G SAMPATH Vs. V K LALCO PVT LTD

JUDGEMENT

(1.) In this complaint, under Sec.12 r/w Sec.17 of the Consumer Protection Act, 1986 , the complainants (7 in number) have sought compensation in a sum of Rs.9,85,000/- from the the builder.

(2.) It is the case of the complainants that they had purchased apartments in VARSHA Apartments from the Opposite Party for their residence. The complainants averred that though they had made payment of full consideration amount to the Opposite Party, but the Opposite Party failed to obtain the legal transfer of the land from the original owners and the Opposite Party who has agreed to promote a Private Limited Co. for the maintenance and upkeep of the apartments, failed to do so even after 8 years and in spite of repeated demands made by the complainants. The complainants further averred that the Opposite Party had received a sum of Rs.50,000/- from each of them for transfer fee charges, but failed to transfer the lands in their favour.

(3.) The complainants further averred that the Opposite Party failed to constitute the company as promised and provide permanent electricity connections. The complainants nextly averred that as a result of negligence on the part of the Opposite Party in having neglected to submit papers to the Bangalore City Corpn. , the complainants apprehended a demand for payment of a huge amount of tax by the Bangalore City Corporation towards assessment of the property tax. The complainants nextly averred that the Opposite Party committed breach of the agreement and failed to discharge the services as agreed upon. The complainants, on the basis of these averments, sought refund of a sum of Rs.5 lakhs collected by the Opposite Party as transfer fee from the prospective purchasers, a sum of Rs.75,000/- ad hoc electricity charges, Rs.2 lakhs for failure to provide permanent electricity and a sum of Rs.1,10,000/- towards interest on the sum of Rs.8,75,000/-, in all the complainants claimed a sum of Rs.9,85,000/- from the Opposite Party.