BENGALURU: A consumer forum in the city directed land owners and a developer to pay compensation of `2 lakh and refund the advance with interest to a woman for allegedly cheating her by selling her a flat that had been constructed illegally.
Bengaluru Urban District Consumer Disputes Redressal Forum comprising president P V Singri, members Yashodhamma and P K Shantha, directed the land owners Munishamappa and six others and M/s LNS Developers to refund the advance of `4 lakh with 18 per cent interest along with `2 lakh compensation and `5,000 litigation cost to P Bernardiane Bilpana.
Bilpana, a resident of HRBR Layout in the city, had filed a petition before the forum seeking repayment of the advance of `4 lakh paid for the flat with damages for deficiency in service.
“It is crystal clear that the fourth floor including the flat built by the developer is an unauthorised construction. The land owners and developer are jointly responsible for the cheating which has caused hardship, inconvenience and mental agony to the complainant. The conduct of the developer amounts to cheating punishable under Section 420 of IPC. So, we have directed to pay a compensation with interest on the advance and litigation cost,” the forum said.
According to the order passed by the forum, Munishamappa and six others had entered into a joint development agreement with N V Narayana, proprietor of M/s LNS Developers, Babusab Palya on March 31, 2011 to develop their property measuring eight guntas at Horamavu Agara village in KR Puram Hobli of Bengaluru South Taluk.
Promise Not Kept
These land owners and developer had entered into an agreement with complainant Bilpana for `26 lakh and received `4 lakh as advance on December 2013.
The developer agreed to supply all relevant documents of the flat like title deed, conversion letter, khata extract and approved sanctioned plan with permission to construct the fourth floor for the purpose of availing loan from the banks. However, banks and other financial institutions refused to give any loan to Bilpana. As per the record produced by developer itself, the fourth floor of the residential complex is an unauthorised structure and there is no sanctioned plan and license issued by the BBMP.
Actually, the BBMP had sanctioned plan for stilt, ground floor, second floor, third floor and terrace floor consisting 24 units.
Denying all allegations that the fourth floor had been constructed illegally, the developer stated that complainant was supposed to pay the total amount in cash as per the agreement dated February 2014.
The developer has suffered a huge loss because the complainant did not get herself registered for the flat, the builder claimed.Perhaps if the complainant had paid the total amount in cash, she would not have known that the flat was constructed illegally.