Complaint filed on: 04-09-2010
Disposed on: 28-12-2010
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2051/2010
DATED THIS THE 28th DECEMBER 2010
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRIGANGANARASAIH, MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainant: -
B.Velan S/o. of M.Balan,
Aged about 61 years,
Residing at No.133,
Wheeler Road,
Cox Town, Bangalore-05
V/s
Opposite party: -
Dee Mandala Properties Pvt Ltd,
No.177, 1st Main, 12th A cross,
WOC Road, Mahalakshmipuram,
Bangalore-86,
Reptd.by its Managing Director,
R.Mahadev Gowda
O R D E R
SRI. D.KRISHNAPPA., PRESIDENT.,
The grievance of the complaint against the opposite party in brief is, that he had entered into an agreement of sale with the OP on 22-6-2996 for purchase of land comprised in unit No.421 at Somasagara, Bangalore Rural District. OP had also entered into a memorandum of agreement on the same day with him promising to develop the said property and to remit the income earned from high yield plants. That his daughter also entered into a similar agreement and they together paid Rs.2,20,250/-. That he had paid Rs.1,50,000/- towards schedule property under the agreement. The sale deed of the property agreed to be purchased was not registered by the OP on one or the other grounds. Despite several reminders and letters dated 7-8-1998 assuring registration, OP has not registered the property in his name. Then he demanded to refund his money by sending communication on 6-5-2010. The OP by sending reply offered unreasonable explanation. Therefore the complainant has prayed for a direction to the OP to refund Rs.1,50,000/- paid by him with interest and also to award damages.
2. Notice of this complaint was duly served on the OP who remained absent is therefore set exparte.
3. The complainant, in the course of enquiry, has filed his affidavit evidence and along with the complaint has produced a copy of sale agreement, copy of memorandum of agreement and copy of receipt under which he had paid Rs.1,50,000/- to the OP with a copy of legal notice he had sent to the OP and reply given by him dated 19-5-2010.
4. On perusal of the complaint allegations, affidavit evidence, copy of receipt with sale agreement and memorandum of agreement, they disclose that this complainant entered into a sale agreement with one R.Mahadev Gowda a GPA holder of one Varalakshmamma for purchase of property bearing unit No.421 in DEE Mandala at Somasagara bounded with boundaries as described in the schedule. OP found to have entered into a memorandum of agreement with the complainant agreeing to develop by raising teak and other trees in the schedule property and to pay yielding from the trees of the schedule property. The complainant has further alleged that the OP who had agreed to execute title deed in respect of the schedule property has not done part of his duty and therefore fed-up with the delay tackties of the OP, he demanded for refund of money.
5. The complainant has produced a copy of e-mail sent by the OP on 19-5-2010 in which OP has categorically stated to had entered into the transaction with the complainant and even stated that they have executed registered documents in favour of their several other customers from 2002 to 2005 registering nearly 50% of the case who had booked in 1996 and had offered to register the document in favour of the complainant by stating that they can register the land if the complainant has agricultural status and further admitted to have received full payment. With this, it emerges that execution of the registered document has not been done for all these years, probabally, we do not know, whether the complainant is not an agriculturist, who cannot purchase the agricultural land or for some other reasons which has not been explained by the OP. However, the facts remain that the OP has neither executed registered deed nor intimated the complainant regarding reasons, why they did not execute registered deed. Therefore when that part of work has not been done by the OP, they cannot retain the amount paid by the complainant. OP has not denied their liability to refund the complainant’s money. Therefore, he is in our view is entitle for refund of his money. The complainant who had entered into sale agreement on 22-6-1996 and memorandum of agreement on the same day, thereafter found to had not taken any steps or action to know whether the OP had developed land as agreed, did not even address any letter to the OP calling upon him to execute the registered document and after having kept silent for all these years, for the first time, appears to had sent a legal notice to the OP on 26-6-2010 requesting the OP to refund his money. Therefore the complainant would be entitled for interest on the amount paid from the date of his demand. With this, we pass the following order:
ORDER
Complaint is allowed. OP is directed to refund Rs.1,50,000/- to the complainant with interest at 16% per annum from 26-6-2010 till the date of payment.
OP shall pay that amount within 50 days from the date of this order.
OP shall also pay cost of Rs.2,000/- to the complainant.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 28th December 2010.
Member Member President
