The complainants filed these complaints U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Ops to execute the registered sale deed in respect of the plots by receiving the balance sale consideration or in the alternative to refund the amounts deposited towards allotment of sites with interest at 24% p.a. and to pay compensation at present market value at Rs.850/- per sq.feet along with costs of the litigation.
In spite of service of notice, Ops-1, 3, 5 & 6 failed to appear, hence placed ex-parte. Similarly in spite of service of notice by paper publication OP4 failed to appear, hence placed exparte. OP2 though appeared through their counsel has not filed the version.
2. Each of these complainants G.P.A.Holder filed affidavit evidence to substantiate complaint averments.
3. Arguments from complainants side heard, OP side taken as heard.
4. On the basis of the complaint averments, the documents produced and the affidavit evidence of the complainants it becomes clear that OP1 is a Private Limited Company engaged in the development of land and formation of residential layout. OP2 to 6 are the Directors of Op1. These complainants were lured by Ops assuring that they are forming the residential layout called ‘AishwaryaDarshanCounty, at Hosakerehalli, Uttarahalli Hobli, BSK 3rd Stage, Bangalore South-560 085 and they would allot the sites to the members. The complainants entered into an agreement with Ops for the purpose of purchasing the sites and paid the advance sale consideration. OP-2 as Director on behalf of board of directors acknowledged the receipt of the amounts issued the receipts and executed the agreement deeds. In spite of complainants approach to Ops requesting to register the sale deeds and offered to pay the balance amount Ops failed to fulfill their obligations. The complainants came to know that these Ops have not acquired any land for the purpose of formation of the layout. The complainants got issued legal notice demanding Ops to execute the sale deed or to refund the amount received. Ops 1 to 3 refuse to receive the notice. Thus the complainants felt deficiency in service on the part of the Ops and approached this Forum.
5. The details of the payments made and the date of the agreements, the site numbers are as shown in the chart below.
SL
No
Comp
laint
Nos.
Site
Nos.
The
amounts paid
The date of Agreement Deeds
The date of issue of legal notice
01
1786/2011
160
2,50,000/-
22/04/04
11/08/11
02
1787/2011
288
2,00,000/-
12/05/04
11/08/11
03
1788/2011
119
2,50,000/-
22/04/04
11/08/11
04
1790/2011
109
3,90,000/-
07/05/04
07/05/04
12/05/04
22/04/04
11/08/11
05
1792/2011
184
2,50,000/-
22/05/04
11/08/11
6. We have gone through the agreement deeds and the receipts issued by Ops. In complaint No.1788/2011, the complainant has paid only Rs.2,50,000/- as per agreement and the receipts issued but in the complaint he has claimed to refund an amount of Rs.3,90,000/-. There is no material to show that the complainant has paid Rs.1,40,000/- to Ops apart from the payment of Rs.2,50,000/- as shown in the agreement deed. As such, the complainant is entitled for refund of Rs.2,50,000/-. There is no reason to disbelieve the unchallenged affidavit evidence of the complainants GPA Holder, the documents produced. The very fact of Ops remaining ex-parte and not filing the version by OP2 leads to draw inference that Ops are admitting the claim of the complainants. The relief’s claimed to direct the Ops to execute the sale deed in respect of the plots cannot be considered, for the reason that the complainants have not produced material to show that there is any approved layout formed by these Ops and the sites are available for allotment. When Ops were not able to form any layout by acquiring any land, it would have been fair enough on their part in refunding the amount received. The act of Ops neither forming any layout nor refunding the advance sale consideration received, amounts to deficiency in service on their part. The complainants are entitled for refund of the amount paid towards advance sale consideration along with interest at 18% p.a. by way of compensation. Accordingly, we proceed to pass the following:
O R D E R
The complaints filed by the complainants are allowed in part.
In complaint Nos.1786/2011, 1788/2011 and 1792/2011 Ops are directed to refund an amount of Rs.2,50,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to each of the complainants.
In complaint Nos.1787/2011 Ops are directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from 12.05.2004 till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
In complaint Nos.1790/2011 Ops are directed to refund an amount of Rs.3,90,000/- with interest at 18% p.a. from 22.04.2004 till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
OPs to comply the order within four weeks from the date of this order.
This original order shall be kept in the file of the complaint No.1786/2011 and a copy of it shall be placed in other respective files.
Send the copy of this order to both the parties free of cost.
(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 the27th day of MARCH– 2012.)
MEMBERPRESIDENT
CS.,
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