PURVANKARA PROJECTS LIMITED AND ORS. Vs. KIRAN DHIR

JUDGEMENT

(1.) Appellants/Opposite Parties have preferred this appeal against impugned order dated 8.4.2013, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short, 'State Commission') in C.C. No.14 of 2010, vide which complaint of Respondent/Complainant was allowed in part, directing appellants to pay Rs.49,98,075/- to the respondent together with interest at the rate of 18% per annum from the date of respective payments made by respondent to the appellants, till the date of payment. Appellants were further directed to pay a sum of Rs.2,94,000/- to the respondent, as per Clause-9 of the Construction Agreement with costs of Rs.5,000/- towards litigation expenses.

(2.) Brief facts are, that respondent an NRI residing in U.S.A. along with her husband is frequently visiting Bangalore, as her son is running Legal Process Out Sourcing Company in Bangalore. Respondent wanted to gift a suitable property to her son. After coming to know about an advertisement in the newspaper and internet, wherein appellants have invited bookings for residential apartments known as "Purva Venezia" proposed to be constructed in Mandalakunte village, Yelahanka Hobli, respondent booked a three bed room apartment bearing No.VN1304 on the 13th floor, in Francesco Block/wing. The built up area is 1356 sq. ft. alongwith proportionate undivided share of land and a common area together with car parking space and other amenities. The respondent entered into agreement of sale as well as construction agreement, both dated 20th February 2007 with appellants. Respondent paid a sum of Rs.52,569/- on 20th February 2007 towards the cost of booking the flat and agreed to pay the rest of the amount as per the Construction Agreement. Initially, appellants fixed the total consideration at Rs.24,77,490/- but at later stages, they stated that there is a high escalation in the price and respondent will have to pay Rs.25,20,585/- in addition to the amount agreed, for which respondent agreed to pay the same. Thus, respondent has paid a sum of Rs.49,98,075/- towards full and final cost of the flat.

(3.) As per agreement of sale and construction agreement, appellants are required to hand over the vacant possession of the flat on or before 31.05.2009 with a grace period of four months which has come to an end on 30.09.2009. But till date, appellants have not delivered the vacant possession. Thus, alleging deficiency in service on the part of the appellants, respondent filed the complaint.