State Consumer Disputes Redressal Commission
D.Pradeep Kumar vs M/S.Sri Karthikeya Infra Partner Ship ... on 27 September, 2024
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BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION:HYDERABAD
C.C.44/2023
Between :
1.D.Pradeep Kumar, S/o.Late D.Satyanarayana, Aged about 50 years, Occ: Business, R/o.H.No.16-5-418, DC Patel Company, Azampura, Hyderabad.
2. D.Vandana, W/o.D.Pradeep Kumar, Aged 45 years, Occ: Housewife, R/o.16-5-418, DC Patel Colony, Azampura, Hyderabad.
....Complainants And
1. M/s.Sri Karthikeya Infra (Partnership Firm) Represented by its Partner B.Lingam Goud, S/o.Late B.Pitchaiah, having office at Flat No.304, GMR Enclave, Bhavani Colony, Premavathipet Village, GHMC Rajendranagar Circle, R.R.District, Hyderabad - 500 030.
2. Mr.B.Lingam Goud, S/o.Late B.Pitchaiah, Aged: 51 years, Villa No.13, Ground Floor, M/s.Sri Karthikeya Infra, triplex independent villas, Situated at Sy.No.431 & 432, GHMC Rajendranagar Circle, R.R.District, T.S. (Partner M/s.Sri Karthikeya Infra Partnership Firm)
3. Mr.Kumar Mulukutla, S/o.M.Satyanarayana, Aged: 47 years, R/o.Flat No.204, CMR Castle, Tejaswini Nagar Colony, Rambagh, Attapur Village, Rajendranagar Circle, Ranga Reddy District. (Partner M/s.Sri Karthikeya Infra Partnership Firm)
4. Mr.Gummadi Ravi, S/o.G.Venkat Ratnam, Aged: 47 years, O/o.Flat No.101, 1st Floor, Sri Gurudatta Apartments, Near Nizampet, Sardar Patel Nagar, IDPL, K.P.H.B., Hyderabad. R/o.Plot No.Balaji Park Town, Nizampet Village, Qutubhullapur Mandal, Hyderabad - 500090.
(Partner M/s.Sri Karthikeya Infra Partnership Firm).
5. Mr.Susheel Kumar, S/o.Mr.Lingam Goud, Aged: 29 years, R/o.Flat No.303, GMR Enclave, Bhavani Colony, Premavathipet Village, GHMC Rajendranagar Circle, R.R.District, Hyderabad - 500030.
(Partner M/s.Sri Karthikeya Infra Partnership Firm)
6. Shabad Suresh Yadav, S/o.Shabad Yadaiah, Aged: 47 years, Occ: Agriculture, R/o.H.No.1-3-94, Budvel Village, GHMC Rajendra Nagar Circle, Hyderabad.
....Opposite parties 2 Counsel for the Complainant : M/s.V.Vijaya Laxmi Counsel for the Opposite Parties : M/s. K.Parikshith - OP3 & 4 Notice served - OP1,2 & 5, 6 QUORAM:
HON'BLE SMT.MEENA RAMANATHAN.....IN-CHARGE PRESIDENT & HON'BLE SRI V.V.SESHU BABU....MEMEBER-JUDICIAL FRIDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND TWENTY FOUR ******* Order: (Per Hon'ble Smt.Meena Ramanathan, I/c President)
1. This is a complaint filed by the complainant U/s.47 of the Consumer Protection Act,2019, praying this Commission as follows:
a) To direct the Opposite Parties to complete the works i.e., electrical fittings and sanitary fittings door shutters & windows with grills and also wooden works and deliver the physical possession of the Villa to the Complainants.
b) To award interest @ 24% p.a. on the principle amount of Rs.69,39,000/- from the date of filing of the complaint till the realization.
c) To direct the Opposite Parties jointly and severally to pay an amount of Rs.10,00,000/- towards damages and compensation for causing mental agony and torture and not handover the physical possession.
d) To award of Rs.50,000/- towards costs of the Complainant advocate fees and pass such other relief or reliefs as this Commission may deem fit and proper in the interest of justice.
