BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH)
DATED THIS THE 21st DAY OF MARCH 2022
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
CONSUMER COMPLAINT NO. 16/2021
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1.
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Mr. Joy Joseph Padamadan,
S/o Mr. Padamadan Lonachan Joseph,
Aged about 50 years,
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.…… Complainant/s
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2.
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Mrs. Jansi Mary Jose,
W/o Mr. Joy Joseph Padamadan,
Aged about 47 years,
Both are r/at No.4018,
Wheat Harvest Ln,
Katy, TX 77494, USA
Represented by their power of attorney holder
Mr. Shyson Thomas,
Aged about 54 years,
S/o Late Mr. P.C. Joseph,
At the Landmark, 21/15, M.G. Road, Bangalore 01.
(By Sri B. Vikhar Ahamed)
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V/s
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Sterling Developers Private Limited, A Company incorporated under the provisions of the Companies Act, 1956, Having its registered office at No.8, Cubbon Road,
Level 5 Prestige Nebula,
Bengaluru 560 001.
(By Sri M.A.P.)
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.... Opposite Party/ies
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ORDER
MR. RAVISHANKAR , JUDICIAL MEMBER
1. This is a complaint filed by the complainant alleging deficiency in service on the part of the Opposite Party to pay a sum of Rs.1,07,31,057/- towards refund of the amount paid by the complainant along with interest at 18% p.a., a sum of Rs.20,000/- towards damages and compensation towards deficiency in service.
2. The complainant was admitted accordingly and issued a notice to the Opposite Party and the Opposite Party appeared and filed version afterwards posted the case for affidavit evidence of the complainant. During the course of trial, both parties have filed a memorandum of compromise petition u/o 23 Rule 3 of CPC duly signed by both parties as follows;
(i) The Opposite Party has through its counsel entered appearance and has filed its statement of objections in the present case.
(ii) During the course of the present proceedings, the parties have come to an amicable settlement and they wish to have the settlement written in this Compromise Petition.
(iii) The Opposite Party has agreed to pay the complainant a sum of Rs.1,05,17,842/- in the following manner;
(a) A sum of Rs.80,17,842/- by way of DD bearing No.184849 drawn on HDFC Bank, Kasturba Gandhi Marg Branch, Bengaluru in favour of Mr. Joy Joseph Padamadan.
(b) A sum of Rs.25,00,000/- by way of Demand Draft bearing No.185607 drawn on HDFC Bank, Kasturba Gandhi Marg Branch, Bengaluru in favour of Mr. Joy Joseph Padamadan.
(iv) A sum of Rs.20,00,000/- would be paid by the Opposite Party to the complainant at the earliest but in any event no later than six months from the date of execution of the present Memorandum of Settlement.
(v) The complainant had secured an ICICI Home Loan in respect of the Unit bearing No.301, 3rd Floor, Block 2 at Sterling Infinia, Koramangala-Sarjapur Main Road, Bangalore 560 034 vide loan application number 7781263631 as on date, a sum of Rs.1,62,389=80 is due and payable by the complainant. The complainant No.1 shall have the said outstanding loan amount paid to I
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