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 onthe 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-storeye dapartment complex known as 'Golden Apartments' .
She approached the party which agreed to sell her oneresidential 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 upto 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. 5 lakh 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, Manga- lore
and Mission Street, Mangalore.
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