2. The brief facts of the complaint are as follows:
The Complainants purchased a proposed villa to be constructed on Plot No.24 with a plinth area of 3132 Sq.Ft. inclusive of car parking with land admeasuring 159.99 Sq.Yards out of 7623.00 Sq.Yards in Sy.No.431 & 432 situated at Budvel (V) GHMC, Rajendranagar Circle, R.R.District. The Opposite Parties and the Complainants entered into an Agreement of Sale dated 15.11.2016 and received a token advance of Rs.10,00,000/- for the villa - G+2, which was agreed to be sold for a total sale consideration of Rs.64,00,000/-.3
3. As per the covenants of the Agreement of Sale, the Complainants were assured possession of the villa within a period of 14 months from the said date with a grace period of three months. In addition, the Complainants were promised that all the amenities - the salient features of the project such as - gated community with security, fencing with compound wall around the venture, railing to staircase and balconies erection of Generator, walking track, provision of independent and individual lift, swimming pool, club house and other amenities would be provided.
4. The Complainants availed loan from the Bank for financial assistance to pay the Opposite Parties. Although the agreed period of delivery of possession has expired, the common amenities as promised such as - electrical fittings and sanitary fittings, doors, shutters, windows and grill and wood work is yet to be completed and the villa is not in a habitable condition. It is their case that the Opposite Parties have committed a breach of contract and they issued a legal notice on 31.08.2020 which they received but failed to reply. The Complainants further contend that the Opposite Parties have filed a case against the owner for injunction in AOP No.226 of 2020 on the file of II Addl. District Judge, Ranga Reddy District Court, L.B.Nagar and they have impleaded the Complainants as parties and the case is pending.
5. The present case is filed against the Opposite Parties to complete the pending works and to handover possession of the villa along with interest on the amount paid and compensation for the agony suffered.
6. The Opposite Parties remained absent and no written version filed on their behalf. Hence, their right to file written version was forfeited.
7. Evidence Affidavit of the complainant No.1 filed. Ex.A1 to A15 are marked on behalf of the Complainants. Written arguments of Complainants filed.
8. Heard the counsel for the Complainants. The contentions and plea of the Complainants raised in their pleadings and written arguments have been considered.
9. The point that arises for consideration is - whether the Opposite Parties have been deficient and negligent in not handing over the 4 possession despite having executed the Agreement of Sale dated 15.11.2016?
10. A perusal of the complaint and documents reveals that Ex.A1- Agreement of Sale was executed on 15.11.2016 between land owners as represented by their D.A.G.P.A.Holder-M/s.Sri Karthikeya Infra represented by its partners -
(a) Kumar Mulukutla, S/o.M.Satyanarayana and
(b) B.Lingam Goud, S/o.Late B.Pitchaiah the developers/Opposite Parties in this case.
The registered Development Agreement Cum GPA bearing Doc.No.1840/2015, dated 04.03.2015 is not filed but is referred to in this Ex.A1.
11. The vendors/developers/Opposite Parties have agreed to sell a semi- finished independent villa (G+2) on plot bearing No.24 in the gated community known as "Karthikeya Avenues" with a plinth area of 132 sq.feet which includes car parking and gated community external common areas, along with land admeasuring 159.99 square yards out of 7623.00 square yards, in Survey Nos.431 and 432, situated at Budvel Village, GHMC Rajendranagar Circle, Ranga Reddy District, Telangana State and morefully described in the Schedule of Property, to the Vendees for a total sale consideration of Rs.64,00,000/-.
12. The plot No.24 was allotted to the developer and as per clause 13 and 14 of Ex.A1, the Vendors/Opposite Parties have agreed to execute the sale deed after receiving the balance sale consideration amount from the Vendees/Complainants and handover the possession within 14 months from the date of this Agreement of Sale with a grace period of 3 months.
13. The Complainants paid a token advance of Rs.10,00,000/-.
The total cost of the villa was estimated at Rs.29,92,350/-
M.V. at Rs.34,00,000/-
The Complainants have availed Rs.50,00,000/- Bank loan from Central Bank of India which was sanctioned on 20.02.2017.
Margin money was Rs.14,00,000/-
Loan sanctioned Rs.50,00,000/-
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and it was disbursed to the Opposite Parties in the following manner:
Rs.24,00,000/- on 24.03.2017 Rs.10,00,000/- on 28.03.2018 Balance of Rs.16,00,000/- to be disbursed after completion of work as evidenced vide Ex.A9. By 28.03.2018, the Complainants had paid Rs.44,00,000/- to the Opposite Parties and the Complainants have not filed any evidence to prove that the balance amount of Rs.16,00,000/- was disbursed to the Opposite Parties.
