COMPLAINT FILED:24.06.2011
DISPOSED ON:23.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
23rd DAY OF DECEMBER 2011
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1156/2011
Complainant | Prashanth R.Manjeshwar S/o Ravindra M, Residing at Flat No.J 201, Esteem Royale Apartment, Next to Nirguna Mandir, Koramangala S.T.Bed, Koramangala, Bangalore-560 047. Adv:Sri.S.Shivanand. V/s. |
OPPOSITE PARTIES | 1. Karnataka Legislative Council Secretariat Employees Welfare Forum (R), No.2 2nd Floor, 4th Main Road, Nehru Nagar, Sheshadripuram, Bangalore-560 020. 2.The President Karnataka Legislative Council Secretariat Employees Welfare Forum (R), No.2 2nd Floor, 4th Main Road, Nehru Nagar, Sheshadripuram, Bangalore-560 020. 3.M/s Sri.Venkateshwara Estates and Builders Office No.2, IInd Floor, 4th Main Road, Nehru Nagar Sheshadripuram, Bangalore-560 020. Represented by his Proprietor. 4.K.V.Venkatesh, Proprietor of M/s Sri.Venkateshwara Estates and Builders Office No.2, IInd Floor, 4th Main Road, Nehru Nagar Sheshadripuram, Bangalore-560 020. (Adv:Sri.H.N.Gopimohana. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section-12 of the Consumer Protection Act, 1986 seeking direction against the Ops to refund an amount of Rs.5,42,000/- with interest at 18% p.a. and pay compensation of Rs.10,00,000/- on the allegation of deficiency in service on the part of the Ops.
2. Ops though appeared through their counsel, but in spite of sufficient opportunity given, version is not filed.
3.The complainant filed affidavit evidence in order to substantiate complain averments.
4.Heard from complainant’s side, OP side taken has heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials it becomes clear that OP1 is the Karnataka Legislative Council Secretariat Employees’ Forum, the OP2 is its President, OP3 is the Developer and Builder of the layout of OP1, OP4 is the Proprietor of OP3. OP1 and 2 invited the membership from the General Public for residential sites near Hoovinayakanahalli Village, jala Hobli, Bangaldore Rural District, in the name and style Vayuja Council Gardens Layout. The complainant paid sum of Rs.5,40,000/- as advance sale consideration for purchasing a site in the said proposed layout through cheque dt.20.09.2007 and he has paid further sum of Rs.2,000/- as membership fee. OP1 and 2 issued the receipt dt.13.10.2007. OP1 and 2 along with OP3 and 4 jointly formed the layout named “Vayuja Council Gardens Layout. The complainant contacted the office bearers and President for allotment of site, but the Ops have prolonged to allot the site. On 29.05.2010 OP1 wrote a letter to the complainant and other members stating that the land had been notified by KAIDB for forming of an Industrial layout, it would not be possible for allotment of site therein, but offered to allot a site in other two on-going projects-one near International Airport, behind ITC Factory which is yet to be approved and another one at Alambadi Village, Malur Taluk, near Hoskote. The complainant being not interested in the said projects, he wrote letter to OP1 on 19.11.2010 calling upon to refund the amount paid together with interest. OP1 has not replied for the said letter. Another letter was written on 23.03.2011 calling upon the Ops to refund the amount along with interest. With great persuasion of Ops, they issued cheque for Rs.5,40,000/- but the same was dishonoured for the reason that ‘No Debits Allowed’. The complainant intimated to OP1 about dishonour of the cheque through letter dt.12.04.2011 but till date, Ops have not settled the amount. Legal notice dt.07.06.2011 was issued to the Ops. Ops failed to provide developed site, the same shows the deficiency in service on the part of the Ops. Thus Ops claimed for refund of the amount with interest at 18% p.a. and damages of Rs.10,00,000/- on account of deficiency in service.
6.The cheque dt.20.12.2010 issued by OP2 as President of OP1 towards refund of the amount received from the complainant has been dishonoured. In spite of issue of legal notice, Ops failed to refund the amount. The agreement deed dt.22.11.2007 is executed by OP4 as Proprietor of OP3 and OP2 as President of OP1 acknowledging the receipt of Rs.5,40,000/- by way of advance for the site measuring 30 X 40 feet proposed to be formed in the layout called Vayuja Council Gardens Layout, at Hoovinayakanahalli Villae, Jala Hobli, Bangalore Rural District. The act of Ops neither developing the proposed layout and allotting the site nor refunding the amount received, amounts to deficiency in service on their part. The very fact of Ops not filing the version leads to draw inference that Ops are admitting the claim of the complainant. There is no reason to disbelieve unchallenged affidavit evidence of the complainant and the documents produced. After dishonour of the cheque issued by Ops, the legal notice was issued to Ops to refund the amount through D.D. failing which action deemed fit will be taken to recover the amount, but Ops have not replied for the said notice. Under these circumstances, we are of the view that the complainant is entitled for refund of the amount with interest at 18% p.a. by way of compensation along with litigation cost of Rs.3,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed.
Ops are directed to refund an amount of Rs.5,42,000/- with interest at 18% p.a. from 20.09.2007 till the date of realization and pay litigation cost of Rs.3,000/- to the complainant.
The liability of the Ops is joint and several.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(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 23rd day of December 2011.)
MEMBER MEMBER PRESIDENT
Cs.
