Date of Filing : 11.04.2011 Date of Disposal:11.01.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED :11.01.2022 PRESENT HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT Mr K B SANGANNANAVAR : JUDICIAL MEMBER Mrs DIVYASHREE M : LADY MEMBER COMPLAINT No.73/2011

1. Mr Rajesh Vellakkat, Aged 39 years, Advocate, R/at No.111, Admiralty Manor, 6^th Main, 13^th Cross, Indiranagar 2^nd Stage, Bengaluru – 560 008.

2. Mrs Preeti Vellakkat, Aged 32 years, R/at No.111, Admiralty Manor, 6^th Main, 13^th Cross, Indiranagar 2nd Stage, Bengaluru – 560 008.

(By Mrs. Gayatri Sridharan, Advocate) Complainants - Versus -

M/s Skyline Constructions and Housing Pvt. Ltd A Company Incorporated under Companies Act.

Having its Registered office at No.11, Hayes Road, Bengaluru – 560 025. Opposite party (By Mr N Shivakumar, Advocate)

: O R D E R :

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is a complaint filed under section 17 of Consumer Protection Act, 1986 against the OP with the following prayer -

a. To pay Money paid towards purchase of the Flat :

Rs.37,31,580/-.

b. To pay Interest accrued on the payments made @18% p.a upto 31 March 2011, amounting to Rs.26,48,562/- and interest for the whole amount till date of payment.

c. To reimburse for the Loss of Income Tax benefits on the interest and repayment of the principal amounting to Rs.5,00,000/- (Rupees Five lakhs).

d. To reimburse the expenses incurred for having paid the Rent to have alternate housing accommodation, during the delayed period construction and handing over of the constructed premises amounting to Rs.5,00,000/- (Rupees Five lakhs).

e. Compensation for deprivation of the benefit of escalation of the price of that flat, inconvenience caused, anxiety, mental agony caused, calculated to be of Rs.5,00,000/- (Rupees Five Lakhs).

2. It is the case of the Complainant, that based upon the oral representations, assurances made in the Brochure, specification details mentioned in the website and paper advertisements, the Complainants jointly booked a flat allotted number A-204 in the Project under construction called ‘SKYLINE FOUNTAIN HEAD’ and entered into three Agreements with the OP, viz., Agreement of Sale, a Construction Agreement and Maintenance Agreement on 22 August 2006 and purchased a Flat under construction, bearing No.204, on the First Floor of Block A of the building premises known as SKYLINE FOUNTAIN HEAD measuring 1537 Sqft. along with one Car parking space, together with proportionate un- divided share of, right, title and interest in the lands. As per the Terms of the Agreement of Sale and Construction Agreement, Complainants have paid the OP on time altogether a sum of Rs.37,31,580/- as per the details hereunder, by availing Housing Loan from the State Bank of Mysore and agreed to pay the remaining amount at the time of delivery of possession and execution of the Absolute Sale Deed.

Date	Particulars	Amount Rs
01.08.2006	Cheque No.317380, dated 28.07.2003 Receipt No.0202	1,00,000
02.08.2006	Cheque No.342124, dated 01.08.2006 Receipt No.0213	2,00,000
02.08.2006	Cheque No.636372, dated 01.08.2006 Receipt No.0214	50,000
02.08.2006	Cheque No.317382, dated 01.08.2006 Receipt No.0215	64,620
07.10.2006	Cheque No.342129, dated 07.10.2006 Receipt No.0315	2,00,000
07.10.2006	Cheque No.636374, dated 06.10.2006 Receipt No.0316	1,00,000

04.11.2006	Cheque No.019006, dated 04.11.2006 Receipt No.0359	3,21,930
23.12.2006	Cheque No.019593, dated 22.12.2006 Receipt No.0501	14,51,170
08.12.2007	Cheque No.024568, dated 08.12.2007 Receipt No.0562	5,00,000
10.12.2007	Cheque No.417055, dated 08.12.2007 Receipt No.0579	1,210,930
30.05.2008	Cheque No.026838, dated 30.05.2008 Receipt No.0359	5,00,000
13.06.2008	Payment, dated 13.06.2008. Receipt No.111	1,21,930

As per Clause 1(g) of the Construction Agreement, OP had agreed to hand over the possession of the property duly comple

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