State Consumer Disputes Redressal Commission
M/S Suadela Constructions Pvt Ltd A ... vs Dr. Arpita Sreeram, W/O Mr. Venu M.R on 6 August, 2024
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/1865/2022 ( Date of Filing : 13 Sep 2022 ) (Arisen out of Order Dated 18/06/2022 in Case No. CC/869/2019 of District Bangalore 2nd Additional) 1. M/s Suadela Constructions Pvt Ltd A Company registered under the Companies Act, 1956, Having registered office at No. 154, Dalamal Towers, Nariman Point, Mumbai. Having office at No 757/B, House of Hiranandani,100 Ft road HAL 2nd Stage, Indiranagar,Bangalore560038 Represented by its Authorised Signatory ...........Appellant(s) Versus 1. Dr. Arpita Sreeram, W/o Mr. Venu M.R Aged about 43 years MR. Venu M.R S/o Mr. Ramachandraiah Setty Aged about 43 years Both are residing at C 201, Club Meadows, House of Hirananadi, Akshay Nagar, Begur Hulimavu Raod,Bangalore560068 ...........Respondent(s) BEFORE: HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 06 Aug 2024 Final Order / Judgement Date of Filing: 02.08.2022 & 13.09.2022 Date of Disposal: 06.08.2024 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED: 06th DAY OF AUGUST 2024 PRESENT Mr K. B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M: LADY MEMBER APPEAL NOs. 1637 and 1865 of 2022 C O M M O N O R D E R IN A/1637/2022 BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER These appeals are filed by parties to the complaint in CC/869/2019 on the file of II Additional DCDRC, Bengaluru, aggrieved by the order dated 18.06.2022. (The parties to these appeals are referred as to their rank assigned to them by the District Commission) The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels for the parties to these appeals.
Now, the points that arise for consideration of this Commission would be whether impugned order dated 18.06.2022 passed in CC/869/2019 does call for an interference of the Commission for the grounds set out in the appeal memo?
A/1637/2022 is filed by complainant Nos.1 and 2, while A/1865/2022 is filed by OP. Let us examine the impugned order passed by DCDRC, wherein allowed the complaint in part and directed OP Nos.1 and 2 to refund a sum of Rs.1,20,102/- along with interest @ 03% p.a. from the date of complaint till payment and directed OP Nos.1 and 2 to pay Rs.5,000/- towards compensation and Rs.3,000/- towards cost of litigation expenses. In A/1637/2022 complainants are contending that DCDRC, had committed error in not considering the deficiency rendered by OPs, since, failed to take notice of the fact that imported marbles were not provided and provided poor quality of MDF Laminated Flooring instead of Wood Flooring in bedrooms, poor quality of engineered or compressed marble instead of imported marble flooring as promised. The OPs have failed to provide Italian Design Modular Kitchen as mentioned which could be proved from the copy of photographs wherein puffing up of laminated tiles and decks, seepage, Italian design modular kitchen were not technical issues which could not be discarded. The DCDRC erred in not considering the filing of A/1005/2020 and A/473/2021 and awarded Rs.3,000/- towards cost of litigation expenses. The DCDRC has awarded interest @ 03% p.a. from the date of completion which is not just and proper and grievance of complainant Nos.1 and 2 raised in their consumer complaint were not been considered, while passing the impugned order. On the contrary, in A/1865/2022 the appellants/OPs are contending that complainants/respondents have totally paid a sum of Rs.66,42,000/- and only after they were been satisfied with all the amenities in the schedule property executed a Sale Deed in their favour executed on 25.02.2016 and also have taken possession of the premises and they have received required documents for taking premises of the scheduled property. It is therefore, contented that building was completed and they have received Occupancy Certificate on 13.03.2017. The complainants/respondents were satisfied with all the amenities as per E-mail conversation with the appellants/OPs vide e-mail dated 26.03.2019 and did not raise any grievance on 24.07.2015, when possession ought to have been delivered as per clause 6.1 of the construction agreement wherein OPs/appellants had called upon the complainants/respondents to execute the Sale Deed and take possession to which complainants have obtained Sale Deed on 25.02.2016 and took possession of the apartment. However, they have filed a Consumer Complaint on 28.05.2019. In such circumstances, contention of OP that limitation starts from the date of execution of Sale Deed dated 25.02.2016 could be acceptable. The enquiry reveals complainant Nos.1and 2 have taken possession of the apartment and they are in their flat purchased under Sale Deed dated 25.02.2016 and their complaint filed after 02 years without satisfying the District Commission, as provided U/s 24A (2) of CPA, 1986, could not be entertained by the Consumer Commission, was not examined by the District Commission as contented by OPs, has considerable force.
It is found from the enquiry held by the District Commission and from the documents placed on record by the parties to the complaint as per clause-11 of the Sale Deed dated 25.02.2016; complainants have also executed an engineering check list by confirming all the qualities of the materials in detail wherein the same check list was annexed along with the Construction Agreement dated 23.07.2012 and we could not find any other deviations done by OPs from the materials placed on record. The enquiry does not disclose any grievance raised by complainants on 24.07.2015, when possession ought to have been delivered as per clause-6.1 of the Construction Agreement. It has come in the enquiry through e-mail dated 28.12.2015 sent by Ops, wherein called upon OPs to execute the registered Sale Deed on 25.02.2016 and to take possession on the same day without any demur. The OPs have been contending that complainant have also delayed the making of the stipulated instalments and as per terms of agreement, when the allottee defaults in instalment payments loose the option of claiming the delay compensation, if any. It has come in the enquiry that the possession of the flat was handed over on 25.02.2016 and the project of OPs consists of many towers and as per the practice of the statutory authorities, when the project is developed in phases, each phase after its due completion will be given Occupancy Certificate but the same will be termed as Partial Occupancy Certificate, which could be acceptable, since once the whole project or township gets completed the full Completion Certificate will be issued by the concerned authorities, which was not considered by the District Commission. In such circumstances, the fact that the complainant Nos.1 and 2 have raised a consumer complaint 02 years after execution of the Sale Deed without satisfying the District Commission to entertain their complaint as provided under sub clause (2) of Sec.24A of CPA, 1986, was not considered by the District Commission. As such impugned order in our view impugned order calls for an interference of this Commission for the grounds set out in the appeal memo in A/1865/2022 and as a result did not find any good grounds for either to enhance compensation or to confirm the order for the grounds set out in the appeal memo in A/1637/2022. Hence, proceed to allow the A/1865/2022. Consequently, set aside the order dated 18.06.2022 passed in CC/869/2019 on the file of II Additional DCDRC, Bengaluru and as a result dismissed CC/869/2019 and A/1637/2022 with no order as to cost.
Keep the original in A/1637/2022 and copy thereon in A/1865/2022.
The Amount in deposit in A/1865/2022 is directed to be transferred to District Commission for needful.
Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member *GGH* [HON'BLE MR. Krishnamurthy B.Sangannavar] PRESIDING MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER