Transcity Developers — Court case not refunding an amount cheating case

Address:	560080
Website:	www.protranscity.com

Before the honb’le district consumer forum at bangalore

Complaint no. 334 /2016
Between
M. V. Dhanalakshmi …complainant

And
M/s. Pro transcity developers
And another.. Opposite parties

Contact : +[protected] mail id : [protected]@protranscity.In


Examination - in-chief of the complainant by way of affidavit
I, m. V. Dhanalakshmi, w/o venu gopal, r/no. Hig-143, 5th phase, k. P. H. B colony, hyderabad, telangana - 500 085, today at bangalore, do hereby solemnly affirm on state on oath as follows:

1. I am the complainant in the above case, i know the facts of the case, hence i am swearing to this affidavit.

2. I submit that the opposite party no.1 is a partnership firm represented by its managing partner. The opposite party 2 is the managing partner of the opposite party no.1
3. I submit that i was looking to purchase the site in the year of 2012, at that time the opposite party no. 1 & 2 were offered to sell the plot no. 642, formed in the layout called as “orchid paradise” situated at malemachanahalli village, jangamakote hobli, shidlaghatta taluk, chikkaballapur district, measuring east to west 40 ft., north to south 30 ft., totally measuring 1, 200 sq. Ft. Which is more fully described in the schedule hereunder and hereinafter referred to the schedule property for valuable consideration of rs.5, 10, 000/-/- (Rupees five lakh ten thousand only), i. E., @ rs.425 per sq. Ft., which is inclusive of amenities viz., underground drainage system, water, electricity, landscaped garden, park, road with street light.

4. I submit that the opposite party no.1 & 2 represented that they are absolute owner of the schedule property. That accordingly i was agreed to purchase the schedule property for valuable consideration of rs. 5, 10, 000/- (Rupees five lakh ten thousand only).

5. I submit that on 07/11/2012 i have entered into an agreement of sale with opposite parties with respect to schedule property by paying advance amount of rs.1, 55, 000/- (Rupees one lakh fifty five thousand only) and agreed to pay the balance sale consideration amount of rs.3, 55, 000/- (Rupees three lakhs fifty five thousand only) at the time of execution and registration of sale deed thereof.
6. I submit that from the date of the agreement of sale, the opposite party no. 1 &2 went on postponing the execution and registration of sale deed of the schedule property in favour of me on one or other reasons. I had requested for several times, several visits and demands made by me the opposite party no.1&2 not executed the sale deed

7. I submit that thereafter once again i was visited the office of the opposite party no.1 in the month of may 2015, then i was got shock and surprise when instead of coming forward for the execution and registration of sale deed of the schedule property, i was asked to choose some other plot stated to be developed by the opposite party no.1 in some other place. I was agreeable for the same as i had never intended to purchase any other plot that what was chosen by me. The opposite party no.1 &2 have not fulfilled the obligations as stated above. Hence i have given legal notice through my advocate on[protected] for terminate the said agreement of sale and sought relief/refund of rs. 1, 55, 000/- (Rupees one lakh fifty five thousand only) being repayment of the actual advance amount paid by me and interest of rs. 18, 600/- for the said advance amount at the rate of 12% p. A. From and sum of rs. 1, 00, 000/- (Rupees one lakh only) as compensation towards loss of acquiring such a plot on such price rate and for the hardship, as well as metal agony caused to me.
8. I further submit that legal notice was served to the opposite party no.1 & 2 but the opposite party neither replied or complied the reliefs. Hence this complaint.
9. I deny the claim of the opposite party that only the no of the site was changed. Infact they were allotting a different site altogether which was not acceptable to me. I further submit that the opposite party did not bother to reply to the legal notice which has been received and acknowledged by both the opposite parties. Hence the claim of the opposite party that they are not aware of the issuance of legal notice is false and only to wriggle out of their responsibility. I submit that the very reason for which i have sought for refund is not providing the site allotted which is the same offer the opposite party is giving which is not acceptable to me. I submit that when the plot allotted to is not given there is no question of me paying the balance consideration. The opposite party cannot insist on me taking a plot for which i have not opted.

