State Consumer Disputes Redressal Commission
Ravi Prabhu vs M/S Triangle Realty Ventures Pvt. Ltd. on 30 June, 2023
Date of filing: 18.12.2019
Date of Disposal: 30.06.2023
BEFORE THE KARNATAKA STATE CONSUMR DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 30.06.2023
PRESENT
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT
Mr. KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs. DIVYASHREE M: LADY MEMBER CONSUMER COMPLAINT No.586/2019 to 591/2019 COMPLAINT No. 586/2019
1. Mrs. Anuradha N. W/o Srikanth Lakshman Aged about 40 years,
2. Mr. Srikanth Lakshman S/o Lakshman Roa, Aged about 43 years, Both residing at:
Ground Floor, 3rd Cross,4th Main, Sandyagappa Layout, Hebbal Kempapura, Bangalore- 560024.
...........Complainant/s
-Versus-
1. M/s Triangle Realty Ventures Pvt.Ltd.
Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years 2 CC/586/2019 to 591/2019 Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 106/10-11-12, Amruthahalli, Byatarayanpura, Bellary Road, Bangalore-560092
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at No 51. 1st Cross, 9th main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No. 70, 1st cross, 9th Main, 3 CC/586/2019 to 591/2019 HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No.C-17, Kudremukh Colory, 2nd Block, Kormangala, Bangalore-560034
5. LIC Housing Finance Ltd., Bombay Life Building, 2nd Floor, 45/47, Veer Nairman Road, Fort, Mumbai-400001.
.....Opposite party/s COMPLAINT No. 587/2019
1. Mr. Murali V., Aged about 45 years, S/o Late M.Vishwanathan,
2. Ambika Murali Aged About 44 years, W/o Murali V. Both residing at:
#22, Naipunya Layout, MMA Kabab Road, T.C.Palaya Main Road, Anandapura, Bengaluru-560036 ...........Complainant/s
-Versus-
1. M/s Triangle Realty Ventures Pvt.Ltd.
Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years 4 CC/586/2019 to 591/2019 Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 106/10-11-12, Amruthahalli, Byatarayanpura, Bellary Road, Bangalore-560092
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at No 51. 1st Cross, 9th main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No. 70, 1st cross, 9th Main, 5 CC/586/2019 to 591/2019 HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No.C-17, Kudremukh Colony, 2nd Block, Kormangala, Bangalore-560034
5. Indiabulls Housing Finance Ltd, M62 & 63, First Floor, Connaught Place, New Delhi-110001 Also at:
Indiabulls House, 448-451, Udhyog Vihar, Phase-V, Gurgaon, Haryana.
.....Opposite party/s COMPLAINT No. 588/2019
1. Mrs. Anushree Arunkumar Vasanad Aged about 38 years W/o Arunkumar Vasanad
2. Mr. Arun Kumar Vasanad Aged about 45 years, S/o Hanumappa Vasanad, Both residing at office at #126, Srinivasa Nilayam, 3rd Main, Maithri Layout, Near Hope Farm Junction, Whitefield, Benagluru- 560066.
...........Complainant/s
-Versus-
6 CC/586/2019 to 591/20191. M/s Triangle Realty Ventures Pvt.Ltd. Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 106/10-11-12, Amruthahalli, Byatarayanpura, Bellary Road, Bangalore-560092
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at 7 CC/586/2019 to 591/2019 No 51. 1st Cross, 9th main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No. 70, 1st cross, 9th Main, HAL 3rd Stage, New Thippasandra, Bangalore- 560075.
Also at No.C-17, Kudremukh Colory, 2nd Block, Kormangala, Bangalore-560034
5. Indiabulls Housing Finance Ltd, M62 & 63, First Floor, Connaught Place, New Delhi-110001 Also at:
Indiabulls House, 448-451, Udhyog Vihar, Phase-V, Gurgaon, Haryana.
.....Opposite party/s COMPLAINT No. 589/2019
1. Mr. Sayantan Chaudhury, S/o Pranab Kumar Chaudhury, Aged about 30 years, Residing at:
#1310, Kadugodi Brindavan Layout, 4th Cross, Opposite Mahaveer Kings Place, Bengaluru-560067 ...........Complainant/s
-Versus-8 CC/586/2019 to 591/2019
1. M/s Triangle Realty Ventures Pvt.Ltd.
Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 106/10-11-12, Amruthahalli, Byatarayanpura, Bellary Road, Bangalore-560092
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at No 51. 1st Cross, 9 CC/586/2019 to 591/2019 9th main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No. 70, 1st cross, 9th Main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No.C-17, Kudremukh Colory, 2nd Block, Kormangala, Bangalore-560034 No. 1310, BRINDAVAN LAYOUT, 4TH CROSS, KADUGODI, Bangalore, Karnataka-560067,
5. PNB Housing Finance Limited No.1310, Brindavan Layout, 4th Cross, Kadugodi, Bangalore-560067.
.....Opposite party/s COMPLAINT No. 590/2019
1. Mr. Ravi Prabhu, S/o Vittala N. Prabhu, Aged about 39 years, Residing at:
Flat No. 390, Tower 1, Mahaveer Orchids, Rayasandra village, Sarjapur hobli, Anekal Taluk, Off Hosa Road, Bangalore-560099.
...........Complainant/s
-Versus-
1. M/s Triangle Realty Ventures Pvt.Ltd.10 CC/586/2019 to 591/2019
Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 106/10-11-12, Amruthahalli, Byatarayanpura, Bellary Road, Bangalore-560092
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at No 51. 1st Cross, 9th main, HAL 3rd Stage, New Thippasandra, 11 CC/586/2019 to 591/2019 Bangalore-560075.
