STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA CONSUMER COMPLAINT NO. SC/29/CC/251/2014 Sri.Santhosh Kumar M.

PRESENT ADDRESS - S/o Late K.V.Kunhikanna Marar Aged 47 years Apartment No.346, 3rd Floor Phase III O Block Platinum City Yeshwanthpur Bangalore-560 022 ,KARNATAKA.

.......Complainant(s)

Versus Mr.Ziaulla Sheriff and another PRESENT ADDRESS - Managing Partner M/s. Sheriff Constructions Sheriff Centre 73/1, St.

Marks Road Bangalore-560 001 ,KARNATAKA.

Mr.Nazeer Ahmed PRESENT ADDRESS - Proprietor M/s. Nacons Engineers & Builders Nacons House House No.75/3/2 8th Main, 3rd Block Jayanagar Bangalore-560 011 ,KARNATAKA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 03/02/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 3^rd DAY OF FEBRURY, 2025 PRESENT SRI RAVI SHANKAR – JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI - MEMBER COMPLAINT Nos. 250/2014, 251/2014, 342/2014 and 343/2014

1. Complaint No.250/2014:

Mr.Senthil Kumar.R.K., S/o Mr.R.Krishnan, Aged 50 years, R/at Apartment No.842, th

8 Floor, Phase III “O” Block, Platinum City, Yeshwanthapur, Bengaluru – 560 022 (By Sri.Anil Kalgi, Advocate)

….. Complainant/s

2. Complaint No.251/2014:

Sri.Santhosh Kumar.R.K., S/o Late K.V.Kunhikanna Marar, Aged 47 years, Apartment No.346, rd

3 Floor, Phase III “O” Block, Platinum City, Yeshwanthapur, Bengaluru – 560 022

(By Sri.Anil Kalgi, Advocate)

3. Complaint No.342/2014:

Mr.Anilkumar.K, S/o Mr.K.Sreedharan Nambiar, Aged 40 years, Residing at flat No.T-430, rd

3 Floor, Phase II “O” Block, Platinum City, Yeshwanthapur, Bengaluru – 560 022 (By Sri.Anil Kalgi, Advocate)

4. Complaint No.343/2014:

Mr.Prajeen Kumar, S/o Mr.M.K.Vasudevan, Aged 40 years, Residing at flat No.S-324133, nd

2 Floor, Phase II “O” Block, Platinum City, Yeshwanthapur, Bengaluru – 560 022 (By Sri.Anil Kalgi, Advocate)

V/s

1. Mr.Ziaulla Sheriff, Managing Partner, M/s. Sheriff Constructions, Sheriff Centre, 73/1, St.Marks Road, Bengaluru -560 001 …. Opposite Party/s

2. Mr.Nazeer Ahmed, Proprietor, M/s. Nacons Engineers & Builders, Nacons House, th House No.74/3/2, 8 Main, rd

3 Block, Jayanagar, Bengaluru – 560 011 (Opposite Parties are same in all the complaints)

(OP.No.1 - By Sri.Kamal & Bhanu, Advocate)

(OP.No.2 - By Sri.Mohammed Arif Khan Makki, Advocate)

COMMON ORDER

SMT. SUNITA C.BAGEWADI - MEMBER The Opposite Parties are same in all the complaints and the complainants are different. The facts involved in the complaints are one and the same. Hence, for the sake of convenience, these two complaints have taken up together to pass a common order.

2. The complainants filed these complaints against the Opposite Parties alleging deficiency of service and prays for direction against the Opposite Parties to pay a sum of Rs.89,01,718/-, Rs.89,01,718/-, Rs,82,16,225/- and Rs.82,16,225/- as compensation for mental agony and deficiency of service and grant such other relief deems fit in the interest of justice and equity.

3. The brief facts of the complaints are that by virtue of a joint venture agreement dated 18-9- 2003, the Opposite Party No.1 entrusted the construction of the building in favour of the Opposite Party No.2 in the residential/property land bearing No.2, HMT Main Road, Yeshwanthpur Corporation Division No.1/2, Bengaluru. Accordingly a residential apartments building namely platinum city project was constructed in the above said property. The complainants and many persons decided to purchase a residential apartment unit in the above said joint venture of the accused. Both Opposite Parties entered into an agreement to sell/agreement to build with the 2^nd Opposite Party wherein the terms and conditions were stipulated and embodied. The complainants have paid the entire amount of sale, being the consideration for the sale of the apartment and further paid total sum of Rs.19,01,718/-,