State Consumer Disputes Redressal Commission
Smt.Soumya vs Smt.Soumya Kamat on 18 January, 2022
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/1060/2019 ( Date of Filing : 10 Jul 2019 ) (Arisen out of Order Dated 25/06/2019 in Case No. 53/2018 of District Shimoga) 1. Smt.Soumya W/o R.Maruti, Aged about 36 years, Occ-Teacher, R/a H.No.D-31, PWD quarters, Basavanagudi Main road, Shivamogga-577204 Shivamogga Karnataka 2. R.Maruti Aged about 45 years, Occ-Information Officer, R/a House No.D-31, PWD quarters, Basavanagudi Main road, Shivamogga-577204 Shivamogga Karnataka ...........Appellant(s) Versus 1. Smt.Soumya Kamat D/o Shridhar Kamat Aged about 25 years, Occupation-Business, R/a MGM layout, Vidyanagar, Shivamogga-577204 Shivamogga Karnataka 2. Shridhar Kamath, son of Pandurangarao,aged about 49 years, Occ:Business,R/a MGM Layout,Vidyanagar,Shimogga-577204 Shivamogga Karnataka 3. Shrkanth Kamat,son of Pandurangarao aged about 47 yearas, occ:Editor, Hello Shimogga,R/at MGM layout,Vidyanagar,Shivamogga-577204 Shimogga Karnataka ...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 18 Jan 2022 Final Order / Judgement BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE DATED THIS THE 18th DAY OF JANUARY 2022 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER APPEAL NO. 1060/2019 1. Smt. Soumya.S., W/o R. Maruti, Age : 36 years, Occ : Teacher ......Appellant/s 2. Sri R. Maruti, Age : 45 years, Occ : Information Officer, (No.2 is the PA holder of No.1), Both residents of House No. D-31, PWD Quarters, Basavanagudi Main Road, Shivamogga 577 204. (By Sri Basavaprabhu Hosakeri & Kumar.A. Patil) V/s 1. Smt. Pooja Kamat, D/o Shridhar Kamat, Age : 25 years, Occ : Business .....Respondent/s 2. Sri Shridhar Kamat, S/o Pandurangrao, Age : 49 years, Occ : Business, 3. Sri Shrikant Kamat, S/o Pandurangrao, Age : 47 years, Occ : Editor, Hello Shivamogga, All residents of : MGM Layout, Vidyanagar, Shivamogga 577 204. (OPs served absent) ORDER
MR. RAVISHANKAR, JUDICIAL MEMBER
1. The appellants/complainants has preferred this appeal being aggrieved by the Order dt.25.06.2019 passed in CC.No.53/2018 on the file of District Consumer Disputes Redressal Commission, Shivamogga.
2. The brief facts of the case are as hereunder;
It is the case of the complainant that they have applied for a site by paying Rs.6,55,000/- to Opposite Parties and executed a sale deed in their favour vide document No.11926/2015-16 dt.10.02.2016. Even after the registration of the sale deed, the Opposite Parties have not developed the sites and handed over to the complainants till filing of the complaint. The complainants alleged deficiency in service and prayed for possession of the site along with compensation towards delay in not handing over the possession to the complainant. After trial, the District Commission allowed the complaint and directed the Opposite Parties to refund the entire sale consideration amount along with Rs.2 lakhs towards deficiency in service, Rs.1 lakh towards mental agony and Rs.10,000/- towards litigation expenses within 30 days from the date of Order.
3. Aggrieved by the said order, the appellants/ complainants are in appeal. Heard the arguments of advocate for appellants.
4. On going through the memorandum of appeal, certified copy of the Order and the documents produced before the District Commission, we noticed that the complainants have applied for a site allotment from Opposite Parties layout "Hello Shivamogga" measuring 13 sq.meters bearing No.19 formed in Suvey Nos. 8 & 12 and also entered into a sale deed vide document No.11926/2015-16 dt.10.02.2016. We noticed that the entire site value of Rs.6,55,000/- was paid to the Opposite Parties as on the date of registration. Even after registration, the Opposite Parties have one or the other reason have prolonged the possession of the site to the complainants. Aggrieved by the said delay, the complainants approached the District Commission and prayed for allotment of the site immediately along with compensation towards delay in not giving possession in time whereas the District Commission after trial had directed the Opposite Parties to refund the said amount as they have deliberately delayed to develop the layout. We noticed here that the complainants never sought for refund of the consideration amount in alternative but, their claim is restricted only to give possession of the site. Whereas the District Commission without appreciating the facts of the complaint have made an error in directing the Opposite Parties to refund the said amount. Here we noticed that the Opposite Parties have deliberately delayed to develop the layout. It is a clear case of deficiency in service on the part of the Opposite Parties. On noticing the letter issued by UGD Department, Shivamogga they have given permission to develop the layout by constructing the roads, water, drainage and other civic amenities and even inspite of permission from the required Authority, the Opposite Parties have failed to allot the sites to the complainants. Hence, the complainants are entitled to take possession of the site. Therefore, the Order passed by the District Commission requires to be set aside. Hence, the following;
ORDER The appeal is allowed.
The Order dt.25.06.2019 passed by in CC.No.53/2018 is hereby set aside and directed the Opposite Parties to give possession of the scheduled site mentioned in the sale deed without any delay.
The Opposite Parties are further directed to pay Rs.1,00,000/- for delay in giving possession of the site along with Rs.25,000/- towards litigation expenses.
The Opposite Parties are granted 30 days time from this date to comply the Order.
Forward free copies to both parties.
Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER