COMPLAINT FILED: 24.09.2009<br /> DISPOSED ON: 27.07.2010<br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 27TH JULY 2010<br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT NO.1044/2008<br /> <br /> <br /> COMPLAINANT Sri. Ananat kumar Sinha,<br /> Aged about 68 years,<br /> Residing at Flat No.605,<br /> Red Wood Block, <br /> Raheja Residency,<br /> Koramangala,<br /> Bangalore – 560 034.<br /> <br /> Advocate : Aravind M Neglur <br /> <br /> V/s.<br /> <br /> OPPOSITE PARTIES 01. Happy Homes Township Pvt. Ltd.,<br /> ‘Park View’, No.7 East Park Road, Kumara Krupa East, Bangalore-560 001<br /> Rept. by its Board of Directors.<br /> <br /> 02. Shri. V. Penchalaiah,<br /> S/o V Adisheshaiah, Flat No.1, Angels Palace, No.3, Berlie Street Cross, Langford Town, Bangalore-27.<br /> <br /> 03. Shri. N. Ramana Reddy,<br /> S/o N.Kote Reddy, No.303, Brigade Park View, B.P.Wadia Road, Basavangudi, Bangalore.<br /> <br /> <br /> 04. Shri. P.V. Raghava Reddy, S/o P.V.Ramana Reddy,<br /> No.1042, 36th Cross, 26th Main, 4th T Block, Jayanagara, Bangalore.<br /> <br /> 05. Shri P. Seetharami Reddy, S/o P. Balarama Reddy, No.303, Brigade Park View, B.P. Wadia Road, Basavanagudi, Bangalore.<br /> <br /> 06. Shri. N. Siva Sai,<br /> S/o N. Ramana Reddy,<br /> No. 303, Brigade Park View, B.P. Wadia Road, Basavanagudi, Bangalore.<br /> <br /> 07. Ms. N. Usha Reddy,<br /> C/o N. Ramana Reddy,<br /> No. 303, Brigade Park View, B.P. Wadia Road, Basavanagudi, Bangalore.<br /> <br /> 08. Shri. Suresh Reddy,<br /> ‘Park View’, No.7 East Park Road, Kumara Krupa East, Bangalore-560 001.<br /> <br /> 09. Shri. Ravana Reddy,<br /> ‘Park View’, No. 7 East Park Road, Kumara Krupa East, Bangalore-560 001.<br /> <br /> 10. Ms. Anuradha Reddy,<br /> Happy Homes Group, No.24/1, Race Course Road, Next to Hotel Race View, Bangalore-01.<br /> <br /> 11. Shri. R.V.Sai,<br /> Happy Homes Township Pvt. Ltd., No.89/01, 7th Cross, Wilson Garden, Lalbagh-Hosur Road, Bangalore-27<br /> <br /> <br /> <br /> 12. Shri K.S. Suresh Verma,<br /> S/o K.Venkata Siva Reddy, No.1447, I Phase, 9th Cr, J.P.Nagar, Bangalore-78.<br /> <br /> 13. Shri. V. Sidda Murthy,<br /> S/o. V. Govindaiah, No.16, Flat No.16, 5th Main, 12th Cr, Wilson Garden, Bangalore-27.<br /> <br /> 14. M/s. Shaloo Agencies, No.204, Brigade Corner, 110/73, Kanakapura Road, Yediyur Circle, Jayanagara 7th Block, Bangalore-82.<br /> <br /> 15. Shri. Tarun Bhatia, Partner,<br /> M/s. Shaloo Agencies, No.204, Brigade Corner, 110/73, Kanakapura Road, Yediyur Circle, Jayanagara 7th Block, Bangalore-82.<br /> <br /> 16. Shri. Parbesh Bhatia, Partner,<br /> M/s. Shaloo Agencies, No.204, Brigade Corner, 110/73, Kanakapura Road, Yediyur Circle, Jayanagara 7th Block, Bangalore-82.<br /> <br /> Advocate for OPs 14,15 and 16 : Sri. S.M.Patil<br /> <br /> <br /> O R D E R<br /> <br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Parties (herein after called as O.Ps) to refund Rs.3,55,500/- with interest at 18% P.A from 19.09.1997 being the date of agreement till payment along with costs on the allegation of deficiency in service. <br /> <br /> 2. The brief averments made in the complaint are as follows:<br /> <br /> Complainant being lured away with the advertisement and propaganda issued by OP 14 to 16 who are acting as agents of OP-1 to 13, thought of purchasing two plots in the project floated by the OPs in the name and style “Happy County”. OPs claims to be the promoters and developers of housing plots. Complainant opted for purchasing a plot measuring 3600 Sq.Fts. for a total value of Rs. 3,54,000/- payable in instalments which include developmental charge of Rs.60,000/-. Complainant entered into two agreements of sale with OP-1 represented by OP-2 to 13 on 19.09.1997 irrespect of plot No. 2825 & 2838 in happy county layout in Vagata, Vagata Agrahara, Vadeyana halli, Chandrapura Villages of Tadiganahalli Hobli, Hoskote Taluk, Bangalore Rural District, on 22.05.1997 and 04.09.1997. Complainant paid 34,500/- towards each plot as part of sale consideration i.e. Rs.69,000/-, on 29.05.97 Rs.60,000/- on 26.08.97 Rs.27,000/- and Rs.39,000/- on 25.01.99 balance amount paid in 14 instalments of Rs. 9,000/- each from 22.05.97 to 25.01.99 i.e., Rs. 2,86,500/- to OP. In all complainant paid Rs. 3,55,500/- to OP. OP 1 to 13 acknowledged the payment and issued receipts. Thereafter some now inspite of repeated requests & demands made by complainant, even by causing litigation notice on 22.06.2009. There was no response. Complainant invested his hard earned money he is unable to reap the fruits of his investment. Under such circumstances complainant felt deficiency in service and unfair trade practice on the part of the OPs. Hence he is advised to file this complaint and sought for the necessary relief’s.