Date of filing : 21.07.2010<br /> Date of Order: 21.09.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF SEPTEMBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1673 OF 2010<br /> <br /> 1) Mrs. Keerti M.Vaidya<br /> w/o Vrushabhendra Patri<br /> 2) Mr. Vrushabhendra Patri,<br /> S/o V.M. Patri, <br /> No.207, 4th B Cross, Ground Floor,<br /> East of NGEF, Kasturinagar,<br /> Bangalore-43. Complainants<br /> <br /> <br /> V/S<br /> <br /> 1) Granity Properties Pvt., Ltd.,<br /> 43 3rd Cross, 10th A Main,<br /> Indiranagar 2nd Stage,<br /> Indiranagar, <br /> Bangalore-38.<br /> <br /> 2) Ashfak Ahmed, <br /> MD, Grnaity Properties Pvt., Ltd.,<br /> 74, Masjid Road, Krishnajapuram Post,<br /> Bangalore. <br /> <br /> 3) Aajaj Ahmed,<br /> Director, Granity Properties Pvt., Ltd.,<br /> 74, Jahangir Manjil, Masjid Road,<br /> Krishnarajapuram, <br /> Bangalore.<br /> <br /> <br /> 4) Shri Vijay Tata Ravipathi,<br /> Sole Proprietor, Orange Properties,<br /> 114/1, Tirumala Towers, Banaswadi Outer<br /> Ring Road opp. to ASR Kalyanmantap,<br /> Bangalore-43. . Opposite parties<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, the complainants have booked plot No.103 measuring 1200 sq. ft and paid booking amount of Rs.2,00,000/- by cheque on 18-10-2008 to the opposite parties another sum of Rs.1,00,000/- is also paid by way of cheque bearing No.774183 dated 8-11-2008. Agreement dated 14-11-2008 was collected by the complainant. The opposite parties undertaken to refund the entire amount along with interest at 12% p.a. from the date of payment received. Having waited for more than 6 months there is no positive reply from the opposite parties. The opposite parties having entered into an agreement with the complainants avoided direct dealing. The opposite parties failed to fulfill obligations under the agreement thus, indulged in deficiency of service. Shri Vijaya Tata Ravipathi has mislead the complainant has widely publicity in all leading news papers misrepresent the facts. The opposite parties are guilty of unfair trade practice and breach of trust. Therefore, the complainants prayed that opposite parties be directed to refund the amount of Rs.3,00,000/- with interest. <br /> 2. After admitting the complaint, the notice was sent to the opposite parties. Notice was served to opposite parties No.1 to 3. The opposite party No.4 is not necessary, therefore notice was not sent to the opposite party No.3. Notice was served on opposite parties No.1 to 3. When the case was set for appearance of the opposite parties on 2-9-2010 they have not appeared before this Fora. Therefore they are placed ex-parte. The complainants have filed Affidavit Evidence in support of their case. Documents are produced. I have gone through the complainant averments and documents and also affidavit. Arguments are heard. The case of the complainants has gone unchallenged. The complainants have paid Rs.2,00,000/- by way of cheque to the opposite parties on 18-10-2008 a receipt was issued by Granity Properties Pvt., Ltd., and the complainants have paid another sum of Rs.1,00,000/- by way of cheque dated 8-11-2008. The complainant has produced receipts passed by the Granity Properties. The complainants have produced agreement dated 14-11-2008. By the documentary evidence it is very clear that the complainants have paid total amount of Rs.3,00,000/- for the plot. The opposite parties failed to allot plot and registered the document as per the commitment. The project is not commenced and the opposite parties committed deficiency of service and also unfair trade practice. The complainants definitely entitled for the refund of the amount with 12 % interest. The case was put up by the complainants have gone unchallenged. The opposite parties have not appeared before this Fora. Therefore they have accepted the case of the complainants by not appearing before this Forum. Therefore, the case of the complainants shall have to be accepted as true and correct. The complainants are definitely entitled for refund of amount with interest. In the result, I proceed to pass the following:- <br /> ORDER<br /> 3. The complaint is allowed. The opposite party No.1 to 3 are directed to refund Rs.3,00,000/- to the complainants. The complainants are entitled for interest at 12% p.a. from the opposite party No.1 to 3 from 8-11-2008 till the date of payment / realization. The opposite parties are directed to comply the order within 4 weeks from the date of this order.<br /> 4. The complainants are also entitled Rs.3,000/- as cost of the present proceeding from the opposite party No.1 to 3. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 21ST DAY OF SEPTEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br /> <br />