Date of Filing:15.03.2008<br /> Date of Order:30.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF DECEMBER 2008<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 /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 715 OF 2008<br /> <br /> S.V. Jagadeesh,<br /> 247, II Cross, F-Block,<br /> Sahakarnagar,<br /> Bangalore 560 092. Complainant<br /> <br /> V/S<br /> <br /> Happy Home Constructions P. Ltd.,<br /> 179/12-01, 12th Cross Road,<br /> Wilson Garden, Lalbagh-Hosur Road,<br /> Bangalore 27.<br /> <br /> Now presently known as<br /> City Square Enterprises P. Ltd., <br /> No.312, III Floor, Royal Corner, <br /> K.H. Road, Bangalore 27. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant. The brief facts of the case are that, he has paid Rs.1,00,000/- vide cheque No.016514 dated 11/01/2005 to opposite party. The cheque was encashed on 3rd February-2005 by Happy Homes and agreement was given to complainant in respect of plot No.37 in ANOKHI project at Huttanahalli, Jala Hobli, Bangalore North Taluk. The opposite party has issued official receipt No.125598. The complainant had written 4 letters to the opposite party and informed them that he will take legal action. Letters are not replied. The opposite is not serious about honouring their agreement. The complainant submitted that the opposite party should compensate him for the delay, inconvenience and tension caused to him. The opposite party should compensate the complainant with Rs.4,00,000/-. <br /> 2. Notice was issued to opposite party through RPAD. Opposite party put in appearance through Advocate and filed defense version. Affidavit evidence of complainant filed. Arguments are heard. <br /> 3. During the course of argument the counsel for the opposite party fairly and rightly submitted that the opposite party is ready to refund Rs. 1,00,000/- to the complainant since it is not possible to form layout and sites due to so many legal hurdles. The learned Advocate for the opposite party submitted that the complainant has filed a civil suit at 957/2007 before the Civil Judge (Sr.Dvn.,) Court, Devanahalli against the present opposite party and he has to withdraw that suit after receipt of the amount as per the order of the present Forum. As regards the payment of Rs.1,00,000/- is concerned, absolutely there is no dispute. The complainant has produced receipt issued by the opposite party for Rs.1,00,000/-. The complainant has paid the amount through cheque and the cheque has been encashed by the opposite party on 3rd February-2005. Therefore, the payment of Rs.1,00,000/- by the complainant towards the site No.37 is proved beyond doubt. The complainant who was present in person also fairly submitted that he is ready to withdraw the civil suit against the opposite party in Devanahalli Court after getting the relief from the hands of this Forum. So, in view of the submissions made by the complainant and also the learned Advocate for the opposite party it is just, fair and proper to allow the complaint and direct the opposite party to refund the amount received from the complainant along with interest. Since the opposite party had utilised the amount of the complainant and did not honour the commitment and therefore, the opposite party is bound to pay interest on the amount paid by the complainant. The Hon’ble National Commission and Hon’ble State Commission in several cases of similar nature are awarding interest at 18% p.a on the refund amount. Therefore in this case also, I feel it is just, proper and reasonable to award interest at 18% p.a on the amount paid by the complainant from the date of encashment of cheque i.e., 3rd February-2005. Apart from the interest, I feel it would be just, fair and reasonable to award Rs.25,000/- as compensation for mental agony, inconvenience and tension caused to the complainant. The complainant is also entitled Rs.5,000/- towards costs of the present proceedings from the opposite party. Taking into consideration of all the facts and circumstances of the case, I am of the opinion that it is a fit case to allow the complaint and direct the opposite party to refund the amount with interest and compensation. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 4. The Complaint is allowed. The opposite party is directed to refund Rs.1,00,000/- with interest at 18% p.a from 3rd February-2005 till payment/realisation. <br /> 5. The opposite party is directed to pay Rs.25,000/- as compensation to the complainant for mental agony, inconvenience, tension and hardship. <br /> 6. The opposite party is directed to pay Rs.5,000/- towards costs of the present proceedings. <br /> 7. Send the copy of this Order to both the parties free of costs immediately as a statutory requirement. <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF DECEMMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> Rhr.<br />