BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 02^NDDAY OF FEBRUARY 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OP to refund Rs.1,01,160/- along with periodical interest at 18% p.a., from 11.09.2014 till the date of actual payment.
2. Direct the OP to pay Rs.1,00,000/- as compensation towards the mental agony.
3. To grant such other relief.

2. The case set up by the complainant in brief is as under:-

The OP is a registered society having its branch office at Bangalore. The activities of the society interlia include buying of land converting the same into site and plots.

3. The complainant had booked a site measuring to an extent of 30X 40 in total 1200 sq. feet for total consideration amount of Rs.9,28,800/- and the proposed layout known as Health City project – I Phase, situated at DoddaTumkur Village, MadhureHobli, Doddaballapura Taluk, Bangalore District.

4. At the time of booking the site the complainant has paid the booking amount of Rs.1,00,000/- vide cheque dated 11.09.2014 and further paid Rs.1,160/- for share and membership fee.  After that the OP has issued receipt for a total sum of Rs.1,01,160/-. 

5. After that the complainant waited from the last nine years. There was no progress in the said project. Therefore the complainant lost her interest in respect of the proposed project and request the OP to cancel the site confirmation and refund the advance amount of Rs.1,01,160/- with interest at 18% p.a., from 11.09.2014. The complainant has called the OP office on several times and also visited the OP office regarding refund and she also issued a letter on 28.11.2022. The OPs have given assurance but till today they have not refund the amount. The complainant also issued legal notice on 25.04.2023 and it was duly served on the OP, but the OP failed to comply the request of the complainant. Hence the complainant has filed this complaint.

6. After issue of notice OP appeared and filed their version. It is the case of the OP that the complaint is not maintainable either in law or on facts and liable to be dismissed. The complainant has not come up with true and material facts. Hence the complainant is not entitle for any reliefs.

7. The main contention taken by the OP is that this Commission has no territorial jurisdiction since the dispute arose within the jurisdiction of Mysore and the OP society is situated at Mysore. Hence the OP prayed for dismissal of the complaint.

8. The complainant has filed his affidavit evidence and relies on 07 documents.   It is pertinent to note here that this Commission passed an order holding that this Commission has got territorial jurisdiction to try this complaint since the complainant is residing in Bangalore and the project is also coming under the Bangalore Rural District. After that the OP remained absent and not adduced any evidence and not submitted any arguments.

9. Heard the arguments of advocate for the complainant. Perused the written arguments filed by the complainant.

10. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

11. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

12. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, version, affidavit evidence and written arguments filed by the complainant.

13. The complainant filed her affidavit evidence and also produced Ex.P1 to P7. It is clear from the complaint and the documents that the complainant booked the site measuring an extent of 30X40 sq.feet for a total consideration of Rs.9,28,800/- in the proposed layout of the OP known as Health City Project I Phase, situated at DoddaTumkur Village, Bangalore Rural District as per Ex.P1. The complainant has paid an amount of Rs.1,00,000/- towards sale consideration amount and also Rs.1,160/- towards share and membership fee.  The OP has issued the receiptas per Ex.P2.Even though the complainant has booked the site in the year 2014 and paid the advance amount in the year 2014 the OPs have not at all formed any layout. The complainant after waiting for more than nine years, she has also requested the OPs to refund the amount through letter dated 28.11.2022 as per Ex.P3.After that she has also got issued legal notice as per Ex.P4 on 25.04.2023 and the same was served on the OP as Ex.P5 and Ex.P6 and P7.

14. Inspite of service of notice, the OPs have not turned up. The OPs neither formed the layout nor made any arrangements for refund of the amount even after lapse of nine years. The only contention taken by the OP is that, this commission has no territorial jurisdiction to try this complaint.  This commission has also passed an order rejecting the contention taken by the OP. The OPs have not at all adduced any evidence and produced any documents.  The evidence and the documents filed by the complainant remained unchallenged. There is no reason to disbelieve the evidence and documents filed by the complainant.

15. The complainant has paid the amount and booked the site in the year 2014. The OPs are keeping the advance amount of Rs.1,01,160/- till today without forming any site and without refunding the amount. The OPs cannot retain the amount for an unlimited period. It is the duty of the OPs either to form the site and allot the site in favour of the complainant or to refund the amount. The complainant has waited for more than nine years and after that she has filed this complaint before this Commission. Therefore the OPs have committed deficiency of service, unfair trade practice.  The complainant has suffered mental agony, financial loss and also disappointment in view of the act done by the OPs in not allotting the site or refunding the amount. Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

16. Point No.3:-In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund Rs.1,01,160/- to the complainant with interest at 12% p.a., from the date of payment i.e., 11.09.2014 till realization.
3. OP is further directed to pay compensation of Rs.25,000/- with litigation expenses of Rs.10,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 14% p.a. after expiry of 60 days on Rs.1,01,160/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 02ND day of FEBRUARY 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL