAN | | CRM, ZUARI INFRAWORLD , ADVENTZ CENTER 1ST FLOOR, NO. 28 UNION STREET OFF CUBBON ROAD, BENGALURU 560001 | | 5. AJAY | | HEAD,CRM ZUARI INFRAWORLD , ADVENTZ CENTER 1ST FLOOR, NO. 28 UNION STREET OFF CUBBON ROAD, BENGALURU 560001, |
| ............Opp.Party(s) |
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| Final Order / Judgement | Complained filed on 04.11.2021 | Disposed on:08.04.2022 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN) DATED 8th DAY OF APRIL 2022 PRESENT:- SRI.K.S.BILAGI | : | PRESIDENT | SMT.RENUKADEVI DESHPANDE | : | MEMBER | SRI.H.JANARDHAN | : | MEMBER |
Complainant/s | V/s | Opposite party/s | Shri Ganeshan Rajan, C/o T.C.Manjunath, 202, Gulmohar Residency, Tata Nagar, Kodigehalli Main Road, Adjacent to Indian Overseas Bank, Bangalore-560092, Karnataka. INPERSON | | 1. Zuari Infraworld India Limited (ZIIL), Managing Director/Authorized Signatory, Adventz Center, 1st Floor, No.28, Union Street, Off Cubbon Road, Bengaluru-560001. 2. Shri Vikas, Sales Executive, Zuari Infraworld, Adventz Center, 1st Floor, No.28, Uniion Street, Off Cubbon Road, Bengaluru-560001. 3. Shri Kiran, Sales Head/Manager, Zuari Infraworld, Adventz Center, 1st Floor, No.28, Uniion Street, Off Cubbon Road, Bengaluru-560001. 4. Shri Madhusudhan, CRM, Zuari Infraworld, Adventz Center, 1st Floor, No.28, Uniion Street, Off Cubbon Road, Bengaluru-560001. 5. Shri Ajay, Head CRM, Zuari Infraworld, Adventz Center, 1st Floor, No.28, Uniion Street, Off Cubbon Road, Bengaluru-560001. B.V.Gopal, Adv. |
ORDER SRI.K.S.BILAGI, PRESIDENT
1. This complaint has been filed under Section 35 of C.P.Act, 1986 2019(herein under referred as an Act) for the following reliefs against the OPs:- To direct the OP No.1 to refund the entire amount of Rs.1,00,000/- with interest at the market rate along with an amount of Rs.3,50,000/- as compensation in lieu of deficiency of service, unfair trade practice, loss of value of money and cost of the present litigation. 2. The case set up by the complainant in brief is as under:- The complainant has paid on advance amount of Rs.1,00,000/- by means of a cheque on 31.01.2021 towards the cost of the villa for Rs.64,00,000/-. But, OPs neither taken interest to develop the villa nor refunded the amount. The inaction of the OPs amounts to deficiency of service. 3. In response to the notice, the advocate appeared for the OPs, but failed to file version. 4. The complainant has filed his affidavit evidence and relies on certificate under Section 65 (B) of Evidence Act and relies on 18 documents. Heard the arguments of both the sides. 5. The following points arise for our consideration:- - Whether the complainant proves deficiency of service on the part of OPs?
- Whether the complainant is entitled to relief mentioned in the complaint?
- What order?
- Our answers to the above points are as under:
Point No.1: In the affirmative. Point No.2:- Partly in the affirmative. Point No.3: As per final orders REASONS - Point Nos.1 and 2: Even though, OPs appeared through counsel, but the allegations made in the complaint and evidence of the complainant remained unchallenged. It is proved from the oral and documentary evidence that the complainant made payment of Rs.1,00,000/- towards booking of villa on 2nd February 2021. There is an assignment agreement between Samir Behl, complainant and OP No.1. The draft sale deed is also produced. But, the OPs were supposed to develop villa and agreed value of the villa is Rs.64,00,000/-. Despite receipt of advance amount of Rs.1,00,000/- from the complainant, OPs failed to develop the sites. The complainant has made number of Email correspondence with OPs for refund of the amount. But, OPs failed to refund the amount. No reason is assigned by the OPs for non-refunding of Rs.1,00,000/-. When the OPs has not developed villa and not demanded the complainant to pay balance amount, OPs are not right to retain Rs.1,00,000/-. The OPs are liable to refund Rs.1,00,000/- to the complainant. The non-refund of booking amount of Rs.1,00,000/- amounts to deficiency of service on the part of OPs.