10. I submit that nowhere in the agreement there is any mention of the approval or sanction not being made at the time of agreement. Further there is no mention of even the numbers being subject to change by the planning authority as alleged. It is submitted that all these contentions are taken only to cover up their deficiencies.
11. I deny that i have violated any condition of the agreement and put the opposite party to strict proof of the same.
12. I submit that the opposite party is guilty of deficiency in service as they have failed to come forward to hand over possession property and execute the sale deed in my favour of the site allotted to me as per the agreement of sale. Hence they are liable to refund the amount of rs. 1, 55, 000/- paid along with interest @ 12% pa from date of agreement. That the acts of the opposite party has caused great mental harassment and agony to me for which i need to be compensated by paying an amount of rs. 100000/- as compensation and cost of this complain.
Wherefore it is prayed that this forum be pleased to direct the opposite party
(A) for repayment of rs.1, 55, 000/- (Rupees one lakh fifty five thousand only) which was paid by the complainant at the time of agreement of sale along with interest at the rate of 12% p. A. From the date of agreement of sale to till realization of the amount.
(B) and further directed to pay rs.1, 00, 000/- (Rupees one lakh only) as compensation towards loss of acquiring such a plot on such a price rate and for the hardship, as well as, mental agony caused to complainant
©and grant cost of the complaint with other reliefs as this hon’ble forum feels fit in the fact and circumstances of this case in the interest of justice and equity.
I, do hereby verify and state that what is stated herein above in paras 1 to 9 is true to best of my knowledge, information and belief.

Identified by me
Deponent
Advocate
No of corrections:
Bangalore
Date:


Memorandum of complaint u/section 12 of consumer protection act.

The complainant above named begs to submit as under:-

1. The address of the complainant for the purpose of service of summons, notice, etc as shown in the cause title and that of their counsel nandita haldipur, advocate, “ sharnag apartments” flat no. 102, ground floor, 18th cross, malleshwarm, bangalore - 560 055.
2. The address of the respondent for the above said purpose is correct shown in the cause title.
3. The opposite party no.1 is a partnership firm represented by its managing partner. The opposite party 2 is the managing partner of the opposite party no.1
4. The complainant was looking to purchase the site in the year of 2012, at that time the opposite party no. 1 & 2 were offered to sell the plot no. 642, formed in the layout called as “orchid paradise” situated at malemachanahalli village, jangamakote hobli, shidlaghatta taluk, chikkaballapur district, measuring east to west 40 ft., north to south 30 ft., totally measuring 1, 200 sq. Ft. Which is more fully described in the schedule hereunder and hereinafter referred to the schedule property for valuable consideration of rs.5, 10, 000/-/- (Rupees five lakh ten thousand only), i. E., @ rs.425 per sq. Ft., which is inclusive of amenities viz., underground drainage system, water, electricity, landscaped garden, park, road with street light.

5. The complainant submits that the opposite party no.1 & 2 represented that they is absolute owner of the schedule property. That accordingly the complainant agreed to purchase the schedule property for valuable consideration of rs. 5, 10, 000/- (Rupees five lakh ten thousand only).

6. That on 07/11/2012 the complainant entered into an agreement of sale with opposite parties with respect to schedule property by paying advance amount of rs.1, 55, 000/- (Rupees one lakh fifty five thousand only) and agreed to pay the balance sale consideration amount of rs.3, 55, 000/- (Rupees three lakhs fifty five thousand only) at the time of execution and registration of sale deed thereof. The copy of the agreement of sale produced as annexure-a.
7. The complainant submits that from the date of the agreement of sale, the opposite party no. 1 &2 went on postponing the execution and registration of sale deed of the schedule property in favour of complainant on one or other reasons. The complainant submits that after several requests, several visits and demands made by complainant the opposite party no.1&2 not executed the sale deed