Also at No. 70, 1st cross, 9th Main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No.C-17, Kudremukh Colory, 2nd Block, Kormangala, Bangalore-560034
5. PNB Housing Finance Limited #56, Sai Arcade, 3rd Floor, Marathahalli Ring Road, Devarabisanahalli, Bengaluru.
.....Opposite party/s COMPLAINT No. 591/2019
1. Mr. Satyajit Bhuyan, S/o Mr. Abhiram Prasad Bhuyan, Aged about 36 years Residing at: S3,Sai Krishna Residency, 4th Cross, Celebrity Paradise layout, Doddathogur, Bengaluru-560100 ...........Complainant/s
-Versus-
1. M/s Triangle Realty Ventures Pvt.Ltd. Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, Triangle House, 13th 'A' Cross 9th Main, 6th Sector, HSR Layout, 12 CC/586/2019 to 591/2019 Bengaluru-560102 Also at:
No.L-152, 7TH main, 10th Sector LIC Colony HAL III Stage, Bangalore-560075
2. M/s Anish Projects Developers Pvt.Ltd, Represented by its director, Mr.N.H. Bhaskar Reddy Aged about 49 years Having its registered office at:
No.5, grounds floor, 13th A Cross, 9th Main, 6th Sector, HSR Layout, Bengaluru-560102
3. CV Shelters Pvt Ltd, (Citrus Ventures Pvt Ltd) Represented by its authorized signatory, Mr.Shashidhar, Having its registered office at:
No. 1/A, Ulsoor Road, Bangalore-560042
4. N.H Bhaskar Reddy S/o N.H.P Shiva Reddy Aged about 49 years Residing at No 51. 1st Cross, 9th main, HAL 3rd Stage, New Thippasandra, Bangalore-560075.
Also at No.C-17, Kudremukh Colory, 2nd Block, Kormangala, Bangalore-560034
5. Indiabulls Housing Finance Ltd, 13 CC/586/2019 to 591/2019 M62 & 63, First Floor, Connaught Place, New Delhi-110001 .....Opposite party/s (By M/s Holla & Holla Advocates for Complainants in all the complaints) //ORDER// BY Mrs. M.DIVYASHREE : LADY MEMBER
1. These are the complaints filed under section 17 of Consumer Protection Act, 1986 against the Opposite parties alleging the deficiency in service.
2. All these complaints are filed by the respective complainant/s against the same OPs who are common in all the cases seeking similar relief involving purchase of villa in the same scheme viz ''common wealth'' and on similar grounds and allegations .In the circumstances, as the facts involved in all these cases are similar, the relief claimed is one and the same against the OPs who are one and the same. Further grounds urged in the complaints are also similar, all the said complaints are taken up together for consideration.
3. The Complainants prays for the order:-
14 CC/586/2019 to 591/2019(a) To hold the Opposite parties 1 to 4, guilty in deficiency of service and unfair trade practices as per the provisions of the Consumer protection Act, 1986.(b) To direct the opposite parties No.1 to 4
jointly and severally to refund of the monies paid by the Complainants towards purchase and construction of the Villa on the schedule property along with interest thereon at 10% p.a till the date of payment.
(c) To direct the opposite Parties No.1 to 4, jointly and severely pay Rs.50,000/- (Rupees Fifty Thousand) towards compensation for the delay in handling over the possession of the Schedule Property.
4. These complaints raised is received on 18/12/2019 by this commission came to be admitted and ordered notice to be served on OPs 1 to 5, while counsel for complainant files memo along with the newspaper publications for having taken notice on OP Nos.1 and 3 in daily newspaper ''Udaya Vani'' OPs 1,2 and 4 files statement of objections/version after lapse of statutory period. Hence, with due notice to complainant, their version is received but held deemed to have been rejected. Complainant has lead evidence in all cases .On the other hand OP No.05 has filed Affidavit Evidence in CC.No.586/2019 and closed the enquiry.
15 CC/586/2019 to 591/20195. It is the case of the complainants that, the OP No.1 and 2, are Private Limited Companies, into the business of Construction and development .It is pertinent to note that the Managing Director of the OP No.1 and 2 (M/s Anish Projects Developers Pvt. Ltd), is the same person , the OP No.4 OP No.1 propounded a scheme for sale cum constructions of residential villas on sites/plots under the name and style of ''Common Wealth'' to the extent of 201 acres, at Pichaguntrahalli Village, Kasaba Hobli, Malur taluk, Kolar District. The said scheme involved the purchase of Villa from OP No.1 and 2, for the total sale consideration. The scheme viz ''Common Wealth'' propounded by OP No.1 and 2 included to the development of the entire layout, common internal roads, pathways, open spaces, common club house (1 Lakh Sq Ft) ,with services and amenities such as water supply system, sewage disposal system, lighting for common roads, squash courts, library, amphitheatre, cricket stadium, football field, Cinemas, restaurant, mall, school, office spaces, vegetable and fruit stores, rest rooms, guest rooms, mini theatre, etc. with 52 acres of open spaces .The newspaper advertisements dated 10.04.2015, 24.03.2016, 01.04.2016,11.05.2019 published in the daily newspaper Times of India are produced herewith and the same marked as Exhibits in C Series.
6. The complainants submits that, based on the advertisements and representations given by the OP No.1 and OP No.2, they approached OP No.1 and 2, with the honest and 16 CC/586/2019 to 591/2019 genuine belief that OP would complete the same on time and expressed their interest to purchase a Villa.
7. Further submits that the OP No.1 and 2, drafted the sale agreement in such way that, the total sale consideration of Villa has been divided into plot/site cost and construction cost, but during booking of the Villa same has not been informed. Also submits that, to take more money from complainants, OP no.1 and 2 mentioned the cost of the plot/site at Rs.1800/Sft. Even though guideline value of the land in the project area defined by Government was maximum of Rs.200/sft. Further submits that he objected for charging a higher cost for plot/site.
