COMPLAINTS FILED ON:13.12.2011
DISPOSED ON:28.03.2012.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF MARCH-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.2252 & 2253/2011
Complaintno.2252/2011 Complainant | K.S.Raghavendra S/o Late K.S.Sathyanarayana Shetty, Aged about 35 years, Residing at No.8, Rathna Vilas Apartment, Unit No.201, 14th “A” Main, H.S.Parvathi Road, Hanumanthanagar, Bangalore-560 019. |
Complaintno.2253/2011 Complainant | N.R.Venkatesh S/o Late late N.L.R.Shetty, Residing at No.8, Rathna Vilas Apartment, Unit No.001, 14th “A” Main, H.S.Parvathi Road, Hanumanthanagar, Bangalore-560 019. Adv:Sri.Hanumanthagowda G.L., V/s |
OPPOSITE PARTY/S | 1. M/s Aishwarya Buildtech Private Ltd. Having registered office at No.531, Faiz Avenue, I floor, 11th Main, 32nd Cross, 4th Block, Jayanagar, Bangalore-560 011, Rep. by its Director Sri.V.Bhaskar Reddy. 2. V.Bhaskar Reddy, Director (Administration) M/s Aishwarya Buildtech Private Ltd, No.01, 4th Main, Kuvempu Nagar, Dodda Kallasandra, Bangalore-560 062. Adv:Sri.G.S.Suresha |
COMMON ORDER
SRI. B.S.REDDY, PRESIDENT
Both these complaints are filed U/s. 12 of the Consumer Protection Act of 1986 by the respective complainants or for direction to Ops to complete the layout formation and to allot the site in the alternative to refund an amount of Rs.2,50,000/- with interest at 24% p.a and pay compensation of Rs.10,00,000/- to each of these complainants on the allegations of deficiency in service.
2. Ops though appeared through their counsel failed to file version, in spite of giving sufficient opportunity.
3.The complainants in order to substantiate complaint averments, each of the complainants filed affidavit evidence and produced documents.
4. Arguments from complainant’s side heard, Ops side taken as heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainants. On the basis of these materials, it becomes clear that OP1 is a Company incorporated under the provisions of the Companies Act, and OP2 is the Managing Director of OP1. The complainants on the basis of the brochure issued by Ops regarding a Housing Project under the name and style of ‘Aishwarya Darshan County situated near Hosakere Halli, Uttarahalli Hobli, BSK III Stage, Bangalore South booked each of them plot bearing No.209 and 169 respectively each measuring 1500 Sq.ft by paying initial sale consideration of Rs.2,50,000/- to Ops through cheques and Ops issued the receipts and executed the agreement deeds dt.03.05.2004 and 01.04.2004 respectively. In spite of receipt of initial sale consideration, Ops failed to fulfill their obligation, forming any layout and allotting the sites assured. The complainants got issued legal notice dt.17.11.2011 demanding Ops to allot the sites and execute the sale deeds or to refund the amount received with interest. The Notice sent to OP1 was returned with a postal shara no such address and the notice sent to the OP2 was served, OP2 neither replied the notice nor complied the demand. The act of Ops neither forming any layout and allotting the sites nor refunding the amount received towards initial sale consideration amounts to deficiency in service. When the Ops were not able to form any layout and allot the sites it would have been fair enough on their part to refund the initial sale consideration received. The very fact of Ops not filing any version, leads to draw an inference that Ops are admitting the claim of the complainants.
6.There is no reason to disbelieve the unchallenged affidavit evidence of the complainants, the documents produced. Under these circumstances, we are of he view that the complainants are entitled for refund of the amount of Rs.2,50,000/- each with interest at 18% p.a. by way of compensation from the date of agreement deeds, till the date of realization along with litigation cost of Rs.2,000/- Accordingly, we proceed to pass the following:
O R D E R
Both these complaints are allowed in part.
Ops are directed to refund an amount of Rs.2,50,000/- with interest at 18% p.a. from the respective date of agreement deeds i.e., 03.05.2004 and 01.04.2004 till the date of realization and to pay litigation cost of Rs.2,000/- to each of the complainants.
This order is to be complied within four weeks from the date of its communication.
This original order shall be kept in the file of the complaint No.2252/2011 and a copy of it shall be placed in other connected file.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 28th day of March-2012.)
MEMBER PRESIDENT
Cs.