8. The complainant submits that thereafter once again the complainant in the month of may 2015 visited the office of the opposite party no.1 when the complainant was got shock and surprise when instead of coming forward for the execution and registration of sale deed of the schedule property, the complainant was asked to choose some some other plot stated to be developed by the opposite party no.1 in some other place. The complainant was agreeable for the same as she had never intended to purchase any other plot that what was chosen by her. The opposite party no.1 &2 have not fulfilled the obligations as stated above. Hence the complainant has given legal notice through her advocate on[protected] for terminate the said agreement of sale and sought relief/refund of rs. 1, 55, 000/- (Rupees one lakh fifty five thousand only) being repayment of the actual advance amount paid by the complainant and interest of rs. 18, 600/- for the said advance amount at the rate of 12% p. A. From and sum of rs. 1, 00, 000/- (Rupees one lakh only) as compensation towards loss of acquiring such a plot on such price rate and for the hardship, as well as metal agony caused to complainant. The copy of the legal notice is produced as annexure-b and two postal receipts is produced as annexure-c and two postal acknowledgments are produced as annexure-d for perusal of this hon’ble forum.

9. The complainant further submits that legal notice was served to the opposite party no.1 & 2 but the opposite party neither replied or complied the reliefs. Hence this complaint.
10. The cause of action arose when the opposite party failed to register the site in favour of the complaiant and finally in july 2015 when the opposite party inspite of receipt of the legal notice sent on behalf of the complainant failed to refund the amount paid with interest and cost.

11. That for purpose of this act the total claim of the complainant is less than rs. 20 lakhs. The opposite parties voluntarily carry on business and have a branch office within the jurisdiction of this forum and the cause of action has arisen within the jurisdiction hence this hon’ble forum has jurisdiction to adjudicate this dispute.

12. The opposite party is guilty of deficiency in service as they have failed to come forward to hand over possession property and execute the sale deed in her favour.
13. The complainant has not filed before the any forum or court any case inrespect to the same cause of action. It is further submit that the complaint is the within the limitation and the necessary fee has been paid.

Wherefore it is prayed that this hon’ble tribunal is to be directed to pay to complainant as
(A) for repayment of rs.1, 55, 000/- (Rupees one lakh fifty five thousand only) which was paid by the complainant at the time of agreement of sale along with interest at the rate of 12% p. A. From the date of agreement of sale to till realization of the amount.
(B) and further directed to pay rs.1, 00, 000/- (Rupees one lakh only) as compensation towards loss of acquiring such a plot on such a price rate and for the hardship, as well as, mental agony caused to complainant
©and allow the complaint with reliefs as think by this hon’ble triubunal

Advocate for complainant complainant

Verification

I, m. V. Dhanalaxmi, the complainant above named do hereby verify and state that what is stated herein above in paras 1 to 10 is true to best of my knowledge and belief.
Bangalore
Date complainant
Before the district consumer dispute redressal forum bangalore
Complaint no. Of 2016
Between:
M. V. Dhanalakshmi …complainant
And
M/s. Prodevmeo transcity developers,

Affidavit

I, m. V. Dhanalakshmi w/o venu gopal, r/no. Hig-143, 5th phase, k. P. H. B colony, hyderabad, telangana - 500 085do hereby solemnly affirm and state as follows.

1. I am the complainant in the above matter and am conversant with the facts of the case hence i am deposing as under
2. I submit all the averments made in the complaint are true to the best of my information, knowledge based on the records.

Deponent
I do hereby verify and state that what is stated herein above is true and correct my best of knowledge and belief,.
Hyderabad
Dated deponent

Identified by me


Advocate


Before the district consumer dispute redressal forum bangalore
Complaint no. Of 2016
Between:
M. V. Dhanalakshmi …complainant
And
M/s. Prodevmeo transcity developers.. Opposite party

List of documents
1. Copy of agreement of sale
2. Copy of legal notice
3. Copy of receipt for sending notice by rpad
4. Copy of acknowledgement


Bangalore
Date advocate for complainant