COMPLAINT FILED:13.10.2011
DISPOSED ON:29.02.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
29th DAY OF FEBRUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1879/2011
Complainant | Vivek Dubey S/o V.N.Dubey, Aged about 40 years, R/o Delhi for the time being, Represented by his GPA holder Mr.V.N.Dubey S/o late Kashi Nath Dubey, Age:74 years, Occ:pensioner, R/o:G-5, PSR Block-I, 5th Main, 6th Cross, Ganganagar, Bangalore-32. Adv:Sri.D.Ravikumar Gokakakar V/s. |
OPPOSITE PARTY | Karnataka Legislative Council Secretariat Welfare Forum by it’s President/Proprietor, Sri.K.V.Venkatesh S/o Late Venkatramaiah, Age:Major, No.2, 2nd Floor, 4th Main Road, Sheshadripuram, Nehru Nagar, Bangalore-560 020. Adv:Sri.Raghunandan M.G. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Op to refund an amount of Rs.4,05,000/- with interest at 25% p.a. and to pay compensation of Rs.90,000/- on the allegation of deficiency in service.
2. OP though appeared through their counsel, in spite of sufficient opportunity afforded, OP failed to file version.
3. The complainant in order to substantiate complaint averments filed affidavit evidence.
4. Arguments from complainant side heard, OP side taken as 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 the complainant entered into an agreement with OP to purchase a site measuring 30 X 40 feet situated in Vayuja Council Garden as shown in the agreement deed Annexure-A executed on 18.12.2006. The complainant paid Rs.1,35,000/- on the date of agreement by way of cash and another sum of Rs.2,70,000/- on 12.03.2007 through cheque drawn on ICICI Bank, Bangalore in favour of OP. OP has issued the receipt as per Annexure-B. Thus the complainant in all paid Rs.4,05,000/-. OP without forming any layout went on seeking time to execute the sale deed. Ultimately in the month of October-2010, OP informed the complainant that he is unable to provide the site as agreed, as the land has been acquired by KIADB. The complainant filed a request letter to refund the entire amount paid, but OP failed to refund the amount. The complainant got issued legal notice demanding to refund the amount the copy of the notice is at Annexure-C and the postal receipt at Annexure-C-1. Even the complainant lodged the police complaint against OP as per Annexure-D. Annexure-E is the demand letter addressed by OP to pay the 2nd instalment of Rs.2,70,000/- and as per that demand the complainant has issued the cheque for the said amount and the same has been endorsed on the Annexure-D. Annexure-E is the demand letter to refund the amount paid addressed to the OP by the complainant. There was no reason for OP in retaining the amount. When no layout is formed and OP is not in a position to execute the sale deed in respect of the site. It would have been fair enough on the part of the OP to refund the amount.
6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of Op not filing the version leads to draw inference that Op is admitting the claim of the complainant. The act of OP neither forming any layout and allotting the site nor refunding the initial sale consideration received amounts to deficiency in service. The complainant is entitled for refund of the amount of Rs.4,05,000/- with interest at 18% p.a. by way of compensation along with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Op is directed to refund an amount of Rs.4,05,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
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 29th day of FEBRUARY 2012.)
MEMBER PRESIDENT
Cs.
