COMPLAINT FILED:18.10.2011
DISPOSED ON:27.01.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
27th DAY OF JANUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1905/2011
Complainant | K.Rayappa Reddy S/o K.S.Reddy, Aged about 65 years, R/at D.No.4/633-19, Y.S.Nagar-II, Patel Road, Aravinda Nagar, Near RTC Bus Stand, Kadappa City, YSR District, Andhra Pradesh. Adv:Sri.V.Suresh V/s. |
OPPOSITE PARTIES | 1. M/s Samyuktha enclave, Rep.by its Partner Sri.V.Bhaskar Reddy, #895/1, “Skanda”, 14th Cross, Mahalakshmi Layout, Bangalore-560 086. 2.T.R.Reddy, Partner-M/s Samyuktha Enclave, #604, Vaishanavi Paradise, Sangam Circle, 8th Block, Jayanagar, Bangalore. And also at Sri.T.R.Reddy, Partner-M/s Samyuktha Enclave, #895/1, “Skanda”, 14th Cross, Mahalakshmi Layout, Bangalore-560 086. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Opposite Parties (herein after called as O.Ps.) to pay sum of Rs.17,00,000/- with interest at 24% p.a. and to pay compensation of Rs.2,00,000/- along with costs of the proceedings of Rs.5,000/- on the allegation of deficiency in service on the part of the OPs.
2. In spite of service of notice, OP failed to appear without any justifiable cause, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence.
4. Arguments heard from complainant’s side.
5.We have gone through the complaint averments, the affidavit evidence of the complainant and the documents produced. On the basis of these materials, it becomes clear that Ops are dealing and carrying on the business in real estate in and around Bangalore City. The complainant being lured by advertisements of Ops, that they have formed a layout in the name and style M/s Samyktha Enclave, entered into an agreement purchase two plots from the Ops in the proposed layout bearing plot Nos.40 and 41 and paid an amount of Rs.4,89,000/- to each plot as advance sale consideration on 31.07.2006 and obtained receipts from Ops. Ops executed agreement of sale in respect of both the plots separately stipulating the terms and conditions with regard to completion of the project. Ops failed to fulfill the obligation of forming the layout and completing the sale transaction by executing the sale deeds. The complainant demanded for refund of the amount paid as initial sale consideration and Ops agreed to refund the said amount along with interest totally amounting to Rs.17,00,000/- and issued post dated cheques and letter dt.06.10.2010. All the three cheques issued by Ops were bounced with an endorsement of ‘Funds Insufficient’. Even after repeated requests made to repay the amount, Ops failed to comply the demand. Legal notice dt.19.09.2011 was issued to repay the amount, the notice was returned with postal endorsement as ‘Not Claimed’. Since Ops failed to refund the amount along with interest due as per the letter issued on 06.10.2010 and the cheques issued were bounced, the complainant approached this Forum.
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 issuance of post dated cheques for Rs.17,00,000/- along with covering letter dt.06.10.2010 clearly goes to show that Ops agreed to refund the amount with interest. The act of Ops neither developing the layout and executing the sale deed in respect of the plots nor refunding the amount with interest as agreed amounts to deficiency in service. The complainant is entitled for refund of the amount with interest to a total extent of Rs.17,00,000/- as per letter dt.06.10.2010 and future interest at 18% p.a. by way of compensation on the amount of Rs.9,78,000/- along with cost of the litigation 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.17,00,000/- with interest at 18% p.a. on the amount of Rs.9,78,000/- from 06.10.2010 till the date of realization and pay litigation cost of Rs.2,000/- to the 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 27th day of JANUARY 2012.)
MEMBER PRESIDENT
Cs.
