GLOBAL ASSOCIATES Vs. NANDINI RAJASHEKAR

JUDGEMENT

(1.) The present First Appeal No. 145 of 2020 has been filed under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") by M/s Global Associates (hereinafter referred to as the Appellant/ Opposite Party No.1) against Mrs. Nandini Rajshekhar (hereinafter referred to as the Respondent No.1/ Complainant) and Bank Manager, HDFC Ltd. (hereinafter referred to as the Respondent No.2/ Opposite Party No.2) assailing the Order dtd. 31/8/2017 in Consumer Complaint No.132 of 2012 passed by the State Consumer Disputes Redressal Commission, Karnataka at Bangalore (hereinafter referred to as the "State Commission"), whereby the Complaint filed by the Respondent No.1/ Complainant was partly allowed.

(2.) Brief facts of the case as narrated in the Complaint are that the Respondent No.1/ Complainant came to know about this project through Paper Advertisement and the Appellant/ Opposite Party No.1 had offered pre-launch of flat amount for Rs.34,00,000.00. The Respondent No.1/ Complainant booked a Flat Nos.705 A and B on the seventh floor of the Mint Block of project "H.M. World", having super built up area measuring 1995 sq. ft. on booking amount of Rs.1,00,000.00. She further paid an amount of Rs.1,11,931.00 in respect of Flat No.705B and Rs.2,78,778.00 in r/o of Flat No.705A at the time of Sale Agreement/ Construction Agreement executed on 17/1/2005. After signing of Agreement, the Respondent No.1 had also availed loan from the HDFC Bank amounting to Rs.27,17,196.00 bearing loan Account No. 1324846 on 30/7/2005. Thereafter, the Bank has disbursed the loan amount of Rs.23,69,547.00 and rest of the amount was to be disbursed at the time of Registration of the Sale Deed i.e. end of August, 2006.

(3.) The Respondent No.1/ Complainant further stated in the Complaint that due to some personal reasons she could not repay the EMI during 6 months but after July, 2011 she had cleared the outstanding amount and paid regular Pre-EMI. Thereafter, the Bank has informed the Appellant/ Opposite Party No.1 regarding the same and forwarded the original Sale Deed to them for registration of the property in the name of the Respondent No.1. But, suddenly, the Bank informed the Respondent No.1/ Complainant about cancellation of sale/ construction agreement by the Appellant/Opposite Party No.1 on 18/5/2010. On 31/7/2012, the Complainant had sent a legal notice to the Appellant/ Opposite Party No.1 requesting them to register the Property in question. Till October, 2012, the Appellant/ Opposite Party No.1 did not take any steps for that reason, the Respondent No.1 had asked to refund her full deposit money alongwith interest through mail. On 17/10/2012, the Bank Manager informed that the Appellant/ Opposite Party No.1 had sent two Demand Drafts to the Bank amounting Rs.24,87,675.00 in favour of the Bank and Rs.3,72,581.00 paid by the Complainant in the year 2006. However, the Respondent No.1 refused to accept the DD, amounting to Rs.3,72,581.00. She stated that Appellant/ Opposite Party No.1 till today did not gave reply to the legal notice nor paid the loss suffered by the her due to fault and deficiency in service of the Appellant Company.