14. The point that requires clarification is that - as per Ex.A1- total sale consideration of villa is Rs.64,00,000/-. The Bank disbursed the amount of Rs.34,00,000/- yet the exhibit states that the balance of Rs.16,00,000/- to be disbursed after completion. In the complaint, the Complainants have claimed the total sale consideration as Rs.64,00,000/-. However, the receipts filed do not evidence the payments of Rs.64,00,000/- to the Opposite Parties.
15. The Registry returned the complaint initially with an objection with regard to the pecuniary jurisdiction of this Commission and it was re- submitted stating that details are mentioned in the complaint.
16. The Agreement of Sale i.e., Ex.A1 states that the Vendor/Developer/Opposite Party received Rs.10,00,000/- and Ex.A2 is the receipt of the same dated 15.11.2016. In Ex.A3-the Sale Deed, it is mentioned that the Vendors received Rs.10,00,000/- by way of cash and Rs.24,00,000/- by way of D.D. The sum of Rs.10,00,000/- mentioned in Ex.A1 & A3 is one and the same. Thus the amounts paid by the Complainants are as follows:
Ex.A1 15.11.2016 Rs.10,00,000/-
Ex.A4 16.11.2016 Rs. 9,54,000/-
Ex.A5 24.03.2017 Rs.24,00,000/-
Ex.A6 28.03.2018 Rs.10,00,000/-
Ex.A7 10.02.2020 Rs. 35,000/-
Ex.A8 17.07.2020 Rs. 50,000/-
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Rs.54,39,000/-
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17. The Complainants have paid a total of Rs.54,39,000/- only as against the admitted amount of Rs.80,00,000/- as per the legal notice dated 14.02.2023 vide Ex.A12. Therefore, the Complainants are directed to pay the balance amount to Opposite Parties and thereafter the Opposite Parties 6 are directed to handover the possession to the Complainants. The Complainants have further sought for reliefs with regard to electrical fittings, sanitary fittings, roof treatment, quality flooring and doors, but all these requirements are not enumerated in the Agreement of Sale or Sale Deed and the annexure is not filed. Since there is no material evidence to grant the above said reliefs, the complaint is liable to be partly allowed.
18. Since the entire amount has not been paid by the Complainants, the reliefs sought for cannot be considered and therefore, the following direction is passed in lieu.
19. In the result, the complaint is partly allowed with the following direction:
The Complainants are directed to pay a sum of (Rs.80,00,000 - Rs.54,39,000) Rs.25,61,000/- to the Opposite Parties and thereafter the Opposite Parties are directed to handover the possession of the villa to the Complainants. Time for compliance is four weeks from the date of this order.
________________________________
PRESIDENT I/C MEMBER-J
Dated : 27.09.2024
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant For the opposite parties
Evidence Affidavit of the NIL
Complainant No.1.
Exhibits marked on behalf of the complainant :
Ex.A1: is the copy of Agreement of Sale dated 15.11.2016 Ex.A2: is the copy of Receipt for the payment of Rs.10,00,000/- made to the Opposite Parties by the Complainants.
Ex.A3: is the copy of Sale Deed dated 07.04.2017. Ex.A4: is the copy of transaction details from 16.11.2016 to 17.11.2016 showing the payment of Rs.9,54,000/-.
Ex.A5: is the copy of D.D. for Rs.24,00,000/- dated 24.03.2017 in favour of Opposite Parties.
Ex.A6: is the copy of transaction details from 01.07.2016 to 30.11.2019 showing the payment of Rs.10,00,000/- made to the Opposite Parties.7
Ex.A7: is the copy of receipt for Rs.35,000/- paid to the Opposite Parties. Ex.A8: is the copy of receipt for Rs.50,000/- paid to the Opposite Parties. Ex.A9: is the copy of Certificate of loan dated 28.12.2021 issued by Central Bank of India, Noorkhan Bazar Branch.
Ex.A10: is the copy of Certificate of loan dated 06.09.2022 issued by Central Bank of India, Noorkhan Bazar Branch. Ex.A11: is the copy of legal notice dated 31.08.2020 issued by Complainants to Opposite Parties.
Ex.A12: is the copy of legal notice dated 14.02.2023 issued by Complainants to Opposite Parties.
Ex.A13: is the copy of track consignment Ex.A14: is the copy of Aadhaar Card of Dumpala Pradeep Kumar Ex.A15: is the copy of Aadhaar Card of Dumpala Vandana Exhibits marked on behalf of the opposite parties:
- NIL -
Sd/- Sd/-
I/C PRESIDENT MEMBER-J
Dated : 27.09.2024
UC*