| Complaint Case No. CC/223/2018 | | ( Date of Filing : 22 May 2018 ) |
| | | | 1. Amit Pal | | S/o Ram Lagan Pal,
Aged about 32 years,
R/a No.938, Sector-4,
Vikasnagar, Lucknow-226022 |
| ...........Complainant(s) | |
| Versus | | 1. M/s Kristal Projects(India) Ltd | | No.1, 4th Cross, 29th Main,
BTM layout II stage,
Bangalore-560076 | | 2. Mrs.Latha K.Namboodiri, | | Director,
M/s Kristal Projects (India) Ltd.
No.1, 4th Cross, 29th Main,
BTM layout II stage,
Bangalore-560076 |
| ............Opp.Party(s) |
|
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| Final Order / Judgement | Dtd.16.11.2022 CC/223/2018
O R D E R
BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.
- This is the complaint filed by Complainant U/s.17 of CPA 1986 to direct OPs the following reliefs:
1. To pay interest at 18% p.a. from the date of receipt of the amount till handing over possession of the flat apart from Rs.2/- per sft., per month as agreed from March 2015 to till final hand over of the constructed flat.
2. To pay damages of Rs.15 lakhs for the mental agony, pecuniary stringency faced by the Complainant for paying interest on the loan amount received from their bank vis-a-vis paying rent per month separately for renting the house separately.
3. To complete the construction immediately and handover vacant possession and to get the flat registered in favour of the Complainants.
- This complaint came to be admitted before the Commission and notice ordered against OP.1 & 2. OP.2 was served, but failed to participate in the proceedings, is declared exparte, while OP.1 is served through Paper Publication, is also declared exparte since failed to participate in the proceedings pursuant to Paper Publication. In such circumstances, Complainant submits affidavit evidence along with documents and the Commission closed the enquiry. Having heard the learned counsel for Complainant, on going through the contents of complaint, affidavit evidence and documents, Commission to decide on the alleged rendering deficiency in service on the part of OP.1 & 2 and to pass suitable orders.
- Learned counsel for the Complainant submits that, in similar matters CC/206 to 215/2017, CC/374 & 375/2017, Commission on 08.04.2019 allowed the complaints and directed OP.1 & 2 to refund the amount received by them together with interest at 12% p.a. from the date of receipt of payment till the date of realisation along with compensation of Rs.1 lakh and to find support copy of the order dd.08.04.2019 is placed before Commission.
- Let us come to the case on hand, wherein, Complainant submits that, OP.1 represented by OP.2 entered in to agreement of sale dtd.13.12.2012 to sell the flat bearing no.601, consisting an area of 1140.13 sft. of built up area in the 6th floor, out of a proportionate super built up area of 1376 sft. together with undivided share on land measuring 458.26 sft. in the project known as ‘Kristal Selenite Apartment’. Learned counsel for the Complainant submits that, so far project is not completed and as against agreed price of Rs.47,40,000/-, Complainant had paid Rs.42,71,000/- and even after receiving 90% of the total sale consideration, OP.1 & 2 failed to keep up their promise agreed under agreement dtd.13.12.2012. It was agreed as per clause 6(i) project ought to have completed and handover the possession of the flat on or before August 2014, yet failed to complete the project even after raising consumer complaint, and they failed to participate in the proceedings for the reason best known to them. In such circumstances, Complainant has to be held entitle to seek refund of money paid to OP.1 & 2. Accordingly, Commission proceed to allow the complaint in part and direct OP.1 & 2 to pay Rs.42,71,000/- al
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