| Complaint Case No. CC/500/2015 | | ( Date of Filing : 01 Oct 2015 ) |
| | | | 1. Rafeek Ahamad, | | S/o. Late S.F.A. Basha, Aged about 34 years, R/at NCN Classic Flat-309, 2nd main Lakeview Residency, Haralur Road-560102. |
| ...........Complainant(s) | |
| Versus | | 1. Sri. N. Surendra Naidu, | | Proprietor, M/s. NCN Developers No.27, 3rd cross, Nanjappa Garden Babusapalya Kalyan Nagar post, Bangalore-43. | | 2. Sri. N.Surendra Naidu, | | S/o. N.Chinnaswamy Naidu, 5th floor, NCN Gold Apartment Adjacent to sai sri pride apartment, Flower Garden Babusapalya, Kalyan Nagar post. Bangalore-43. |
| ............Opp.Party(s) |
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| Final Order / Judgement | |
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 28th DAY OF SEPTEMBER 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
COMPLAINT NO. 500/2015
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Rafeek Ahamad,
S/o Late S.F.A. Basha,
Aged about 34 years,
R/at NCN Classic, Flat-309, 2nd Main, Lakedew
Residency, Haralur Road,
Bangalore.
(By Sri K. Munireddy)
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.…… Complainant/s
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V/s
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1.
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Sri N. Surendra Naidu,
Proprietor,
M/s NCN Developers,
No.27, 3rd Cross, Nanjappa Garden, Babusapalya, Kalyan Nagar Post, Bangalore 43.
(Unserved)
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... Opposite Party/ies
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2.
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Sri N. Surendra Naidu,
S/o N. Chinnaswamy Naidu,
5th Floor, NCN Gold Apartment, Adjacent to Sai
Sri Pride Apartment,
Flower Garden, Babusapalya,
Kalyan Nagar Post,
Bangalore 560 043.
(Placed exparte)
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ORDER
MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER
1. This is a complaint filed by the complainant alleging deficiency in service in not providing necessary certificates like Possession Certificate, Occupancy Certificate, Commence Certificate, ‘A’ Khata and other title documents. Further prayed to issue direction to pay service and VAT and also pay Rs.51,44,589/- to the complainant in respect of sale consideration as Part A & B. Further prayed to pass orders to pay a sum of Rs.11,65,206/- to the complainant towards interest to the principal amount at 12% p.m. from 01.01.2014 to 30.09.2015 and also interest at 12% till realization of payments/amount from the date of complaint along with compensation and costs.
2. The averments in the complaint are as hereunder;
It is the case of the complainants that the Opposite Parties approached the complainant with the brochures and other related document in respect of their newly proposed projects and showed the prospects and explained about the project and construction of Old Converted Sy.No.112/1, New No.112/A. (Conversion vide Official Memorandum dt.23.05.2003, bearing No. BDS:ALN (E) (V.B) S.R. 8/2003-04, issued by the office of the Special Deputy Commissioner, Bangalore District, Bangalore) present BBMP Katha No.50/112/1A situated at Haralur Village, Varthur Hobli, earlier Bangalore South Taluk, presently Bangalore East Taluk, Bangalore presently under the Administrative Jurisdiction of BBMP, totally measuring 0.17 Guntas or 18,513 sq.ft. Believing on Opposite Party’s sweet words the complainant accepted the request and booked a 2 BHK flat bearing No.309 in your NCN Classic project on 10.07.2013 for a total value of Rs.48,44,216/- excluding Vat, Service tax, registration and legal charges. On the same day the complainant issued a Demand Draft bearing No.000815 dt.10.07.2013 in favour of NCN Developers for a sum of Rs.1,00,000/- as an advance towards part of sale consideration. After that entered an agreed of sale as per terms and conditions entered in the agreement of sale for a total sale consideration of Rs.48,91,467/- (flat cost + car parking + service & VAT + Registration + Legal Charges) in the project building etc.
3. The complainant further submitted that the Opposite Parties entered
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