However, it is submitted that OP No.1 & 2 misrepresented to complainants that the Villa will be constructed by them, the construction of the Villa will be ready without any delay and OP No.1 and 2 forced to agree to their terms and conditions as per agreement to sell drafted by them.
8. Based on several representations and promises, OP No.1,entered into an agreement to sell with complainants with respect to plot, carved out of Sy.No.22/5 ,in the layout known as ''Common wealth '' situated at Pinchaguntrahalli and Madanhatti Venkatapura Village, Kasaba Hobli, Malur Taluk, Kolar District (more fully described in the schedule hereunder and herein after referred to as the ''schedule property''). It is pertinent to note that OP No.2 is a party to the said agreement 17 CC/586/2019 to 591/2019 to sell, in the capacity of a Confirming Party. Copy of the agreement to sell in each case is produced.
9. It is submitted that as per the agreement to sell complainants agreed to purchase the plot and also further agreed to pay the price fixed for construction.
The complainants in each case explained in detail the date of agreement to sell, absolute sale deed, construction agreement, the plot No which they booked.
OP No.1 propounded sale and consideration of Villas in the schedule properties (detailed as plot Nos) As per agreement, villa was to be ready and delivered in two years time.
Complaint Complainants Opposite Parties Plot No Particulars The amount paid Specific
No. by complainant to differences , if any
the opposite
parties , towards
purchase and
construction of the
villa on the
schedule property
1. M/s Triangle A)Agreement to
586/2019 1. Anuradha N Realty Ventures Pvt 192 sell:11.05.2015
Ltd. b)Absolute Sale
2.Mr.Srikanth 2.M/s Anish Projects Deed:30.05.2015
lakshman Developers Pvt Ltd c)Construction Agreement:
3. CV Shelters pvt 16.05.2016
Ltd. D)Agreement b/w OP No
4.N.H Bhaskar 1& 3: 06.03.2017
Reddy e)Supplementary
5.LIC Housing Agreement: 19.08.2017
Finnace Ltd. f)Loan Agreement:
15.05.2015
1. M/s Triangle A)Agreement to
587/2019 1.Mr. Murali V Realty Ventures Pvt 189 sell:16.03.2015 Supplementary
Ltd. b)Absolute Sale Agreement is
2.Mrs.Ambika 2.M/s Anish Projects Deed:30.05.2015 absent between
Murali Developers Pvt Ltd c)Construction Agreement: the parties
3.CV Shelters pvt Nov,2015
Ltd. D)Agreement b/w OP No
4.N.H Bhaskar 1& 3: 06.03.2017
Reddy e)Loan sanction Letter:
18
CC/586/2019 to 591/2019
5.Indianbulls 19.08.2017
Housing Finance Ltd. f)Loan Agreement:
27.05.2015
1.M/s Triangle A)Agreement to
588/2019 1.Mrs Anushree Realty Ventures Pvt 64 sell:30.11.2015
Arunkumar Ltd. b)Absolute Sale
Vasanad 2.M/s Anish Projects Deed:20.01.2015
Developers Pvt Ltd c)Construction Agreement:
2.Mr.Arun 3.CV Shelters pvt 03.06.2016
Kumar Vasanad Ltd. D)Agreement b/w OP No
4.N.H Bhaskar 1& 3: 06.03.2017
Reddy e)Supplementary
5.Indianbulls Agreement: 19.08.2017
Housing Finance Ltd. f)Loan sanction Letter:
16.12.2015
g)Loan Agreement:
16.01.2016
1. M/s Triangle A)Agreement to
589/2019 1.Mr.Sayantan Realty Ventures Pvt 161 sell:26.05.2016 Tripartite
Ltd. b)Absolute Sale Agreement b/w
Chaudhary 2.M/s Anish Projects Deed:01.07.2016 OP No.1,2,5
Developers Pvt Ltd c)Construction Agreement: Complainant.
3.CV Shelters pvt 16.08.2016
Ltd. d)Tripartite Agreement b/w
4.N.H Bhaskar OP No.1,2,5 and the
Reddy complainant :22.02.2016
5.PNB Housing e)Agreement b/w OP No 1&
Finance Ltd 3: 06.03.2017
f)Supplementary
Agreement: 19.08.2017
g)Loan sanction Letter:
16.12.2015
1.M/s Triangle A)Agreement to sell:June
590/2019 1.Mr.Ravi Realty Ventures Pvt 156 2015
Prabhu Ltd. b)Absolute Sale
2.M/s Anish Projects Deed:04.07.2015
Developers Pvt Ltd c)Construction Agreement:
3.CV Shelters pvt 06.06.2016
Ltd. d)Agreement b/w OP No
4.N.H Bhaskar 1& 3: 06.03.2017
Reddy e)Supplementary
5.PNB Housing Agreement: 19.08.2017
Finance Ltd f)Loan sanction Letter:
22.06.2015
1.M/s Triangle A)Agreement to
591/2019 Realty Ventures Pvt 121 sell:05.10.2015 1.Rs.1,00,000/-
Ltd. b)Absolute Sale was further
2.M/s Anish Projects Deed:16.12.2015 requested by Op
Developers Pvt Ltd c)Construction Agreement: No.1 & 2.
3.CV Shelters pvt 28.12.2015
Ltd. d)Agreement b/w OP No 2.Supplementary
4.N.H Bhaskar 1& 3: 06.03.2017 Agreement is
Reddy e)Loan sanction Letter: absent between
5.Indianbulls 22.06.2015 the parties
Housing Finance Ltd.
