Date of filing : 17.08.2010 Date of Order: 14.10.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 14TH DAY OF OCTOBER 2010 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1924 OF 2010 Mr. C.S. Bagchi, Flat No.107, Pine-B1, Prestoge Green Woods, CV Raman Ngar, Bangalore-93. Complainant V/S 1) Granity Properties Pvt., Ltd., 43 3rd Cross, 10th A Main, Indiranagar 2nd Stage, Indiranagar, Bangalore-38. 2) Ashfak Ahmed, MD, Grnaity Properties Pvt., Ltd., 74, Masjid Road, Krishnajapuram Post, Bangalore. 3) Aajaj Ahmed, Director, Granity Properties Pvt., Ltd., 74, Jahangir Manjil, Masjid Road, Krishnarajapuram, Bangalore. 4) Shri Vijay Tata Ravipathi, Sole Proprietor, Orange Properties, 114/1, Tirumala Towers, Banaswadi Outer Ring Road opp. to ASR Kalyanmantap, Bangalore-43. . Opposite parties ORDER By the President Sri S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. The brief facts of the case are that, the complainant has booked sites measuring 30x50 each. He has paid total amount of Rs.4,00,000/- through cheques on 23-8-2008 and 1-09-2008 to the opposite parties. The booking application form is produced and copies of cheques are produced and copy of the receipt is produced. The opposite parties failed to fulfill obligations under the agreement thus, indulged in deficiency of service. The opposite parties are guilty of unfair trade practice and breach of trust. Therefore, the complainant prayed that opposite parties be directed to refund the amount of Rs.4,00,000/- with interest. 2. After admitting the complaint, the notice was sent to the opposite parties. Notices to opposite party No.2 & 3 are returned with endorsement Not Claimed and opposite party No.2&3 being MD and Director of the opposite party No.1 Therefore, they are placed ex-parte and no relief against the opposite party No.4 therefore, notice to opposite party No.4 was not necessary. Peruse the complaint and documents. Heard, the arguments of the complainant. The case put up of the complainant has gone unchallenged the opposite parties have not appeared before this Fora and not contested the mater. The complainant has proved payment of Rs.4,00,000/- to the opposite parties towards booking of plots amounts have been paid by way of cheques. It is unfortunate that the ops have failed to allot and registered the plots in favour of the complainant. The opposite parties have committed deficiency of service in not complying with the agreement. The opposite parties have also practiced unfair trade practice in not developing the layout as per their commitment and obligation. Number of complaints has been received against the ops and the Consumer Forums had allowed the complaints and directed the ops to refund the amount with interest to the respective complainants. Therefore, this case being similar case also request to be allowed and the ops shall be directed to refund the amount with interest. In the result, I proceed to the following:- ORDER 3. The complaint is allowed. The opposite party No.1 to 3 are directed to refund Rs.4,00,000/- to the complainant. The complainant is entitled for interest at 12% p.a. from the opposite party No.1 to 3 from 1-09-2008 till the date of payment / realization. The opposite parties are directed to comply the order within 4 weeks from the date of this order. 4. The complainant is also entitled Rs.3,000/- as cost of the present proceeding from the opposite party No.1 to 3. 5. Send the copy of this Order to both the parties free of costs immediately. 6. Pronounced in the Open Forum on this 14TH DAY OF OCTOBER 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER
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