Karnataka

Bangalore 4th Additional

CC/10/1823

Mrs.sitalakshmi Prasad - Complainant(s)

Versus

Granity Properties pvt ltd "Representd by Ashfak Ahmed M.D - Opp.Party(s)

Inperson

09 Jul 2012

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/10/1823
 
1. Mrs.sitalakshmi Prasad
Inner Ring Road A 001, Natasha Golf View Apartments, Inner Ring Road Domalur, Bangalore-71.
Bangalore
Karnataka
...........Complainant(s)
Versus
1. Granity Properties pvt ltd "Representd by Ashfak Ahmed M.D
43, 3rd Cross, 10th A Main, Indirangar 2nd Stage, Indiranagar Bangalore-38.
Bangalore
Karnataka
2. 2.Ashfak Ahmed, M.D Granity Properties Pvt. Ltd
74, Masjid Road, Kirshnarajapuram post, Bangalore
Bangalore
Karnataka
3. 3.Aaj Ahmed, Director, Granity Properties Pvt Ltd
74, Jahangir Manjil, Masjid Road, Krishnarajapuram, Bangalore
Bangalore
Karnataka
4. 4.Shri Vijay Tata ravipathi, sole Propertor, Orange Properties,
114/1 Tirumala Towers, Banaswadi Outer Ring Road, Opp.to ASR Kalyanamantap, Bangalore-43.
Bangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE J.N.Havanur PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

ORDER REGARDING ADMISSION Complainant has approached this forum with this complaint contending that she had applied for allotment of a plot to Ops by paying advance amount of Rs.2.00 lakhs, when Ops failed to provide her site, she demanded repayment of advance money and the Ops though had issued cheque/s for repayment of amount but on presentation, they are bounced and therefore, has prayed for a direction to the Ops to refund her money with interest. In the course of hearing, the complainant who is in person submitted that the Ops have already refunded advance money through cheques but cheques are bounced and she has also initiated proceeding against Ops under section 138 of Negotiable Instrument Act and there has been delay in trail of those cases. In view of the fact, when the Ops have already refunded advance money through cheques and cheques are bounced, the remedy to the complainant is under the provisions of Negotiable Instrument Act and not under the Consumer Protection Act. Complainant shall have to exhaust her remedy U/S 138. Proceeding has already been initiated on the bounced cheque and therefore, complaint is not maintainable and is dismissed at the stage of admission. MEMBER MEMBER PRESIDENT

 

Complainant  absent.  steps not given  even though several opportunites granted to her hence, complainant is dismissed for non posecution

 
 
[HON'ABLE MR. JUSTICE J.N.Havanur]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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