COMPLAINT FILED:29.01.2011
DISPOSED ON:03.09.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
3rd DAY OF SEPTEMBER-2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.198/2011
Complainant | Karthikeyan K Kamala Nilayam, 6th Main B Narayana Puram, Near St Peter School, Bangalore-560 016. Advocate: Sri.Nayak & Srikumar V/s. |
OPPOSITE PARTIES | 1. Granity Properties Pvt.Ltd., “Represented by Mr.Ashfak Ahmed, Managing Director. Granity Propeties Pvt Ltd. 74, Masjid Road, Krishnaraja Puram Post, Bangalore. 2. Ashfak Ahmed, Managing Director, Granity Properties Pvt Ltd., 74, Masjid Road, Krishnaraja Puram Post, Bangalore-36. 3. Aajaz Ahmed, Director-Granity Properties Pvt Ltd., 74, Jahangir Manjil, Masjid Road, Krishnarajapuram, Bangalore-36. Placed Ex-parte. 4. Shri Vijay Tata Ravipathi, Sole Proprietor, Orange Propeties, 114/1, Tirumala Towers, Banaswadi Outer ring Road, Opp.to ASR kalyanamantap, Banalore-560 043. Adv: Sri.S.M., |
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O R D E R
Sri.B.S.REDDY, PRESIDENT
1. The complainant filed this complaint Under Section 12 of the Consumer Protection Act 1986 seeking direction against the opposite parties (herein after refer to as OPs) to refund an amount of Rs.4,00,000/- together with interest at 12% p.a. and to pay sum of Rs.4,00,000/- as compensation, costs of the proceedings jointly and severally on the allegation of deficiency in service on the part of OPs.
2. In spite of service of notice, OPs 1 to 3 failed to appear without any justifiable cause hence placed ex-parte. Sri. S.M.Advocate had undertaken to file Vakalath for OP4 but failed to file Vakalath and version.
3. The complainant filed affidavit evidence in support of complaint averments.
4. Arguments on complainant’s side heard.
5. We have gone through the complaint averments, the affidavit evidence of the complainant and the documents produced. On the basis of these materials it becomes clear that OP2 is the Managing Director, the OP-3 is the Director of OP1. OP4 is the Sole Proprietor of Orange Properties. The complainant being lured away with the advertisement in all leading newspapers, holding displays throughout Bangalore City for the European township Project being launched by OP1 at Hirandahalli, Bidarahalli Hobli, Bangalore East Taluk of Old Madras Road, booked two plots bearing Nos.415 and 416 on 29.06.2008 and paid an amount of Rs.4,00,000/- as booking amount to OP1 through two cheques each for Rs.2,00,000/- 16.08.2008 drawn on HDFC Bank and City Bank at M.G.Road, Bangalore. The receipt was issued by OP4 on behalf of OP1 which is marked as Annexure-3. The Bank Statement with regard to the clearance of cheque of City Bank is at Annexure-4. The complainant waited for more than 5 months and in spite of many telephone calls and personal visits to the office, there was no positive reply from OPs. The complainant addressed letter to OP4 for cancellation of the plots and to refund the amount paid as per letter dt.06.12.2008 marked as Annexure-6. OP4 promised to refund the amount through OP1. Later OP4 issued 4 cheques each for Rs.1,00,000/- dt.10.03.2009, 20.03.2009, 05.07.2009 and 21.04.2009 towards refund of the amount. When the complainant presenting the said cheques, the same were bounced. OP4 has misled the complainant by widely publishing in all leading newspapers, misrepresenting the facts and inducing the complainant to book the sites. OPs failed to form any layout and allot sites. Thus it becomes clear that the OPs made the complainant to part with huge amount of Rs.4,00,000/- without there being any property for formation of the layout and to register the sites. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of OPs remaining ex-parte leads to draw inference that OPs are admitting the complaint averments and the documents produced. The act of OPs neither forming the layout and allotting the sites nor refunding the amount received amounts to deficiency in service on their part. The complainant is entitled for refund of the amount of Rs.4,00,000/-. An amount of Rs.4,00,000/- has been claimed as compensation. Taking into consideration of all the facts and circumstances, we are of the view that interest at the rate of 18% p.a. can be awarded by way of compensation. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OPs 1 to 4 are jointly and severally directed to refund an amount of Rs.4,00,000/- with interest at 18% p.a. from 29.06.2008 till the date of realization and pay litigation cost of Rs.3,000/- to the complainant within 4 weeks from the date of this Order.
Send copy of this order to both the parties free of costs.
(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 3rd day of Septermber-2011.)
MEMBER MEMBER PRESIDENT
Cs.
