O R D E R

SRI.D. KRISHNAPPA, PRESIDENT:

          The grievance of the complainant against the Op in brief is, that after seeing the advertisement issued by the Ops in news paper and through other media he was influenced to apply for allotment of a plot.  That the executive of the first Op offered a gift scheme providing reduction of Rs.2.00 lakhs per site, he shown the layout plan and he was told to pay Rs.2.00 lakh as booking amount.   That he booked plot No.1121 measuring 1200 sq. ft and paid booking amount of Rs.2.00 lakhs through crossed cheque dated 26/08/2008 in the name of the first Op.   One Prabhu of Ops has collected the cheque.   That Ops made promise of getting conversion of land and formation of layout within 3 months after the approval from BDA.   He waited for more than 6 months but found no progress in the formation of layout.   When he approached the Ops, they did not give satisfactory reply and also did not account for non-formation of layout.   The complainant therefore stated that Ops No.1 and 2 represented by Sri. Ashfak Ahmed, M.D and Ops No.2 and 3 have failed to keep up their promise in forming layout within stipulated period.   Ops No.1 to 3 had authorized Op No.4 to deal with him in collecting money and offering to provide a plot but they have failed to keep up their promise and thereby have caused deficiency in their service and thus has prayed for a direction to Ops 1 to 3 to refund his Rs.2.00 lakhs with interest @ 12% p.a and Op No.4 to pay him Rs.2.00 lakhs as compensation besides awarding compensation.

2. Notices ordered to Ops were returned with shara that Op No.1 and 4 have left the address and notice of Ops No.2 and 3 are returned as ‘not claimed’.   Notice of Op No. 2 and 3 are taken to have been duly served, were called out, remained absent are set ex-parte.  Op No.1 is a company represented by its Managing Director namely Ashfak Ahmed who has been made as party in his individual capacity as Op No.2 as such service of notice since has been taken as sufficient and felt that there is no need to send the notice once again to Op No.2 and therefore, the complainant got the complaint against Op No.4 dismissed.

3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in his complaint.   The complainant along with the complaint has produced a copy of receipt for having paid Rs.2.00 lakhs, copy of his account extract to prove the debit of amount from his account with a copy of letter of BDA.      We have heard the complainant who is in person and perused the records.

4. On perusal of the complaint allegations, affidavit evidence copies of documents, they prove that complainant had agreed to purchase a plot from first Op and in all paid Rs.2.00 lakh towards part consideration of the site.   Op No.4 found to have acted on behalf of Op No.1 even received certain amounts on behalf of Op No.1.   It is further found, despite, the first Op entered into an agreement with the complainant to transfer title of plot, thereafter did not respond to the call of the complainant.   The Ops therefore found to have made false promise to the complainant in providing plot and after receipt of certain consideration neglected to keep up their promise and even to refund the complainant’s money.   Ops who have been given opportunity to appear and defend the action of the complainant have not cared to appear.   Ops 1 and 2 are one and the same.   Ops No.1 is the firm represented by its Managing Director namely Ashfak Ahmed.   Op No.2 is sued in his individual capacity.  Op No.3 is shown as Director of Op No.1.  Therefore, Ops No.1 to 3 in our view found to have transacted with the complainant but failed to render their service.  As such, we find no reasons to discard the claim of the complainant.   As the result, we pass the following order.         

O R  D  E  R

          Complaint is allowed.   Ops 1 to 3 are jointly and severally held as deficient in their service, are directed to refund Rs.2.00 lakhs to the complainant with interest @ 12% p.a from the date of receipt of payment till those amounts are refund. 

          Ops 1 to 3 are directed to refund that money with interest within 60 days from the date of this order.

          Ops 1 to 3 shall also pay cost of Rs.3,000/- to the complainant.

          Dictated to the Stenographer got it transcribed and corrected.   Pronounced in the Open forum on this the 16^th November 2010.

                         MEMBER                               PRESIDENT