10. On perusal, In CC No 586/2019 it is found that, in pursuance of the agreement to sell, on 30.05.2015, OP No.1 entered into a registered absolute sale deed with the 19 CC/586/2019 to 591/2019 Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 30.05.2015, the Complainants paid to OP No.1 (through op No.5), a sum of Rs.10,80,000/- (Rupees Ten Eighty Thousand Only) by way of DD No. 076085, for a sum of Rs. 10,80,000/- + 60,000/- + 8,21,000/-. The registered absolute sale deed dated 30.05.2015, which is registered as Document No. MLR- 1- 01526-2015-16 of Book I in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Document No.6.
The Opposite party had registered sale deed in favour of the complainant, and hence the Complainant is the absolute owner of all the piece and parcel of property being residential converted Site bearing No.192, measuring East to West 40 feet and North to South 30 feet totally measuring 1200Sq Ft. Carved out of Sy No.22/1 and 22/4 situated at Pichaguntrahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
11. On perusal, In CC No 587/2019 it is found that, in pursuance of the agreement to sell, on 30.05.2015, OP No.1 entered into a registered absolute sale deed with the Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 30.05.2015, the Complainants paid to OP No.1 a sum of Rs.10,80,000/- (Rupees Ten Eighty Thousand Only).
20 CC/586/2019 to 591/2019(Rs.1,98,000/- Rupees One Lakhs Ninety Eighty Thousand Only) via DD no. 374698 dated 27.05.2015 drawn on Axis Bank and Rs.8,82,000/- (Rupees Eight Lakhs Eighty Two Thousand) via DD no. 374699 dated 27.05.2015 drawn on Axis Bank. The registered absolute sale deed dated 30.05.2015, which is Registered as Documents No. MLR-1- 01532-2015-16 of Book I in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Document No.5.
The Opposite party had registered sale deed in favour of the complainant, whereas as the Complainant is the absolute owner of all the piece and parcel of property being residentially converted Site bearing No.189, measuring East to West 40 feet and North to South 30 feet totally measuring 1200 Sq Ft.Carved out of Sy No.22/2 and 22/4 situated at Pichaguntrahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
12. On perusal, In CC No 588/2019 it is found that, in pursuance of the agreement to sell, on 20.01.2016, OP No.1 entered into a registered absolute sale deed with the Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 20.01.2016, the Complainants paid to OP No.1 (through op No.5), a sum of Rs.4,05,000/- (Rupees Four Lakhs Five Thousand Only) and Rs.9,45,000/- (Rupees Nine Lakhs Forty Five Thousand), in total sum of Rs.13,50,000/- (Rupees Thirteen Lakhs Fifty Thousand). Also paid a sum of Rs.6,62,900/- (Rupees Six Lakhs 21 CC/586/2019 to 591/2019 Sixty Two Thousand Nine Hundred) to OP No.2. Therefore, in total a sum of Rs.20,12,900/- (Rupees Twenty Lakhs Twelve Thousand Nine Hundred Only), was released by OP no.5 to OP no.1 and 2. The registered absolute sale deed dated 20.01.2016, which is registered as Document No. MLR-1-07234-2015-16 of Book I in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Exhibit C-5.
The Opposite party had registered sale deed in favour of the complainant, whereas as the Complainant is the absolute owner of all the piece and parcel of property being residentially converted Site bearing No.64,(bearing property id 151900802701220201) measuring East to West 50 feet and North to South 30 feet totally measuring 1500Sq Ft carved out of Sy No.29/3 situated at Pichaguntrahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
13. On perusal, In CC No 589/2019 it is found that, in pursuance of the agreement to sell, on 01.07.2016, OP No.1 entered into a registered absolute sale deed with the Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 01.07.2016, the Complainants paid to OP No.1 a sum of Rs.3,02,400/- (Rupees Three Lakhs Two Thousand Four Hundred Only). The Complainant has further paid the Complainant has further paid Rs.1,00,000/- (Rupees One Lakh Only) towards registration. The registered absolute sale deed 22 CC/586/2019 to 591/2019 dated 01.07.2016, which is Registered as Documents No. MLR-1- 02296-2016-17 and stored in CD No. MLRD-134 in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Document No.6.
The Opposite party had registered sale deed in favour of the complainant, whereas as the Complainant is the absolute owner of all the piece and parcel of property being residentially converted Site bearing No.161measuring East to West 40.03 feet and North to South 33.15 feet totally measuring 1336 Sq Ft Carved out of Sy No.22/4 situated at Pichaguntrahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
14. On perusal, In CC No 590/2019 it is found that, in pursuance of the agreement to sell, on 04.07.2015, OP No.1 entered into a registered absolute sale deed with the Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 04.07.2015, the Complainants paid to OP No.1, a sum of Rs.10,94,310/- (Rupees Ten Lakhs Ninety-Four Thousand Three Hundred and Ten Only). (Rs. 7,94,310, by way of DD No.295785, drawn on Punjab National Bank and Rs. 3,00,000/-, by way of Cheque No. 000002, drawn on HDFC Bank). The registered absolute sale deed dated 07.07.2015, which is registered as Documents No. MLR-1- 02391-2015-16 of Book I in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Document No.6.
23 CC/586/2019 to 591/2019The Opposite party had registered sale deed in favour of the complainant, whereas as the Complainant is the absolute owner of all the piece and parcel of property being residentially converted Site bearing No.156 measuring East to West 40 feet and North to South 30 feet totally measuring 1200 Sq Ft Carved out of Sy No.22/4 situated at Pichaguntrahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
15. On perusal, In CC No 591/2019 it is found that, in pursuance of the agreement to sell, on 20.01.2016, OP No.1 entered into a registered absolute sale deed with the Complainants with respect to the Schedule property. It is pertinent to note that OP No.2, also signed the absolute sale deed as a confirming party. As per absolute sale deed dated 16.12.2015, the Complainants paid to OP No.1, a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs). The registered absolute sale deed dated 16.12.2015, which is Registered as Documents No. MLR-1- 064571-2015-16 of Book I in the office of the Sub Registrar, Malur, Kolar, Bengaluru is produced herewith as Exhibit C-5.