<br /> <br /> 3. After registration of complaint notices were sent to all OPs. notice for OP-12 served but remained absent. Hence placed ex-parte. Inspite of notice by way of paper publication in Sanje Vani dt. 14.04.2010 OP-1 to 11 and 13 remained absent. Hence placed ex-parte. OP 14 to 16 appeared and filed version mainly contending that there is no sale agreement between complainant and OP-14 to 16. There was no legal obligation on the part of these OPs in respect of sale agreement dt:19.09.97 between complainant and OP-1 to 13 in respect of the sites. Prayer for recovery of Rs. 3,55,000/- with interest 18% P.A. from 19.09.1997 from OP 14 to 16 is not tenable under facts and law. Accordingly prayed for dismissal of the complaint.<br /> <br /> 4. In order to substantiate the complaint averments complainant filed his affidavit evidence and produced the copy of the certificate of incorporation of OP-1 from No.18 filed by OP-1 with Registrar of companies copy of the sale agreements dt:19.09.97, copy of the Cheques, receipts and correspondence, Legal notice and postal endorsements.<br /> <br /> 5. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OPs.?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order ?<br /> <br /> <br /> 6. We have gone through the pleadings of the parties both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> Point No.1:- In Affirmative<br /> <br /> Point No.2:- Affirmative in part<br /> <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. It is contended by the complainant that the complainant became the member of the project floated by the OP in the name and Style “Happy County” Layout OP executed an agreement to sell two plots measuring 3600 Sq.Fts. bearing No. 2825 & 2838 on 19.09.1997. Copy of the two agreements are produced. The total price fixed for each plot is Rs. 3,54,000/- and complainant in all made payment of Rs. 3,35,500/- only from 22.05.97 to 25.01.99 cash receipts issued by OPs are produced.<br /> <br /> 8 Now it is the grievance of the complainant that evenafter lapse of so many years though he had made the payments of Rs.3,55,500/- in the year 1997 to 1999 itself inspite of repeated requests and demands OP failed to register a plot in his favour. On insistence OP directed the complainant to pay registration charges so that they will register the site. Letter written by OP dt:09.02.1999 is produced. Complainant promptly paid Rs.2,86,500/- from 22.05.97 to 25.01.99. OP failed to allot plots and register it in favour of complainant. Hence he got issued the legal notice on 22.06.2009. Notice returned unserved. Copy of the notice acknowledgements are produced. The evidence of the complainant finds full corroboration with the contents of the undisputed documents. There is nothing to discard the sworn testimony of the complainant. The non appearance of OPs evenafter due service of the notice leads us to draw an inference that OP-1 to 13 admits all the allegations made by the complainant in toto. Complainant invested his hard earned money to purchase sites in the year 1997 to 1999 itself. Unfortunately he is unable to reap the fruits of his investment even up to this day. Complainant for no fault of his made to suffer both mental agony and financial loss. If OP is aware of the fact that it cannot form the layout, could have fairly refunded the amount to the complainant. Retention of amount without allotting and registering the plots amounts to deficiency in service on the part of the OP. OP 14 to 16 are the agents between complainant and OP-1 to 13. There is no privities of contract between complainant and OP-14 to 16. Hence they are not liable for complainant. Under these circumstances we are of the considered view that the complainant is entitled for refund of amount, with interest and cost. Accordingly we proceed to pass the following:<br /> <br /> ORDER<br /> <br /> The complaint is allowed in part. OP-1 to 13 are directed to refund Rs.3,55,500/- together with interest at 12% p.a. from the respective date of payments; till realization and pay litigation cost of Rs.2,000/- to the complainant.<br /> <br /> Complaint against OP 14 to 16 is dismissed.<br /> <br /> This order is to be applied within four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 16th day of July 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> gm <br /> <br /> <br /> <br /> <br /> <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 16th day of July 2010.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> gm <br />