State Consumer Disputes Redressal Commission
Jayaprada.S.Hiremath vs M/S Tgs Constructions Pvt. Ltd. on 29 October, 2022
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. Complaint Case No. CC/152/2018 ( Date of Filing : 04 Apr 2018 ) 1. Jayaprada.S.Hiremath D/o Sangamanath T.Hiremath, Aged about 41 years, R/a No.80, Akasha, 2nd Main, 6th cross, P.F.layout, Marenahalli, Vijayanagar, Bengaluru-560040 ...........Complainant(s) Versus 1. M/s TGS Constructions Pvt. Ltd. Rep. by its Managing Director, Office at: NO.L-142, 5th Avenue, Ground floor, 5th Main road, 6th sector, HSR layout, Bangalore-560102 2. Mandeep Kaur Managing Director, TGS Constructions pvt. Ltd., Office at: NO.L-142, 5th Avenue, Ground floor, 5th Main road, 6th sector, HSR layout, Bangalore-560102 Also r/a: No.12-70/6, II 'B' Main, 27th cross, Ke ............Opp.Party(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 29 Oct 2022 Final Order / Judgement BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH) DATED THIS THE 29th DAY OF OCTOBER 2022 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER CONSUMER COMPLAINT NO. 152/2018 Jayaprada.S.Hiremath, D/o Sangamanath .T. Hiremath, Aged about 41 years, R/at No.80, Akasha, 2nd Main, 6th Cross, P.F. Layout, Marenahalli, Vijayanagar, Bengaluru 560 040. (By Sri G.K. Nataraj) ....... Complainant/s V/s 1. M/s TGS Constructions Private Limited, A Company incorporated under the Companies Act, Rep. by its Managing Director, Having its office at No.L-142, 5th Avenue, Ground Floor, 5th Main Road, 6th Sector, HSR Layout, Bangalore 560 102. ... Opposite Party/ies 2. Mandeep Kaur, Managing Director, TGS Constructions Private Limited, Having its office at No. L-142, 5th Avenue, Ground Floor, 5th Main Road, 6th Sector, HSR Layout, Bangalore 560 102, And also residing at No.12-70/6, 2nd 'B' Main 27th Cross, Kempamma Layout, Hulimavu, Bannerghatta, Bangalore 560 076. (Placed exparte) ORDER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
1. This is a complaint filed by the complainant praying for a direction against the Opposite Parties to refund the a sum of Rs.41,00,000/- with interest at 20% p.a. from the date of payment, till realization along with compensation along with compensation of Rs.2,00,000/- and Rs.25,000/- towards costs of litigation.
2. The averments in the complaint are as hereunder;
It is the case of the complainant that he/she had booked four sites measuring each 30x40 feet for a sum of Rs.7,50,000/- for each site in the project of the Opposite Parties known as "TGS DHANALAKSHMI" and paid a total sum of Rs.41,00,000/- by way of cheques/cash on different dates which is acknowledged by the Opposite Parties and entered into a four Memorandum of Understanding dt.31.03.2016. However, inspite of several visits, requests and demands made by the complainant, there was no progress in the site location, hence, the complainant demanded the Opposite Parties to cancel the booking of flats and refund the amount paid. The complainant issued a legal notice on 15.03.2018 calling upon the Opposite Parties to repay the amount paid. It is alleged that inspite of requests and legal notice, the Opposite Parties did not come forward to comply the request of the complainant. Hence, the complaint.
3. An IA came to be filed u/o V Rule 20 (1-A) r/w Sec.151 of CPC to take paper publication since the Opposite Party evaded the notice. Accordingly, the paper publication was taken in a Kannada daily newspaper in "Hosa Digantha" in respect of this complaint. Inspite of paper publication, the Opposite Parties remained absent and as such the Opposite Parties placed exparte.
4. The complainant has filed affidavit evidence and marked documents at Ex.C1 to C54. 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 memorandum of compliant, with documents and the submission made by the learned counsel for complainant, we noticed that the complainant had booked four sites in the project of the Opposite Parties and paid a sum of Rs.41 lakhs towards the same. The complainant has produced the copy of Booking Form, receipts, gift vouchers, lucky draw coupon, MOUs, cancellation forms along with declaration forms, police complaint and acknowledgement, legal notice, postal receipt and returned postal covers. On perusal of the complaint and documents, it is evident on the face of the record that the Opposite Parties inspite of receipt of amount from the complainant has failed to form the sites and deliver the same to the complainant within a stipulated time as per the terms of MOU. Therefore, it amounts to deficiency of service. The claim of the complainant has gone unchallenged and there are no strong reasons to discredit the same. Accordingly, the complainant is entitled for refund of the amount paid in a sum of Rs.41,00,000/- 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 also entitled to a sum of Rs.2,00,000/- towards deficiency in service and mental agony. Therefore, the claim of the complainant 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 jointly and severally directed to refund a sum of Rs.41,00,000/- to the complainant with interest at 12% p.a. from the date of respective payments, till the date of actual realization.
The Opposite Parties are further directed to pay compensation of Rs.2,00,000/- towards deficiency in service. The Opposite Parties are granted of 45 days time from this date to comply the Order.
Forward free copies to both the parties.
Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER