Date of filing: 19.10.2016 Date of disposal: 10,02,2026 BEFORE THE CIRCUIT BENCH KALBURGI STATE CONSUMER DISPUTES REDRESSAL COMMISSION. KALBURGI.

DATED: loth DAY OF FEBRUARY 2026 PRESENT CoRAM: HON'BLE Mr. JUSTICE T.G. SHMSHANKARE GOWDA - ^PRESIDENT and -

HON,BLE MTS. DIVYASHREE M LADY MEMBER sc t cBL I 29 I RBT / ^A / 2A36 I 20L6 Mangal Realty, Partnership Firm, Represented before the District Forum by Sri. Sampat, S/o. Shankarlal Gilada, Now Represented by Sri. Narayandas R Jaju, S/o. Late Sri. Raghunathdas Jaju, Aged About 61 Years, Gopal eement Spun Pipe Works, Sedam Road, Gulbarga-585 105.

....Appellant/s.

(Rep. by Sri. A.M. Patil, Advocate)

'Yls -

Smt. Hameeda Begum, Wife of Sri Dastagir Sab Mallikar, Aged About 33 Years, Residing at Yadrami, TQ: Jewargi, Gulbarga.

(Rep. by Sri. R.R.Hiremath, .....Respondent/s.

Advocate)

ORAL ORDER (PER:HON'BLE Mr. ,USTICE T.G. SHMSHANKARE GOWDA, PRESIDENT)

This Appeal is filed by the opposite ^party Under Section 15 of the Consumer Protection Act, ¹⁹⁸⁶ challenging the order dated: l9l02l2OLG ^passed in ^C.C. No.31/2014 by the District Consumer Disputes Redressal Forum, Kalaburagi.

2. The Appellant was the opposite ^party and Respondent was the complainant 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 is that, opposite party is a builder and he has developed a layout at Gita Nagar, situated at Kalnoor Village, Sadem Road, Kalaburgi.

to The complainant after coming know about the formation of the layout obtained the membership No.330 for plot bearing No.1060, measuring 40 x 60 sq. ft. The total consideration of the ^plot IS Rs.8,52,000/-. The complainant has paid Rs.2,000/- on 13.10.2011, Rs.8,000/- on 21.10.2011 and Rs.8,000/- on 23.L7.ZOLI and again she made payment of Rs.10,000/-. The complainant is required to pay the remaining installments at 16 EMIs at Rs.10,000/- each. Opposite party collected the EMIs for about 06 months at the initial stage thereafter they did not collect the same.

3(a).

On enquiry, since the membership of the complainant was cancelled, the amount that was already paid was forfeited and the agreement came to be cancelled. The complainant is ready to ^pay the balance amount of Rs.3,30,000/- which is due on the date of the enquiry, but it was refused by the opposite party. of Hence pleading deficiency service complainant has filed the complaint before the District Commission seeking direction to the opposite ^party to receive the balance consideration of Rs.3,30,000/- and direction to pay compensation of Rs.25,000/-.

4.

The opposite party has opposed the complaint by filing the version contending that, there was a booking of the plot No.1060 by the complainant measuring 40 x 60 sq. ft. to be formed at Gita Nagar, Kalaburgi. She has paid an initial amount of Rs.80,000/- on various dates. Though she was required to pay Rs.40,000/- at the time of booking she has not paid the same. She was required to pay 60 EMIs of Rs.10,000/- each same was not paid and for every 11th month once she is required to pay additional EMI of Rs.40,000/-/ same was also not paid and at the time of registration balance of Rs.50,000/- required to be paid. The complainant has paid the money in bits and pieces to an extent of Rs.80,000/- thereby she committed default and therefore by issuing a notice dated: 16.02.2013 with specific reason the agreement came to be cancelled and the opposite ^party is entitled to forfeit the amount as per the terms and conditions of the it was forfeited.

agreement, accordingly The complainant is not entitled to relief as ^prayed in the complaint and sought for dismissal of the complaint.

5. Before the District Commission the complainant has filed her affidavit evidence as PW-1 and 13 documents came to marked as Exhibits-P-1 to P.13 (Exhibit-P.14 is though marked, but same is not mentioned in the impugned order). On behalf of the opposite party the Manag