V BHAKTHA KUMAR Vs. K T GURUDEVA PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2.12.03 of Karnataka State Consumer Disputes Redressal Commission, Bangalore allowing complaint with direction to the appellant/opposite party to return the entire deposited amount with interest @ 18% p.a. from the dates of deposit and pay Rs.50,000/- towards compensation to the respondent/complainant.

(2.) RESPONDENT , an Advocate booked for his office flat No. 135, 6th Cross, Gandhi Nagar, Corporation Division NO. 22, Bangalore under two agreements, both dated 19.4.96 with the appellant builder. One of these agreements was for sale of land for a consideration of Rs.2,11,413/- while another for construction for a consideration of Rs.8,38,587/-, total being Rs.10,50,000/-. Amount of Rs.8,50,000/- was paid on different dates upto 26.2.97 to the appellant. Under the said agreements the appellant after completing construction was to hand over possession of the booked flat by 31.3.97. On possession of flat not being handed over and/or said money refunded with interest the respondent filed complaint against the appellant claiming certain reliefs. At a later stage the respondent confined his claim to the return of deposited amount with interest and damages only.

(3.) SUBMISSION advanced by Shri Y. Prabhakar Rao for appellant was that the finding returned by State Commission of the respondent not having committed default in paying balance installments is erroneous and order for refund of deposited amount with interest and damages could not have been passed as the deposited amount had been forfeited by the appellant as per the terms of the agreements. It was pointed out that the letter dated 9.2.99 (copy at page 116) was not admitted by the appellant nor was it proved by the respondent. Copy of the agreement for sale of land is at pages 80-89 while that for construction at pages 90-106. Former agreement would show that out of the sale consideration of Rs.2,11,413/-, a sum of Rs.2,00,000/- was paid as advance and balance amount of Rs.11,413/- was to be paid on or before 31.11.96 by the respondent. Later agreement would indicate that out of total consideration of Rs.8,38,587/- an amount of Rs.1,00,000/- was paid as advance and the balance amount was to be paid in the following manner:-