Complaint filed on: 03-04-2010<br /> Disposed on: 06-07-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT <br /> CONSUMER DISPUTES REDRESSAL FORUM,<br /> BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 <br /> <br /> C.C.No.734/2010<br /> DATED THIS THE 6th JULY 2010<br /> <br /> PRESENT<br /> <br /> SRI.D.KRISHNAPPA., PRESIDENT<br /> <br /> SRI.GANGANARASAIAH., MEMBER<br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> <br /> Complainant: - Sri.K.Balakrishna <br /> S/o. late Sri.K.Venkataramana,<br /> 74 years, residing at No.S-2,<br /> 2nd floor, Sunrise apartment,<br /> 7th cross, Krishnamurthypuram,<br /> Mysore-570 004 <br /> V/s<br /> <br /> Opposite party: - M/s. CITY square enterprises <br /> Private limited having its<br /> Office at No.3/2, 8th cross,<br /> Wilson garden, Lalbagh,<br /> Hosur road, Bangalore-560 027<br /> Represented herein by its<br /> Managing Director<br /> And also: No.312, 3rd Floor,<br /> Royal corner, KH Road,<br /> Bangalore-27<br /> <br /> <br /> O R D E R<br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> The grievance of the complainant against Opposite party [hereinafter called as Op for short) in brief is that, on the pursuance of the OP during February, that they are forming layout of residential sites at Attibele hobli, he paid Rs.74,000/- in two installments for allotting residential site. That the OP after receipt of that amount has not allotted site to him as agreed, despite several requests. Then he got issued a legal notice on 1-4-2009 to refund the money paid with interest but OP did not refund his money. That he again visited OP and demanded for refund of money with interest but OP who has promised to refund during November 2009 has not refunded. Therefore, attributing deficiency to OP is not refunding money he has prayed for a direction to OP to refund Rs.74,000/- with interest and also to award compensation of Rs.1,00,000/-.<br /> <br /> 2. OP who is duly served with the notice of this complaint has remained absent, therefore is set-exparte.<br /> <br /> 3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has sated in his complaint and also produced copies of receipts for having paid amount, copies of legal notice he got issued. Later he has also produced original receipts. Counsel for the complainant has filed written arguments. <br /> <br /> 4. On perusal of the complaint allegations, the complainant’s affidavit and receipts that the complainant has produced, we find that OP had received Rs.50,000/- from the complainant on 27-2-2007 and Rs.25,000/- on 21-2-2007 towards allotment of a site in the layout, he had proposed but thereafter neither allotted a site to the complainant nor refunded his money despite demands, remainders and legal notices. The complainant prior to filing of this complaint, even got issued a legal notice demanding repayment, but OP stated have not responded to that notice. OP has even failed to responded to the notice of this forum and to put up any deficiency on perusal of all these materials, we find that OP despite receipt of Rs.75,000/- from the complainant has not responded to him in any way and thereby has caused deficiency in his service by with holding his money. We under the circumstance, find no reasons to discard the claim of the complainant as such the complainant is entitled for refund of money paid. Hence we pass the following order:<br /> O R D E R<br /> <br /> Complaint is allowed. OP is directed to refund Rs.75,000/- to the complainant with interest at 18% per annum from the date respective payments till that amount is refunded and he shall refund that amount with interest within 60 days from date of receipt of this order. <br /> OP shall also pay costs of Rs.5000/-. <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced in the Open Forum on this the 6th July 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT <br />