| Complaint Case No. CC/429/2019 | | ( Date of Filing : 29 Aug 2019 ) |
| | | | 1. Ranjith.R.Suvarna | | Aged about 61 years,
S/o Sanjeeva Suvarna,
R/a Door No.104, 1st floor,
Matrix Diya,
Kunjibettu, Udupi-576101 | | Udupi | | Karnakata |
| ...........Complainant(s) | |
| Versus | | 1. Manjunatha Kalkura | | Aged about 86 years,
S/o Late Narayana Kalkura,
R/a Om Nivas, Sagri,
Udupi Tq., & Dist. | | 2. S.Prasanna Kumar | | Aged about 50 years,
S/o Manjunatha Kalkura,
R/a Om Nivas,
Sagri, Udupi Tq.& Dist. | | 3. Smt.Sureka P.Kalkure | | Aged about 40 years,
W/o Prasanna Kalkura,
R/a Om Nivas, Sagri,
Udupi Tq., & Dist. | | 4. M/s Sagri Builders and Developers | | Om Nivas, Sagri,
Shivalli village,
Udupi | | karnataka |
| ............Opp.Party(s) |
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| Final Order / Judgement |
BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 22nd NOVEMBER 2022
PRESENT
HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT
Mr KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M: LADY MEMBER
Consumer Complaint No.429/2019
Ranjith R Suvarna,
Aged about 61 years,
S/o Sanjeeva Suvarna,
R/a D.No.104, 1st Floor,
Matrix Diya, Kunjibettu,
(By Nataraja Ballal, Adv.)
-Versus-
- Manjunatha Kalkura,
Aged about 86 years,
S/o Late Narayana Kalkura,
R/a Om Nivas, Sagri,
Udupi Taluk and District.
- S. Prasanna Kalkura,
Aged about 50 years,
S/o Manjunatha Kalkura,
R/a Om Nivas, Sagri,
Udupi Taluk and District.
- Smt. Surekha P Kalkura,
Aged about 40 years,
W/o Prasanna Kalkura,
R/a Om Nivas, Sagri,
Udupi Taluk and District.
- M/s Sagri Builders and Developers,
Om Nivas, Sagri, Shivalli Village,
Udupi Taluk and Distirct. ………………..Opposite Parties
ORDER
BY Mrs. M.DIVYASHREE : LADY MEMBER
- This is a complaint filed under Section 17 of Consumer Protection Act, 1986 with a prayer to direct OPs to repay an amount of Rs.61,66,850/- to the complainant along with interest @ 15% p.a. from the date of amount paid till realization. Further prayed to direct OPs to pay an amount of Rs.20,00,000/- to the complainant towards the mental agony and harassment undergone by him along with cost of the proceedings and such other reliefs as the Commission deems fit.
- On admission of this complaint, notice of the complaint is ordered on the OPs. Although the notice of complaint is served on OPs, yet they remained absent and accordingly OPs are set exparte. During the course of enquiry it is found that complainant Sri.Ranjith R Suvarna expired on 19.09.2020. Hence his wife Smt.Lalitha Suvarna bought as LR of deceased complainant to prosecute this complaint. The LR of deceased complainant submitted affidavit evidence which are marked as Ex.C1 to C9(c). The Commission heard learned counsel for the complainant and we examined the contents of the complaint, relief claimed and affidavit evidence.
- It is the case of the complainant that OP no.1 to 3 being the partners of OP no.4 M/s Sagri Builders and Developers commenced construction of residential apartment building on an immovable property situated at Shivalli Village of Udupi Taluk and District, which is more fully described in Schedule-A property. The complainant with fond hope of having the dream house entered into an Agreement of Sale on 15.04.2013 for sale of an apartment/flat which is described in Schedule-B property in this complaint. In this regard, complainant had paid Rs.61,66,850/- to the OPs by cash, is hereby acknowledges the receipt of the same which is clearly mentioned in the clause-3 of Ex.C1 i.e. Agreement of Sale dated 15.04.2013. But still now OPs have not shown any interest in completing the construction or in otherwords, failed to complete the construction work and handover the flat to the complainant. OPs being the bu
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