The Opposite party had registered sale deed in favour of the complainant, whereas as the Complainant is the absolute owner of all the piece and parcel of property being residentially converted Site bearing No.121 measuring East to West 50 feet and North to South 40 feet totally measuring 2000Sq Ft Carved out of Sy No.22/5 situated at Pichaguntarahalli Village, kasaba Hobli, Malur Taluk, Kolar District.
24 CC/586/2019 to 591/201916. Further on perusal of the documents, it is found that, subsequently OP No.2 entered into a construction agreement with the Complainants by collecting amount to put up construction and develop the schedule property, in order to build villa. In fact, as per clause 12 of the construction agreement, there is a specific reference to the agreement to sell (entered between OP No.1 and the Complainants). The construction agreement entered between OP No.2 and the Complainants is produced herewith in each case.
17. As per clause 6.1 of the construction agreement, OP No.2, were to deliver possession of the schedule property along with the constructed villa within 1 year. Clause 6.1 is reproduced verbatim as below:
''6 Completion and Delivery of Possession'' 6.1 The possession of the Schedule B Villa will be delivered by the Developers to the owner/s within year from the date of the Construction Agreement.
Provided the Owner's comply with the payment schedule and with the obligations herein and in the Agreement to sell. Though every effort will be made to obtain electrical, water, sanitary connections within the stipulated time to Schedule B Property, no responsibility will be accepted by the Developers for delays in obtaining such connections. clearance certificates from the Statutory authorities and Owners/s shall not be entitled to claim an damage/loses against the developers on the ground of 25 CC/586/2019 to 591/2019 such delay .The Developers also contemplate to complete the development of the layout in '' Common Wealth'' of the items detailed in Schedule C within Twelve months from this day with the grace period of three months and any further delay in providing the said facilities will constitute a breach of this Agreement on the part of Developers''.
18. It is specially alleged by the complainants that, OP No.1 entered into an agreement with OP No.3, allegedly for the development and construction of the project "Common Wealth". The said act of OP No.1, is wholly contrary to the terms jointly agreed between OP No.1, 2 and the Complainants. In order to avoid liability, OP No.1 and 2 have resorted to such devious means, only to enrich themselves at the cost of the complainants. The agreement entered into between OP No.1 and 3 is produced herewith in each of the cases.
19. Further it is alleged by the Complainants that, as per the meeting held with representatives of OP No.1,2,3 and the Complainants at the OP No.3's office, it was informed to the Complainants that the project had been changed from Common Wealth to One World. OP No.3, agreed that the focus will be to develop common infrastructures, civic amenities and Parks to begin with. However OP No.1,2,3 have only given false promises, and there is absolutely no construction that has commenced. OP No.3, has registered ''One World'' under 26 CC/586/2019 to 591/2019 the provisions of the Karnataka Real Estate Regulatory Authority (RERA) at Bangalore on 24.11.2017 under the registration no. PR/KN/171124/002446 and also launched the project "Citrus One World" in leading newspaper Bangalore times 10.05.2019.
20. On perusal of the supplementary agreement placed on record by the complainants, it is found that OP No.1 and the complainants, entered into a supplementary agreement to the construction agreement. In the recitals of the supplementary agreement, it is pertinent to note that OP no. 1 had admitted that it has entered into an agreement for development and construction of the schedule property with OP No. 3. Copy of the supplementary agreement entered into between OP nO.1 and complainants is produced in each case.
21. As per clause 1.2 of the aforesaid supplementary agreement, it was agreed that the supplementary agreement was in supplement to the construction agreement. Further, as per clause 1.3 of the supplementary agreement, it was agreed that OP No.1 and 2, have confirmed the supplementary agreement. Therefore, OP No.1 and 2, are estopped from denying the same.
22. As per clause 2.1 of the supplementary agreement, it was specially agreed that possession of the villa would be given to the Complainants, within May 2018. Clause 2.1 of the 27 CC/586/2019 to 591/2019 supplementary agreement, is reproduced vibration Clause 2 -Time frame a. The first party shall complete the Villa as per the specifications mentioned in the construction agreement and handover possession of villa with phase-1 amenities (Schedule C) to the Second party within May 2018
23. On perusal of the documents placed on record by complainants, it is found that OP No.1 and 2, have miserably failed to deliver the possession of the residential villa within one year (with grace period of 3 months) as per the construction agreement. Further, OP No.1 to 4, have also failed to complete the layout ''Common Wealth/Citrus One world'' within twelve months along with the grace period of months. There has been unreasonable delay on the part of OP No.1 to 4 in delivering the possession of the schedule property to the complainants. Despite several reminders, OP No.1 to 4, have not adhered to the time line in delivering the possession of the schedule property. It is alleged by the Complainants that, on several occasions, the Complainants have, made several visits and enquiries to the schedule property, however, OP No.1 to 4 have never attendee the Complainants seriously and have always given evasive, misleading replies and continued to give false assurances. Op No.2 and 3 have not even started construction in the schedule property.
On perusal of the various email correspondences exchanged 28 CC/586/2019 to 591/2019 between the Complainants and the Opposite parties and the photographs of the schedule property are collectively produced, where in could see, OP No.2 and 3 have not even started construction in the schedule property. Therefore, Opposite Parties Nos.1 to 4 are guilty of deficiency in services and unfair trade practice.
24. The Complainants specifically alleged that, despite several reminders by the Complainants, OP No.1 to 4, have not completed the construction of Villa and the schedule property. Till date there is absolutely no construction of the villa on the schedule Property, as promised by OP No.1 to 4. Therefore, OP No.1 to 4 are jointly and severally liable for deficiency of services. OP No.1 to 4 are liable to pay compensation to the complainants for not completing the Villa and handing over the possession of the schedule property.
