sc 129 lAl33s8l2Ot6 & tt4t/20]17 Date of Filing : 29.72.20t6 Date of Disposal : 08.09.2025 BEF RE THE KARNATAKA STATE CONSU MER DISPUTES REDRESSAL COMMISSIO N, BENGA URU (PRTNCTPAL BENCH)

DATED THIS THE 8th SEPTEMBER 2025 PRESENT HON,BLE MT JUSTICE T G SHIVASHANKAREGOWDA:

PRESIDENT MTsM DIVYASHREE : LADY MEMBER sc/ 29 / A 33s8/2016 & t t4L / 2Ot7 sc/2 9/ A 33sAt2016 M/s Mohitsham Complexes ^pvt. Ltd., 6th & 7th Floor, Empire Mall M G Road Mangaluru - 575 003 Rep. by its Managing Director Mr S M Arshad (Mr Udaya Prakash Muliya, Advocate) Appeltant -Versus-

1. Mr Maxim Charles Lewis S/o Late Joseph Lewis Residing at'Joseph's Cote'

l(innigoli Post, D.K (By Mr M B Gagan Ganapathy, Advocate)

sc lAl3358l2Ot6 &, t14rl2017

2. Mr. Noel F C Pinto S/o Late William ^pinto 'Joseph Villa'

Chilimbi, Mangaluru - 575 006 (Served - Absent)

3. Mrs lacintha Pinto Wo Mr Noel F C Pinto 'Joseph Villa'

Chilimbi, Mangaluru - 575 006 Respondents (Served Absent)

scl29tA L14Lt20L7 Mr Maxim Charles Lewis S/o Late Joseph Lewis Major Residing at'Joseph's Cote'

Kinnigoli Post, Dakshina Kannada Represented by his GpA Holder Mr Nicholas Lewis Major Residing at'Joseph's Cote'

Kinnigoli Post Dakshina Kannada - 574150 Appellant (By Mr M B Gagan Ganapathy, Advocate)

-Versus-

1. Mr. Noel F C Pinto s/o Late william Pinto 'Joseph Villa'

Chilimbi, Mangaluru - 575 006 (Served - Absent)

2. Mrs Jacintha Pinto W/o Mr Noel F C Pinto 'Joseph Villa'

Chilimbi, Mangaluru - 575 006 (Served - Absent)

sc 129 lAl33s8l2076 &, I r41 /20t7

3. M/s Mohitisham Complexes ^pvt. Ltd.

6th & 7th Floor, Empire Mall M G Road, Mangaluru - 575 003 Represented by its Managing Director MrSMArshad Respondents (By Mr Uday Prakash Muliya, Advocate for Respondent No.3)

:ORAL COMMON ORDER:

PER : Mr JUSTICE T G SHMSHANKARE GOWDA:

PRESIDENT These two Appeals are filed U/S 15 of Consumer Protection Act, 1986 challenging the Order dated

2t.07.20L6 passed in Consumer Complaint No.2119/2013 by District Consumer Disputes Redressal Commission, Mangaluru Additional Bench, Dakshina Kannada (for short, the District Commission). Since the facts and law involved in both the Appeals are identical in nature taken up together for common disposal.

2, In Appeal No.3358/2016, Appellant was the Opposite party No.3 (for short the OP), Respondent No.1 was the Complainant, Respondent No.2 and 3 were Ops 1 &

2, Whereas, in Appeal No,1141/2017, Complainant was the Appellant and the Respondents 1 to 3 were the Ops 1 to 3 sc/29/Al3ss8l2016 & 114r /2017 before the District Commission. For the sake of convenience, the rank of the parties shall be referred to as per their status before the District Commission.

3.

The brief facts of the case are that, OPs 1 & 2 are the Land Owners of Schedule A-property, which consists of undivided right in the land bearing resurvey Nos. 123/22. t23/20, 1.23/19, L23/23 & t23/24 respectively measuring to an extent of 0.33.50 guntas and also resurvey No.1.24/t2A measurlng to an extent of 0,27.00 guntas situated Kadri-A Village, Bendore Ward, within the limlts of Mangaluru City Taluk. OP3 is the Builder. On 19.10.2014, OPs 1 & 2 have entered into a loint Development Agreement with OP3 to develop the said property and by virtue of it OP3 was empowered to enter into an Agreement with intending purchasers for sale of proportionate undivided right in Schedule-A property and also apartments to be constructed.

4. By seeing the project coming up in Schedule-B property, the Complainant approached OP3 and purchased scl29lAl3358l2076 & rr4r

12017

2 bed room apartment bearing No.705 on the 7th Floor of 'The Cottage' measuring 1,205 sq, ft built up area along with additional common area of 40.06 sq. ft totally measuring t,245.06 sq. ft, along with 7.37o/o undivided right in the common area, with amenities and also car parking space No.44B in the Ground Floor.

5.

Complainant paid an advance of Rs.3,15,000/- and also issued 3 Cheques viz., dated 29.12.2005 for Rs.1,08,500/-, dated 18.01.2006 for Rs.54,000/-

and dated 22.02.2006 for Rs,69,000/- respecti