- The complainant claims compensation of Rs.3,50,000/- on the date of filing the complaint. Even though, he paid meager amount of Rs.1,00,000/- on 31.01.2021 out of the agreed consideration of Rs.64,00,000/-, the claim of Rs.3,50,000/- as compensation is not only exorbitant and it is beyond any reasonable grounds. The C.P.Act is enacted to safe guard the interest of the consumers and not with an intention to help the consumers to make exorbitant profit. Even though, complainant proves deficiency of service on the part of OPs, it is proper to award compensation of Rs.20,000/-, basing on the point of deficiency of service and considering prevailing rate of interest. The OPs are liable to refund Rs.1,00,000/- with compensation of Rs.20,000/- to the complainant.
- Point No.3:- Having regard to the discussion made on point Nos.1 and 2, complaint requires to be allowed in part. The OPs are liable to refund Rs.1,00,000/- with compensation of Rs.30,000/- and Rs.1,000/- towards cost of litigation to the complainant. We proceed to pass the following
O R D E R - The complaint is allowed in part.
- The OPs shall refund Rs.1,00,000/- with compensation of Rs.20,000/- and Rs.1,000/- towards litigation cost to the complainant.
- The OPs shall comply this order within 45 days from this date, failing which the OPs shall pay interest at 9% p.a. on Rs.1,00,000/- after expiry of 45 days till realization.
- Furnish the copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 8th April, 2022) (Renukadevi Deshpande) MEMBER | (H.Janardhan) MEMBER | (K.S.Bilagi) PRESIDENT |
Documents produced by the Complainant which are as follows:- 1. | Annexure A-Copy of receipt | 2. | Annexure B-Copy of picture showing property damages | 3. | Annexure C-Copy of assignment deed draft | 4. | Annexure D-Copy of sale deed draft | 5. | Annexure E-Copy of invalid POA | 6. | Annexure F-Copy of partially signed assignment deed | 7. | Annexure G-Copy of agreement to sell between assignors | 8. | Annexure H-Copy of new unregistered GPA | 9. | Annexure I-Copy of consumer notice | 10. | Annexure J-Copy of registered post slip of notice | 11. | Annexure K-Copy of new assignment deed draft | 12. | Annexure L-Copy of emails (draft assignment deed and sale deed of TH56, Zuari Garden City) | 13. | Annexure M-Copy of Emails (prospectivge buyer who paid an advance, Fws: Draft assignment deed and sae deed of TH 56, Zuari Garden City) | 14. | Annexure N- Copy of Emails (Scan copy of draft assignment – TH56 ZGC) | 14. | Annexure O-Copy of Emails (Ref. Sale of TH 56 ZGC) | 15. | Annexure P – Copy of Emails (Consumer notice – Re: Sale of TH 56 ZGC from Shri Ajay) | 16. | Annexure Q – Copy of Emails (Consumer notice – Re: Sale of TH 56 ZGC –reply | 17. | Annexure R – Copy of Emails (Consumer Notice – Re: sale of TH 56 ZGC – from Shri Vikas) | 18. | Annexure S – Copy of Emails (Consumer Notice – Re: sale of TH 56 ZGC – follow ups) |
(Renukadevi Deshpande) MEMBER | (H.Janardhan) MEMBER | (K.S.Bilagi) PRESIDENT |
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