25. The Opposite Party No.5 has taken a contention that he on a request made by the complainants, opposite party No.5 has disbursed loan to the complainants. Towards that loan, Agreement is executed between the Complainants and opposite party No.05. The said loan is secured. Per the terms and conditions of the loan Agreement which is read and duly signed by the complainants, the liability to repay loan is absolute, it has to be accepted. Opposite Party No.5 is not privy to any of the contracts/agreements entered into between the Complainants and opposite Party Nos 1 to 4 .Opposite Party No.05 has no knowledge of the transactions that are 29 CC/586/2019 to 591/2019 alleged to have taken place between the Complainant and opposite Party Nos 1 to 4 in the memorandum of complaint.
26. By bare perusal of the complaint and the application it is evident that the grievances of the Complainants are only against opposite party No.1 to 4. For the alleged default committed by opposite party Nos 1 to 4, Opposite Party No.5 cannot be restrained from recovering its dues. The balance of convenience lies in favour of Opposite Party No.05 the liability of the complainants to make payments towards the loan in favour of opposite Party No.05 is absolute and independent of the stage of construction or date of delivery of possession.
27. It is well settled law that interim relief can only be in aid of or ancillary to the final relief. The Complainants in the memorandum of complaint or in the application under reply has not been made an allegations of deficiency of service or otherwise establishing a cause of action as against Opposite Party No.5. The Complainants has not sought for any final relief as against Opposite Party No.05. It is case of the Complainants that the complainants availed loan from opposite party No.05 and paid the same to opposite party to purchase the schedule property in a question the sale deed executed by the opposite party No.01 and 2, and as per the sale deed the complainants was put in possession, they have become absolute owner of site. Under such circumstances, opposite party No 5 cannot be restrained from recovering its dues. The balance of convenience lies in favour of opposite party No 5. The liability of the complainants to make 30 CC/586/2019 to 591/2019 payments towards the loan in favour of OP No.5 is absolute and independent of the stage of construction. Hence, the relief sought for the application under reply cannot be granted against opposite party No.05 and complaint against OP No.05 is dismissed.
28. It is found from the averement made in the complaint that complainants themselves have admitted in the complaint to the effect that opposite party No. 1 & 2 have executed a sale agreement for sale of a Schedule property. The said cost mentioned in the agreement includes the cost of site as well as cost of construction of the Villa. They have further stated that Opposite party No. 1 & 2 have misrepresented the complainants that cost of the site @ Rs.1,800 per sq. Ft. It is further submitted that after due discussions and deliberations said agreement of sale the registered sale deeds have also been executed by opposite party no. 1 & 2 in favour of the complainants. In the above such circumstances we are of the considered opinion that, there is no force or coercion or misrepresentation to the complainants for the purpose of entering into the agreement of sale as well as for the purpose of executing the registered sale deed in respect of site sold to the complainants.
29. The complainants have sought for direction to the OP Nos 1 to 4 to refund of the entire sale price towards purchase of the site and construction of the villa on the schedule property along with interest there on at 10% p.a, this claim is not fully justifiable. The claim is unacceptable because the opposite party 31 CC/586/2019 to 591/2019 Nos 1 & 2have executed registered sale deed of the respective sites in favour of complainants and the possession of the sites is with the complainants. i.e, the complainants have become the absolute owner of the respective sites. Under such circumstances, the complainants cannot seek refund of the value paid for the sites from the OPs unless cancelling the sale deed executed by the opposite party No.1 & 2. This commission has no power to cancel the sale deed, The competent civil court has power to cancel the sale deed but the complainants without approaching the civil court has come up with the present complaint before this commission which has no jurisdiction to cancel the sale deed executed by the opposite parties in favour of the complainant in respect of sites in question, unless and until complainants surrender the sale deed and should get their sale deed cancelled, the sale price paid by the complainants to the opposite parties cannot be directed to refund the same by the opposite parties.
Therefore, the complainants losses their right to seek refund of the sale value paid to the opposite parties, unless and until the sale deed is cancelled by the competent court of law.
Since Complainants have purchased the site and they are absolute owners of the respective sites, knowing full well that the development and construction of the project ''common wealth'' to be completed by the OPs, yet purchased the property in question .The complainant being the purchaser should also to be aware of all these aspects of the builder and developers business tactics 32 CC/586/2019 to 591/2019 and if in spite of such notice purchased the site is bound to suffer.
30. In view of such discussions, to consider the claim of the complainants, commission cannot award sale price towards purchase of the sites. The Complainants sought refund of the value paid for the sites from the OP Nos 1 to 4 is non-refundable. It is relevant to mention here that the complainants have further pursuant to the execution of registered absolute sale deed a construction agreement was entered into by the complainants for the purpose of putting up construction of Villa. The Complainants has to be held established that only on account of deficiency on the part that there is absolutely no construction of the Villa on the schedule property, as promised by OP No.1 to4.
31. The fact that there is an agreement entered into between the opposite party no. 1 and 2 with the opposite party No. 3 for the purpose of construction of villa in each of the sites purchased by the complainants. Therefore the said construction was required to be carried out by the opposite parties 1 to 4 and they are jointly and severally liable for deficiency in service.
The complainants have averred that, OP No.2 entered into a construction agreement, by collecting amount to put up construction and develop the schedule property in order to build villa. We are of the view that, when a construction agreement is entered between the parties, provides for a manner in which a particular thing must be done, then that thing must be done in that manner only. The complainants have waited almost 8 years 33 CC/586/2019 to 591/2019 till this date is not justifiable, which amounts to deficiency in service as well as unfair trade practice. OP Nos 1 to 4 despite knowing the fact that they are unable either to commence or complete the villa have retained the amount paid by the complainants at the time they entered into construction agreement. Without their being an valid cause OP Nos 1 to 4 have absolutely no reason to with hold the amount paid by the complainants for construction. The said conduct of OP Nos 1 to 4 amounts to grave deficiency in service.
