Date of filing : 02.11.2018 Date of Disposal:25.05.2023 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATE: 25.05.2023 PRESENT HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT Mr. KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER Mrs. DIVYASHREE M: LADY MEMBER CONSUMER COMPLAINT No.481/2018 Sriramavasan.V.

Aged about 30 years, S/o R. Ventakeshwaran, R/a No.101, Sai Homes-Block-1, Shirdi Sai Nagar, Munnekolala, Marathahalli, BANGALORE-560037 ……Complainant/s (By Mr. Stanley Sam, Advocate for these Complainants)

-Versus-

1. M/s Dreamz Infra India Pvt. Ltd.

Rep. by its Managing Director, Ms.Disha Choudhary, No.577/B, 2^ND floor, Outer Ring Road, Teacher’s colony, Koramanagala, Near Silk Board, BANGALORE-560034

2. Ms.Disha choudhary Aged about 30 years, No.577/B, 2^nd Floor, Outer Ring road, Teacher’s colony, Kormangala, Near Silk Board, BANGALORE-560034.

..Opposite party/s (Ex parte)

//ORDER//

BY Mrs. M. DIVYASHREE : LADY MEMBER

1. This is the complaint filed by complainant under section

17 of Consumer Protection Act, 1986 to direct OPs to refund the entire amount of Rs.26,00,000/- (Twenty Six Lakhs Only) along with 18% p.a from the date of receipt till realization; to pay Rs.5,00,000/- (Five Lakhs Only) towards compensation for harassment, inconvenience and mental agony; to pay Rs.50,000/- (Fifty Thousand Only) towards legal expenses.

2. This complaint is received on 02.11.2018 through advocate came to be admitted and ordered notice of this complaint on OP-1 and OP-2. Counsel for complaint files memo along with hand summons served on OP No.2. OP No.2 is managing director of OP No.1. Hence, service of notice to OP.Nos.1 and 2 is held sufficient since OP.2 is in judicial custody, thereby OP. Nos 1 and 2 are placed exparte.

3. The commission proceed to hold an enquiry by receiving affidavit evidence and documents submitted by complainant / Sriramavasan.V and on closure of enquiry, having heard the learned counsel for complainant, and on going through the materials placed on record, commission to decide on the alleged deficiency of service on the part of OP.1 and 2, and if it is shown as alleged, what reliefs to be granted deem fit in the circumstances of case.

4. The brief facts of the complaint stated as under:-

The complainant states that the advertisement given by the OP in ‘THE HINDU’ newspaper on 29^th Aug 2015 and visited the office of the OP in silk board. OP persuaded him by showing their various projects in Sarjapur, Marathahalli and HSR layout. The prospectus along with CD given by the OP is hereby produced and marked as Ex-C1.

5. The complainant state that trusting the OP and in good faith for possessing an adobe of his own has booked two flats one for himself and for his parents. Trusting the OP booked two Flats in the OP project named as “Dreamz Shloka”, situated at HSR Layout, on 30/08/2015 for 2 (Two) 2BHK Apartment measuring 1100Sq.ft, each vide Debit Card of HDFC Bank for an amount of Rs.2,00,000/- as the booking amount. The receipt bearing no. 3498 and 3499 acknowleding the payment of Rs.1,00,000/- each, towards the booking of both the flats by the OP are hereby produced and marked as Ex-C3 and Ex-C4. Bank statement showing the revelant transaction is also hereby produced and marked as Ex-C5.

6. Complainant made the second payment of Rupees

16,00,000/- (Rupees Sixteen Lakhs towards the purchase flats in the following manner (A) On 04/09/2015 a sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy-Five Thousand only) vide debit card swiping. The receipt bearing no. 3542 acknowleding the payment of Rs.2,75,000/- (Rupees Two Lakhs Seventy-Five Thousand Only) by the OP towards the part payment consideration of both the flats is hereby produced and marked as Ex-C6.

(B) On 05/09/2015 a sum of Rs.2,50,000/- (Two Lakhs Fifty Thousand Only) vide debit card swiping. The receipt bearing no. 3547 acknowledging the payment of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by the OP towards the part pay