COMPLAINTS FILED ON:17.10.2011
DISPOSED ON:21.03.2012.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
21st DAY OF MARCH-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.1894/2011
Complainant | K.Lingamoorthy S/o Mr.C.Kannan, Aged about 33 years, Now Presently R/a No.1, 3rd Cross, 3rd Block, Dasappa Layout, Ramamurthy Nagar, Bangalore-16. Gandhi Law Chambers. V/s |
OPPOSITE PARTY/S | 1. AISHWARYA PROJECTS, Township Promoters, No.717, Poornashashi Complex, (above Maruthi Showroom) 2nd Floor, Modi Hospital Road, 2nd Stage, West of Chord Road, Basaveshwaranagar, Bangalore-560 086. Represented by its Partner Sri.Bhaskar Reddy. 2. Bjaslar Reddy S/o Bala Venkata Reddy, Aged about 48 years, R/at No.1, Srikrishna Avenue, “SHRESTHA”, Doddakallasandra, Near Macualoy Slcod, Kanakapura Road, Bangalore. 3. T.Ripunjaya Reddy S/o Rahava Reddy, R/a 604, Vaishnavi Paradise, Sangam Circle, Jayanagar, Bangalore. Ex-parte. |
COMMON ORDER
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.1,50,000/- with interest at 24% p.a. and to pay compensation of Rs.2,00,000/- and cost of litigation on the allegations of deficiency in service on the part of the OPs.
2. Ops 1 to 3 in spite of service of notice, failed to appear without any justifiable cause, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. Argument from complainant’s side heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OP1 is a registered partnership firm engaged in the development of land and formation of residential layout. The same is represented by its Partners Ops 2 & 3. Ops lured the complainant with an assurance that they are forming a residential layout called ‘M/s AEROZONAA’ at Thattamachanahalli Amanikere Village, Bulluhalli Village and Venkatagirikote Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District and they would allot a site in the said proposed layout. The complainant believing the promise of Ops and the facilities offered, with an intention to have residence near Bangalore entered into an agreement dt.03.04.2006 with Ops for the purpose of purchasing a plot No.44 in all measuring 1500 sq.feet at the rate of Rs.400/- per sq.feet and has paid an amount of Rs.45,000/- through cheque on 23.03.2006 and further sum of Rs.20,000/- through another cheque on the same day and cash of Rs.85,000/- on 17.03.2006. Ops have executed the agreement deed acknowledging the receipt of these payments and have also issued the receipts. In spite of receipt of the initial sale consideration, Ops failed to fulfill their obligation of forming any layout and allotting the site to the complainant. The complainant came to know that Ops have diverted the funds collected to some other firms which were individually run by the each of the Director of OP1. The complainant was ready to pay the entire balance to get the site but Ops were unable to procure any lands and form the layout. The complainant got issued legal notice dt.24.09.2011 demanding Ops for execution of the sale deed in respect of the site or to refund the amount with interest. The Legal notice was served on OP2 and 3 and the notice sent to Op1 was returned as left. Ops have not replied for the said notice nor complied the demand. Thus the act of Ops neither forming any layout and allotting the site nor refunding the amount received as initial sale consideration, amounts to deficiency in service on the part of the Ops.
6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of Ops remaining ex-parte leads to draw inference that Ops are admitting the claim of the complainant. The complainant is entitled for refund of the amount paid towards initial sale consideration along with interest at 18% p.a. by way of compensation and litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Ops are directed to refund an amount of Rs.1,50,000/- with interest at 18% p.a. from 03.04.2006 till the date of realization and pay litigation cost of Rs.2,000/- to complainant.
This order is to be complied within four weeks from the date of its communication.
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 21st day of MARCH-2012.)
MEMBER PRESIDENT
Cs.