32. As per clause 12 of the construction agreement there is a reference to the agreement to sell:
As stated above, the owner/s have also entered into an agreement to sell and MOU for amenities for purchase of Schedule 'A' Property, to enable the owner/s to get constructed the schedule 'B' Villa through the Developers and the same shall be treated as part and parcel of one transaction and both these agreement shall be co-terminus. The termination of either of the Agreement will result in termination of both the agreements without having to independently and separately terminate both the agreements.
33. As per agreement to sell it is hereby agreed by and between the parties as follows:
SALE PRICE AND PAYMENT The SELLER/ DEVELOPERs shall sell and purchaser/s shall purchase constructed schedule 'C' villa on schedule 'b' property for the sale consideration stipulated in the Annexure-A 34 CC/586/2019 to 591/2019 hereto. The consideration includes proportionate cost for development of schedule 'A' property' in the form of common internal roads, drainages, compound and lightening etc. as per the jurisdictional planning authority., including for those detailed in Schedule 'D' herein.
The total sale consideration for sale of Schedule 'B' Property is as shown in the Annexure-A. The purchaser/s has/have paid the seller/DEVELOPERs an advance stated in the Annexure-A therein against provisional allotment of the Plot and the balance sale price shall be paid in the, manner stated in the said Annexure-A. Payment in terms of Annexure-A is essence of this Agreement as any delay would hamper/delay the completion of development of Schedule 'A' property.
It is observed that as per the agreement to sell complainants agreed to purchase the plot and also further agreed to pay the price fixed for construction.
In CC-586/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 1200 Sq.ft for a sale price Rs.21,60,000/-(Rupees Twenty One Lakhs Sixty Thousand Only) and having a built-up area 1390 Sq.Ft for a sale price Rs.29,40,000/- (Rupees Twenty Nine Lakhs Forty Thousands Only) fully detailed in clause 2 of payment clause hereto and total sale consideration of Rs.51,00,000/- (Rupees Fifty One Lakhs Only).35 CC/586/2019 to 591/2019
In CC-587/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 1200 Sq.ft for a sale price Rs.21,60,000/-(Rupees Twenty One Lakhs Sixty Thousand Only) and having a built-up area 1257 Sq.Ft for a sale price Rs.22,40,000/- (Rupees Twenty Two Lakhs Forty Thousands Only) fully detailed in clause 2 of payment clause hereto and total sale consideration of Rs.44,00,000/- (Rupees Forty Four Lakhs Only).
In CC-588/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 1500 Sq.ft for a sale price Rs.27,00,000/- and having a built-up area 1257Sq.Ft for a sale price Rs.21,64,360/- and total sale consideration of Rs.48,64,360/- (Rupees Forty Eight Lakhs Sixty Four Thousand Three Hundred and Sixty Only).
In CC-589/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 1336 Sq.ft for a sale price Rs.12,02,000/-(Rupees Twelve Lakhs Two Thousand Four Hundred Only) and having a super built-up area 1472 Sq.Ft for a sale Rs.34,97,600/- (Rupees Thirty Four Lakhs Ninety Seven Thousands and Six Hundred 36 CC/586/2019 to 591/2019 Only) fully detailed in clause 2 of payment clause hereto and total sale consideration of Rs.47,00,000/- (Rupees Forty Seven Lakhs Only).
In CC-590/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 1200 Sq.ft for a sale price Rs.17,01,000/-(Rupees Seventeen Lakhs One Thousand Only) and having a built-up area 1257 Sq.Ft for a sale price Rs.27,99,000/- (Rupees Twenty Seven Lakhs Ninety Nine Thousands Only) fully detailed in clause 2 of payment clause hereto and total sale consideration of Rs.45,00,000/- (Rupees Forty Five Lakhs Only).
In CC-591/2019 in furtherance of the consensus-ad-idem reached to between the parties the confirming party has agreed to sell and the Purchaser/s has/have agreed to purchase the Schedule "B" property for hear under, admeasuring a plot area 2000 Sq.ft for a sale price Rs.36,00,000/-(Rupees Thirty Six Lakhs Only) and having a built-up area 2341 Sq.Ft for a sale price Rs.39,00,000/- (Rupees Thirty Nine Lakhs Only) fully detailed in clause 2 of payment clause hereto and total sale consideration of Rs.75,00,000/- (Rupees Seventy Five Lakhs Only) (Including Of CHC,2 years Maintenance, Siking fund)
34. WHEREAS the payment plan for construction agreement, In furtherance of the consensus-ad-idem reached to 37 CC/586/2019 to 591/2019 between the parties confirming party has agreed to construct and the Purchaser/s has/have agreed to pay for construction the Schedule "B" property for a total construction cost of Rs.29,40,000/- in CC-586/2019, Rs.22,40,000/- in CC- 587/2019, Rs.21,64,360/- in CC-588/2019, Rs.34,97,600/- in CC-589/2019, Rs.27,99,000/- in CC-590/2019, Rs.39,00,000/- in CC-591/2019. The said amount mentioned above in each respective cases the complainants shall pay for constructing a Villa in Slab vise as mentioned below.
