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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member
M/s. Ashoka Investment Co., Through Its Partner Shri K.L. Rajgarhia —Complainant
versus
M/s. United Tower India Pvt. Ltd. —Opp. Party
Consumer Case No.377 of 2000
Decided on 16.3.2015
For the Complainant:Mr. Janendra Lal, Advocate With Ms. Yasmin Tarapore, Advocate
For the Opp.Party:Mr. B.S. Nagar, Advocate With Mr. Mithilesh Kumar & Ms. Kuldeep Kaur, Advocates
IMPORTANT POINT
Words in letter for compensation of sale consideration “sole discretion” smacks of arbitrariness, arrogance and highhandedness.
Headnote:(i) Consumer Protection Act, 1986 — Section 2 (1) (d) (i) — Partnership Firm — HELD — complainant is a ‘consumer’, as per the law, prior to the amendment. [Para 13]
(ii) Consumer Protection Act, 1986 — Section 15, 17, 19 & 21 — Possession of Flats — Allotment cancelled but no refund sent to complainant — HELD — Matter delayed by complainant itself — Complainant should have paid amount and got premises in dispute — For which no fault can be attributed on part of OP — OP directed to refund amount of total sale consideration to complainant — With interest @ 9% p.a. till date of refund. [Paras 23 & 24]
Result: Complaint disposed of
J.M. Malik, Presiding Member—The instant complaint was filed by M/s. Ashok Investment Co., the complainant, through its Partner, Sh. K.L. Rajgarhia, against M/s. United Tower India Pvt. Ltd, the Builder and Promoter, OP, for possession of two flats at Bangalore, on 29.11.2000. After going through the brochure, the complainant applied for two flats which were to be constructed at 13, Ali Asker Road in Corporation Division No.59, Civil Station, Bangalore, to be known as ‘Krishna Apartments’. The complainant paid a sum of Rs.2,00,000/- on 12.05.1980 in the sum of Rs.1,00,000/- for each flat. An agreement of sale was executed on 17.05.1980 in respect of the flat Nos.501 & 502.
2. The complainant paid a sum of Rs.50,000/- , on 10.06.1980 and a sum of Rs.1,00,000/-, on 20.08.1980. On 10.09.1984, the complainant requested the OP to send him the agreement to purchase as the same was required to be produced by the complainant before the Income Tax Department at the hearing of his case. However, the needful was not done. Reminder letters were sent on 25.11.1985 and 10.11.1986. In the meantime, the OP received a letter of demand dated 01.01.1991 informing that the occupation certificate with respect to the building had been received from the Bangalore Mahanagar Palika and requiring the complainant to make payment of an additional sum of Rs.3,60,796/-. The said letter was replied on 17.01.1991, wherein the OP was informed that the complainant was not liable to pay the said demands detailed in Annexure G, by the OP. It was explained that the stamp duty was payable on the purchase price of the flats only and not on Rs.8,55,000/- as was calculated by the OP. It was also objected that the legal charges in the sum of Rs.15,000/- were extortionate. Since the property was not transferred in favour of the complainant, therefore, he was liable to pay house tax and it would pay an amount of Rs.4,000/- towards the share amount for the Apartment Owner’s Association, that too, if the same amount was payable by every flat owner and that he was not liable for general expenses or for any amount towards alleged additional work. It was contended that the complainant had paid entire amount and, therefore, the question of payment of any security did not arise.
3. Thereafter, the OP vide letter dated 19.03.1991, informed the complainant that it had not, at the time of addressing the letter dated 01.01.1991, got the actual break-up of expenses. They had, therefore, required the complainant to make the payment on account. A sum of Rs.1,56,046/- was demanded. The details of the expenses, run as follows :-
A. Conveyance Deed
a. Stamp duty | AS PER
b. registration charges | ACTUALS/ RULES
Deposit for Taxes–Property,Transfer etc|
Property tax|
b) Khata transfer fee |
B. Formation of Apartment Owners’ Association
a. Share amount Rs.3,000/-
b. Association Formation & Documentation Rs., 500/-
c. Consultant’s fee Rs.,500/-
C. General Expenses/Outgoings
a. Insurance for One year @ 0.50 per Sft. Rs. 855/-
b. Electricity & Water (Deposits) Rs.1,000/-
c. Maintenance & Management charges/
expenses for three months @ 0.50
per Sq.ft per month Rs.,565/-___________
Rs.4,420/-
D. Additional works and expenses thereof
a. Fire fighting installation @ Rs.4/- per Sft Rs.6,840/-
b. Generator sets installation @ Rs.6/- per Sft. Rs.10,260/-
c. Telephone wiring @ 0.60 per Sft Rs.1,026/-
d. Escalation charges @ Rs.50/- per Sft Rs. 85,500/-
e. Karnataka Electricity Board (Prorata) Rs. 8,000/-
f. Water & Sewerage Board (Prorata) Rs. 12,000/-
g. Incidentals Rs.10,000/-
E. Security deposit
Interest free Rs.10,000/- ___________
Rs.10,000/-
____________
Rs.1,56,046/-
F. Balance due of the total value of the flat Rs.____________
Total amount payable Rs.1,56,046/-
(Rs. One lakh fifty six thousand and forty six only)
For UNITED TOWERS INDIA PVT. LTD.
Sd/-
(TECHNICL DIRECTOR)”.
4. The OP, again, vide letter dated 04.06.1991 required
