BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 11^TH DAY OF MAY 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Parties (herein after referred as OPs) to refund Rs.45,000/-  with interest or Company Shares or land property in his local residential area along with compensation of Rs.10,000/- towards travelling and legal expenses on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

Complainant approached OP Company, Bangalore Branch to purchase a plot in instalment scheme.  Complainant was paying every day instalment of Rs.100/- from 18.02.2013 to 18.08.2014.  Complainant was regular in payments of EMI without fail.  The said scheme completed at right time.  Complainant ID No.1084 and Customer ID No.1017016801. Complainant contacted his agent Mr.Kumar at the branch office whose ID Number being 1084618734.  Complainant contacted to his contact No.9535959445 but since long time he is not responding.   Complainant in total has paid an amount of Rs.45,000/-.  Complainant gave a notice dated 13.10.2015 calling upon OP to pay the amount along with notice failing which he will approach Consumer Forum for appropriate reliefs.  There was no response from OP Company till date.  Hence, complainant felt deficiency in service against OPs.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OPs 1 & 2 who made appearance through their counsel but failed to file the version or affidavit evidence and also failed to contest the matter by filing version or affidavit evidence and posted the case for filing affidavit of the complainant.

4. In support of the complaint averments, Mr.Sidramappa, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments and also produced documents.

5. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of his complaint complainant has produced the following documents. Document No.1 is copy of the receipt issued by OP to the complainant which shows date of booking as 18.02.2013 and date of closing of payment as 18.08.2014, amount received Rs.100/- number of instalments are 18, the cost of the plot is Rs.47,800/- which is offered at a price of Rs.45,000/-.  Document No.2 is copy of the instalments remittance remembrance card issued by OP.  Document No.3 is copy of the letter issued by OP to the complainant offering Golden Farm plots project.   Document No.4 is copy of the notice dated 12.10.2015 issued by the complainant calling upon OP to refund Rs.45,000/- along with interest, failing which he will approach the Consumer Court. 

7.  On perusal of oral and documentary evidence produced by the complainant it is crystal clear that complainant attracted by the scheme offered by  OP, with an intention to purchase a plot, in instalments has paid daily instalments of Rs.100/- starting from 18.02.2013 to 18.08.2014, in all totally complainant has paid Rs.18,000/- to OP and has completed the scheme. OP has issued receipts acknowledging the receipt of the amount as per Document No.1 & 2 OP has offered the plot costing Rs.45,000/- to the complainant.  After completion of the scheme complainant contacted his agent one Mr.Kumar but he is not responding.  Complainant also gave the notice dated 12.10.2015 calling upon OP to refund the amount Rs.45,000/- along with interest failing which he will approach the Consumer Court for appropriate relief as per Document No.4.  There was no response from the OPs.  Hence this complaint.

8. From the available materials on record, it is crystal clear that OP has launched the scheme by offering the plot worth of Rs.45,000/- and to receive the amount of Rs.100/- on daily basis.  OP has accepted the receipt of the amount, but has failed to offer the plot as promised, so as to make wrongful gain and to deceive the complainant and also public at large.  The act of OPs in neither offering the plot nor refunding the amount to the complainant amounts to deficiency in service on the part of OP.  We are satisfied that complainant proved deficiency in service against OP.  Under the circumstances we are of the considered view that OPs are liable to refund Rs.45,000/- to the complainant within 30 days from the date of receipt of this order along with compensation of Rs.10,000/- towards mental agony and litigation cost of Rs.3,000/-.  Failing which to refund the said amount along with interest at the rate of 9% per annum from 18.08.2014 till the date of realization.   Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2.  OPs shall refund Rs.45,000/- to the complainant within 30 days from the date of receipt of this order along with compensation of Rs.10,000/- towards mental agony and litigation cost of Rs.3,000/-, failing which to refund the said amount along with interest at 9% per annum from 18.08.2014 till the date of realization.

3. Supply free copy of this order to both the parties.

 (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  11^th day of May 2016)

MEMBER                                                                  PRESIDENT

NRS* 

COMPLAINT NO.1834/2015

Witness examined on behalf of the complainant dated 07.04.2016 Sri.Sidramappa

Witnesses examined on behalf of the OPs – Absent

List of documents produced by the OPs– Nil

MEMBER                                                           PRESIDENT