COMPLAINTS FILED ON: 29.03.2011
DISPOSED ON:11.08.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
11th DAY of AUGUST-2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT Nos.620/2011 & 621/2011
Complaint no.620/2011 Compl | Mr.Rajanarasimha S, S/o Sathyanarayana Sastry, Aged about 36 years, R/at No.25, 80 Feet Road, 4th Block, 3rd Phase, BSK 3rd Stage, Bangalore-560 085. V/s |
Complaint no.621/2011 Complainant | Mr.Rajanarasimha S, S/o Sathyanarayana Sastry, Aged about 36 years, R/at No.25, 80 Feet Road, 4th Block, 3rd Phase, BSK 3rd Stage, Bangalore-560 085. Advocate:Sri.H.N.Keshava Prashanth, |
| V/s |
OPPOSITE PARTY | Aishvaryaa Downtown, Registered Office at No.119/18, 3rd Floor, 80 Feet Road, Siddaiah Puranik Road, Near Pavitra Paradise, Basaveshwara nagar, Bangalore-560 079. Represented by its Managing Partner Shrinivas.A.Naidu. Advocate: Ex-parte. |
O R D E R
SRI. B.S. REDDY, PRESIDENT
These two complaints are filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants seeking direction against the Opposite Party (herein after called as O.P) to refund the sital deposit with interest at 24% p.a. and pay compensation of Rs.2,00,000/- for mental agony and inconvenience on the allegation of deficiency in service on the part of the OP.
In spite of service of notice, OP failed to appear without any justifiable cause hence placed ex-parte.
2.The complainants in order to substantiate the complaint averments filed affidavit evidence.
3. Heard from complainant’s side.
4.We have gone through the complaint averments, affidavit evidence and documents produced. On the basis of the materials available on record, it is crystal clear that OP as a land Developer and Promoter engaged in the business of land development in and around Bangalore made these complainants to believe that they are having land at Sri.Rampura Village, Chikballapur Taluk and District. The complainants based on the representation of OP made an application by making initial deposit for allotment of sites on 30.06.2008 and each of them paid an amount of Rs.2,37,000/- through cheques dt.18.07.2008 drawn on ICICI Bank, Bangalore. OP has issued the receipts acknowledging the receipt of initial advance from these complainants. Further, OP also executed agreement deeds incorporating the terms and conditions and plot numbers with details of the Survey numbers where proposed layout called “Aishvaryaa Downtown” is located. The balance sale consideration was agreed to be paid within a month of approval by DTCP. OP failed to acquire any land and get clearance for formation of the layout. The complainants availed the personal loan from CITI Bank and paid the amount towards initial advance for the sites. The Bank statements are produced. The complainants approached the OP several times to execute the sale deed or to refund the amount with interest, but OP has not complied the demand. Lastly, they issued the legal notice, Op neither replied for the same nor complied the demand. Therefore, the complainants felt deficiency in service and approached this Forum.
5. There is no reason to disbelieve the unchallenged sworn statement affidavit evidence of these complainants and the documents produced. The act of OP in neither developing the layout and executing the sale deed in respect of the plots nor refunding the initial advance received from these complainants amounts to deficiency in service on the part of the Op. When OP was not able to form the layout, it would have been fair on its part to refund the initial advance received from these complainants. The complainants have been deprived of the returns from the amounts if they had invested in some other project. Therefore, the complainants are entitled for refund of the amount with interest at 12% p.a. from the date of respective payments, till the date of realization. Clause-13 of the Agreement provides that in case of land not been approved by DTCP, initial amount will be refunded with interest as per the existing Bank rate of interest. Accordingly we proceed to pass the following:
O R D E R
The complaints filed by the complainants are allowed in part.
OP in both these complaints directed to refund an amount of Rs.2,37,000/- with interest at 12% p.a. from 21.07.2008 till the date of realization along with litigation costs of Rs.2,000/- to each of these complainants within four weeks from the date of this order.
Send the copy of this order to both the parties free of cost.
This original order shall be kept in the file of the complaint No.620/2011 and a copy of it shall be placed in other complaint.
(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 11th day of AUGUST– 2011.)
MEMBER MEMBER PRESIDENT
Cs.
