LAWS(NCD)-2017-9-42

SNEH DEVELOPERS & ANR, SNEHA DEVELOPERS REPRESENTED BY N S MUKUNDA PROPRIETOR; SNEHA TOWNSHIP PVT LTD REPRSENTED BY N S MUKUNDA MANAGING DIRECTOR Vs. Y D RAJENDRA REPRESENTED BY Y DAMODHARA; Y D INDIRA REPRESENTED BY Y DAMODHARA; B RAMANANDA RAO THROUGH LRS; SUMANA RAJENDRA D/O B RAMANADA RAO; PRATHIBA BOLAR, D/O B RAMANADA RAO

Decided On September 14, 2017
Sneh Developers And Anr, Sneha Developers Represented By N S Mukunda Proprietor; Sneha Township Pvt Ltd Reprsented By N S Mukunda Managing Director Appellant
V/S
Y D Rajendra Represented By Y Damodhara; Y D Indira Represented By Y Damodhara; B Ramananda Rao Through Lrs; Sumana Rajendra D/O B Ramanada Rao; Prathiba Bolar, D/O B Ramanada Rao Respondents

JUDGEMENT

(1.) These three Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the Real Estate Developers, Opposite Parties No.1 and 2 in the Complaints under the Act, are directed against a common order, dated 16.02.2016, passed by the Karnataka State Consumer Disputes Redressal Commission at Bangalore (for short "the State Commission"), in First Appeals No.1131, 1132 and 1133 of 2014. By the impugned order, the State Commission has dismissed the Appeals, preferred by the Petitioners herein against a common order, dated 05.09.2012, passed by the III Additional Bangalore Urban District Consumer Disputes Redressal Forum (for short the "District Forum") in Complaint Cases No. 2243, 2244 and 2245 of 2011. By the said order, while allowing the Complaints, preferred by the Respondents/Complainants, the District Forum had directed the Petitioners herein to refund a sum of Rs. 9,00,000/- in each of the cases to the Complainants with interest @ 18% p.a. from 17.02.2010, till actual payment, by getting the respective sale deeds cancelled at the Petitioners costs. Additionally, the Petitioners were directed to pay a sum of Rs. 5,000/- each to the Complainants towards litigation costs.

(2.) Since the afore-noted Complaints/Appeals, involving a common issue and same Opposite Parties, have been disposed of by the Forums below by their respective common orders, these Revision Petitions are also being disposed of by this common order.

(3.) Against the sale consideration of Rs. 9,00,000/- and subsequent execution of registered Sale-Deed(s), on 17.02.2010, each of the Complainants had purchased a site, admeasuring 2400 sq. ft., from the Petitioners in their Layout, christened as "Sneha Lakeside". Though the Petitioners had publicized that all basic amenities, like drinking water, overhead water tank, electricity and street lights, compound walls on all sides of the layout, club house, independent sewage treatment plant etc. would be provided but after execution of the Sale-Deeds, the said amenities were not provided to the Complainants. Whenever the Complainants approached the Petitioners in this regard, they were assured that the needful would be done but all in vain. In the said background, alleging deficiency in service on the part of the Petitioners in not providing the said basic amenities, the afore-noted Complaints came to be filed before the District Forum, wherein the Complainants had prayed for a direction to the Petitioners to provide the said amenities; compensation by way of interest @ 12% p.a. on the consideration amount, viz. Rs. 1,88,186/-, from 17.02.2010 to 18.11.2011, as also Rs. 5,000/- as compensation for inconvenience caused and costs of proceedings.