Milestones %
Construction Agreement 15%
On completion of foundation 25%
On completion of Ground floor slab 10%
On completion of First floor slab 10%
On completion of Internal and External 15%
Plastering
On completion of Flooring/ Electrical/ 15%
Plumbing Works
On Possession/Completion 10%
Plus
CHC,
ST&VAT
35. The complainants filed chief examination affidavit by reiterating the complaint averments as against the OPs and also produced relevant documents in support of their contention. Complainants placed copy of Absolute sale deed between OP No.1 and the complainants of the purchased sites. It is therefore, complainants cannot be held entitled for the amount paid for the sites. Value paid for the sites is non-refundable. However, complainants are held entitle only for refund of the amount paid 38 CC/586/2019 to 591/2019 towards construction of the villa. The complainants has to be held established that only on account of deficiency on the part that there is absolutely no construction of the villa on the schedule property, as promised by OP No.1 to 4. As per the email communication, it clearly discloses that the entire communication between complainants and the OPs with regard to the construction of the villa. The complainants have also produced the photographs of the Schedule property clearly discloses that the OP Nos 1 to 4 have not even started construction in the schedule property.
As per the specification mentioned in both the agreement to sell and as well as in construction agreement entered between complainants and opposite parties, in which it is clearly and categorically assessed the work which is to be done by the OPs in stage wise and the total valuation of the said construction of the villa is made for a sum of Rs.29,40,000/- in CC-586/2019, Rs.22,40,000/- in CC-587/2019, Rs.21,64,360/- in CC- 588/2019, Rs.34,97,600/- in CC-589/2019, Rs.27,99,000/- in CC-590/2019, Rs.39,00,000/- in CC-591/2019.
From the perusal of contention of the complainants and by appreciating the exhibits produced by the complainants, the commission has come to the conclusion that the act and omission of OPs 1 to 4 attracts deficiency in service on their part for which they are unable either to commence or complete the construction of the villa. Thereby OP Nos 1 to 4 are held liable to refund the amount collected to put up construction of villa as per the agreed construction agreement entered with the 39 CC/586/2019 to 591/2019 complainants. OP Nos 1 and 2 have registered sale deed in favour of the complainants thus the complainants become the absolute owners of the respective sites. Hence complainants have no rights to claim the amount paid for the purchased sites. Consequence of this complainants are held entitled only for the amount paid towards construction of the villa on the said property as per the terms and conditions entered between the parties. Therefore OP Nos 1 to 4 are held liable to refund the amount paid by the complainants only towards construction of the villa after deducting the amount paid for purchase of sites in each case of the complainants.
36. In our view, first part of relief in the complaint would be sale price towards purchase of the site which cannot be awarded or issue directions against opposite parties 1 to 4 refund that amount paid for purchased sites which is non-refundable .The second part that alone has to be considered is the advance amount collected by the Ops from Complainants for construction of the Villa. However, Complainants are held entitled only for refund of the amount paid towards construction of the Villa. The Complainants has to be held established that only on account of deficiency on the part that there is absolutely no construction of the Villa on the schedule property, as promised by OP No. 1 to 4.
As per the terms of construction agreement admittedly entered in between complainants and opposite parties, were as the payment plan for construction, agreed to between the parties that the Complainants shall pay in slab vise as mentioned in construction agreement in each case, to pay for construction of 40 CC/586/2019 to 591/2019 the Villa. Although Complainants have avered that they have paid advance amount, in so far as payment towards construction, the complainants have failed to specify in concise with required materials and it is their bounden duty under law to establish from the materials to be placed in support of the advance payment paid towards construction and the same would be necessarily requires of evidence.
37. Further to consider the claims of the complainants, we have place reliance on the decision of Hon'ble Supreme Court reported in 2019 SAR (Civil) 522 in the case of Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan wherein it is held that:
Consumer Protection Act, 1986 - Sec.2(o) and 23 - Deficiency in Service-Appeal-Possession of flat-Delay in delivery- Builder failed to fulfill his contractual obligation of obtaining the Occupancy Certificate and offering possession of the flat to Purchaser within the time stipulated in the Agreement, or within a reasonable time thereafter-Flat Purchaser could not be compelled to take possession of the flat, even though it was offered almost 2 years after the grace period under the Agreement expired-Clear case of deficiency of service made out-Order of National Commission awarding refund of deposited money with 10% S.I.p.a. interest upheld.
In the light of the decision cited supra, we come to the conclusion that complainants are entitled for refund of the 41 CC/586/2019 to 591/2019 amount paid only towards construction of the villa. The complainants have placed copy of absolute sale deed of the purchased sites. It is therefore amount paid by the complainants for the purchase of the sites is non-refundable. However, each complainants held entitle for refund of amount paid for construction of the villa after deducting towards value paid for the sites.
ORDER
1. In the above such conclusion, commission proceeds to allow the complaints filed under section 17 of the consumer protection Act, 1986 in part.
OP Nos 1 to 4 are jointly and severally directed to refund the amount collected from each complainants for construction of the villa deducting the amount paid for the purchased sites in each case of the complainants. The complaint against OP No.5 is dismissed.
2. OP Nos 1 to 4 are jointly and severally directed to refund the amount collected from each complainants for construction of the villa as per the receipts issued to them along with interest @ 10% p.a from the date of receipt of amount till realization.
3. Further directed Ops 1 to 4 jointly and severally to pay Rs.1,00,000/- (One Lakh Only) to each complainant towards compensation for the deficiency in service, 42 CC/586/2019 to 591/2019 inconvience and mental agony suffered by the complainants.
4. Further directed Ops 1 to 4 jointly and severally to pay Rs.25,000/- (Twenty Five Thousand Only) to each complainant towards cost of litigation.
5. The Opposite parties shall comply the order within 60 days from the date of this order. In case, the opposite parties fail to comply the order within the said period, the above said amount of Rs.1,25,000/-( one Lakh twenty five thousand ) carries interest at the rate of 12% p.a from the date of Complaint till the date of payment.
6. Furnish free copy of this order to both parties.
Lady Member Judicial Member President *sp*