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1 CC.No.31/2021
Date of Filing :19.04.2021
Date of Disposal :18.01.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 18th DAY OF JANUARY 2022
PRESENT
HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs.M.DIVYASHREE : LADY MEMBER
CC.No.31/2021
1. Mridula Manu
W/o Sanjith Kuttan
Aged about 38 years
2. Sanjith Kuttan
S/o M.Kuttan,
Aged about 38 years
Both R/at A-702,
Epitome Crowne,
Bilekahalli, Ranka Colony,
Bannerghatta Road,
BTM Layout,
Bengaluru-76. … Complainant
(By Adv.Sri.B.K.Sampathkumar)
-Versus-
1. M/s.LGCL Properties Pvt. Ltd.
Having its office at No.12/1,
Rest House Road,
Bengaluru-01.
Rep by its Director
2 CC.No.31/2021
(By Adv.Sri.P.P.Hegde)
2. Axis Bank Ltd.,
Having its office at
Retail Assets Center,
No.19, 60 ft road,
Sahakaranagar,
Bengaluru-92.
Rep. by Branch Manager ..Opposite Parties
(By Adv.Sri.Jai.M.Patil)
O R D E R
HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT
1.
This complaint is filed U/s.47 of CPA 2019 by the Complainant
No.1
&
2/husband
&
wife
(Complainants)
against
OP.1/developer & OP.2/bank (Ops) and sought for directions
as:
1. Direct the OP.1 to refund Rs.46,32,902/- paid by
the Complainants along with interest at 2% above
MCLR of SBI commencing from 30.10.2017 till the
date of receipt of the amount by the Complainants.
2. Direct the OP.1 to refund Rs.40,61,639/- paid by
the Complainants to OP.2 towards bank loan pre-EMIs
and EMIs and other charges in respect of loan a/c
no.PHR056102916548 along with interest at 2% above
MCLR of SBI commencing from 25.01.2018 till the
date of receipt of the amount by the Complainants.
3. Direct OP.1 to repay the balance outstanding loan
amount availed from OP.2 by the Complainants as per
3 CC.No.31/2021
actual in respect of said loan a/c including the
principal and interest components, directly to the said
bank.
4. Direct OP.1 to refund to the Complainants along
with interest at 2% above MCLR of SBI, any further
sums paid by the Complainants to OP.2 towards the
said bank loan account from this date onwards.
5. Direct OP.2 not to make any demand or request to
the Complainants towards payment of the EMIs from
the date of this complaint in respect of the said loan
account and to collect the remaining instalments
directly from the OP.1 without any adverse effects on
the credit ratings of the Complainants
6. Direct OP.1 to pay Rs.5 lakhs each of the
Complainants towards mental agony and suffering.
7. Direct OP.1 to pay Rs.1 crore to the Complainants
towards opportunity loss.
8. Direct OP.1 to pay the cost of this complaint.
2.
The brief facts of the case of the Complainants/husband and
wife are that, upon promises and assurances of OP.1/developer,
they booked the Row House bearing No.12, super built up area
2652 sq.ft with exclusive right to use 750 sq.ft of terrace area
and 446.71 sq.ft of garden area along with 2718.13 sq.ft of
undivided share in the land on which the project namely Row
House Residential real estate project known as „LGCL Pueblo‟
was built consisting of 59 houses with amenities such as
4 CC.No.31/2021
swimming pool, parks and open spaces, club house etc., by
entering in to sale and construction agreement dtd.18.11.2017
for a total sale consideration of Rs.2,06,71,402/-. As per the
agreements the possession of the house was on 30.06.2019.
Since the OP.2/bank i
