COMPLAINT FILED: 25.07.2009<br /> DISPOSED ON:27.08.2009<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 27TH AUGUST 2009<br /> <br /> <br /> PRESENT :- SRI.A.M.BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1751/2009<br /> <br /> <br /> COMPLAINANT Sri.Dilip K.Aralikatti,S/o. Kantaraj,Aged about 42 years,R/at.No.20, C/o.RaviKuma Reddy,12th Cross, Outer Ring Road,Near Govt. Kannada Primary School, Balandur Post,Bangalore – 560 103.Advocate – Sri.Somashekara ReddyV/s.<br /> OPPOSITE PARTY M/s.Country Vacations,A Division of Country Club India Ltd,At No.43,3rdFloor,S.V.Towers, Krishna IndustrialArea, Hosur Road, Koramangala,Bangalore – 560 029.Rep. by its Branch Manager.<br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.1,45,000/- with 18% interest on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> 2. Complainant being lured away with the advertisement and propaganda issued by the OP who claims to be the developers and promoters of layout and vacation facilities thought on enrolling himself as member of OP club which is a division of Country Club India. OP accepted his membership and promised to allot two complimentary plot measuring 242 Square Yards each in their proposed layout near International Airport, Devanahalli, Bangalore. Complainant believed the words of the OP and made payment of Rs.1,45,000/- in between 14-06-2009 and 16-06-2009. OP acknowledged the receipt of the same and also allotted the complimentary plots on 14-06-2009. When complainant verified the said allotment letter to his shock and surprise the complimentary plots were allotted at Hindupur (A.P) in their project SPA which is about 175 Kms away from Bangalore. The repeated request and demands made by the complainant to OP to allot the plot near International Airport, Banagalore went in futile. Even the project SPA is not properly developed no civil amenities provided as contemplated. Thus complainant felt that he is duped. Though he invested his hard earned money to become the member of the project floated by the OP to acquire the residential plot he is unable to reap the fruits of his investment because of the hostile attitude of the OP. Hence, complainant felt deficiency in service on the part of the OP. Under the circumstances he is advised to file this complaint.<br /> <br /> 3. On admission and registration of the complaint, notices were sent to the OP. Though OP was duly served with the notice remained absent without any sufficient reason or cause. The absence of the OP does not appear to be as bonafide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced the documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 5. It is the case of the complainant that he being lured away with the advertisement and propaganda issued by the OP who claims to be a developer and promoter of the residential layout in and around Bangalore that to being a division of a Country Club India thought of becoming a member of the project floated by the OP. OP accepted his membership and promised to allot him two complimentary plots measuring 242 Square Yards each in their proposed project near International Airport, Bangalore. Then complainant made payment of Rs.1,45,000/- in between 14-06-200 to 16-06-2009, OP acknowledged the receipt of the said amount, those receipts are produced. <br /> <br /> 6. It is further contended by the complainant that OP gave him an allotment letter of the complimentary plots dated 14-06-2009. On going through the said letter he was shock to know that the said plots were allotted at their project SPA at Hindupur (A.P) which is about 175 Kms away from Bangalore. The repeated request and demands made by the complainant to OP to allot him a plots near Internation Airport, Bangalore as promised earlier went in futile. He visited OPs project SPA at Hindupur (A.P) there were no developmental activities at all, no civil amenities provided as contemplated. Thus he felt that he is duped. <br /> <br /> 7. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. It is a quality of evidence that is more important than that of the quantity. The non-appearance of the OP even after the duly service of the notice leads us to draw an inference that OP admitted all the allegations made by the complainant. Though complainant invested his hard earned money he is unable to reap the fruits of his investment. OP having retained the said huge money without allotting the plots in their proposed project at International Airport, Bangalore area accrued wrongful gain to self thereby caused wrongful loss to the complainant that too for no fault of his. We are satisfied that the complainant is able to prove the deficiency in service on the part of the OP. Hence, he is entitled for the relief claimed. Accordingly we proceed to pass the following : <br /> <br /> O R D E R<br /> <br /> Complaint is allowed in part.<br /> <br /> OP is directed to refund Rs.1,45,000/- with 9% interest from 16-06-2009 till realization and also pay a litigation cost of Rs.1,000/-. <br /> <br /> This order is to be complied within four weeks from the date of its communication.<br /> <br /> (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 August 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br /> <br /> <br /> <br /> <br /> <br />