The
Karnataka State Consumer Disputes Redressal Commission has found, Kattada, a
partnership firm in High Grounds, guilty of deficient service and has ordered
it to pay up Rs 10,000 as compensation to a consumer for causing him mental
distress.
The complainant,
C.D. George, had complained against Kattada to the Commission and requested it
to direct Kattada to execute and register the sale deed in his name of the flat
bought from them, and to provide a covered parking area in front of the main
building and servant quarters on the terrace as assured by them.He had also
demanded one set of certified copies of documents of title related to the said
flat.
Mr George
told the Commission that the firm constructed flat No. 301 at RMV Extension,
but without the parking area in front of the main building and servants
quarters on the terrace. They also did not provide the toilet on the terrace.
Commission
President T. Jayarama Chouta, and members Abdul Perwad and Rama Ananth told
Kattada to provide the parking area in front of the main building and servants
quarters, and to furnish the certified copies of documents of title relating to
the flat. BUILDERS: Ms. Kashiamma had seen an advertisement in the papers in
which Messrs M Hussain, T A Shahul Hameed and Mohammad Iqbal of Mangalore had
proposed to construct a multi-storeyed apartment complex known as 'Golden Apartments'.
She
approached the party which agreed to sell her one residential apartment for Rs.
10 lakhs. MS Kashiamma paid up Rs. 5 lakh to Mohammad Iqbal of Kedavath Towers,
Mission Street, Mangalore in 1997.The sellers
were supposed to complete the construction of the entire complex within 18
months failing which they were liable to refund the advance amount paid with
interest at 20 per cent. However even after 18 months, only up-to the roof slab
of the first floor was complete. They did not refund the money as requested by
her and she complained to the Commission.
The opposite
parties filed their version with the Commission denying all the allegations of
the complainant. They also denied the fact of receiving a sum of Rs.5lakh as
advance from her. Finding the three sellers guilty of deficient service, the
Commission ordered them to refund Rs. 5 lakh to the complainant with interest
at 20 per cent from 1997 till date of payment along with Rs. 10,00,000 as
iquidat-ed damages for breach of contract committed by the parties, residing
in Fathima Mansion, Highland, Mangalore and Mission Street, Mangalore.
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