COMPLAINT FILED: 13.04.2010<br /> DISPOSED ON: 16.06.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 16th JUNE 2010<br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.813/2010<br /> <br /> <br /> COMPLAINANT Sri.Yogesh H.R.<br /> S/o. Rajaiah S.<br /> Aged about 40 years,<br /> Residing at No. 398,<br /> Saraswathinagar,<br /> Vijayanagar,<br /> Bangalore – 560 040.<br /> <br /> Advocate:Sri.Mali Mariyappa<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTIES 1. Karnataka Legislative <br /> Council Secretariat <br /> Employees Welfare Forum, <br /> (R), No.2. 2nd Floor, <br /> 4th Main Road, <br /> Nehru Nagar, <br /> Seshadripuram, <br /> Bangalore-20<br /> Rept. by its President.<br /> <br /> 2. Sri. K.V.Venkatesh, <br /> Son of late Venkataramaiah, <br /> Aged about 47 years,<br /> M/s. Sree Venkateshwara<br /> Estate & Buildings, No.2,<br /> 2nd Floor, 4th MainRoad,<br /> Nehrunagar,<br /> Seshadripurm,<br /> Bangalore-560 020.<br /> <br /> Ex-parte<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 Party (herein after called as O.P) to refund advance amount of Rs. 2,25,000/- along with interest from the date of cancellation and pay special damages for causing mental agony on the allegations 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 offer made by OP-1 who claims to be the developer engaged in forming layouts, distributing residential sites for its Member at different places in and around Bangalore and OP-2 claiming to be the builder functioning along with OP-1; became the member of the OP-1 Forum on 09.06.2008 and entered into an agreement with OP-1 and OP-2 to purchase a residential site measuring 30 X 40 feet totally measuring 1,200 Sq. ft. for a total consideration of Rs.9,00,000/- formed in the layout known as Vayuja Counsil garden layout situated at Hoovinayakanahalli, Jalahalli, Bangalore Rural District. Complainant paid Rs.2,25,000/- advance amount to OP vide DD dt. 06.06.2008 drawn on Karnataka Bank, Bangalore. OP-1 & 2 acknowledged the advance amount and executed an agreement dated 09.06.2008. Both the parties agreed to the terms and conditions of the agreement. As per clause – 8 of the Sale agreement it is agreed between the parties that if the purchaser wants to cancel the site; the amount will be refunded without any interest after Six months from the date of cancellation letter submitted to the vendor. The copy of the Sale agreement is produced. Subsequently due to some unavoidable circumstances and personal problems. Complainant decided to cancel the site. Accordingly complainant submitted a letter of cancellation in writing to OP on 13.03.2009 copy of the letter is produced. Complainant approached OP several times to return the advance amount OPs. postponed the payment till date on one or the other pretext by giving false reasons. On 28.01.2010 complainant caused the Legal notice to OP-1 & 2 stating to refund the advance amount. Inspite of service of notice there was no response. Complaint felt deficiency in service on the part of the OPs. under the circumstances he is advised to file this complaint for the necessary reliefs. <br /> <br /> 3. On registration of the complainant notice is sent to OP-1 and 2. Inspite of service of notice OP-1 and 2 remained absent without any sufficient reason or cause. Hence OPs placed ex-parte.<br /> <br /> 4. In order to substantiate the complaint averments the complainant filed his affidavit evidence and produced copy of the agreement, cancellation letter, legal notice & postal acknowledgement. OPs did not participate in the proceedings. Heard the arguments of the complainant.<br /> <br /> 5. It is contended for the complainant that the complainant being lured away with the offer made by OP-1 who claims to be developer doing the business of forming layout and distributing sites to its members at different places in and around Bangalore and OP-2 is a builder, became the member of the OP-1 and entered into on agreement with OPs to purchase a residential site dimension of 30 X 40 feets, totally measuring 1200 Sq. ft. for a total consideration of Rs.9,00,000/- formed in the layout known as Vayuja Council garden layout situated at Hoovinayakanahalli, Jalahalli, Bangalore Rural District.Complainant paid Rs.2,25,000/- advance to OP vide DD dt. 06.06.2008 drawn on Karnataka Bank, Bangalore. OPs after receipt of the advance amount executed an agreement date 09.06.2008. OP-1 & 2 have signed this agreement. Copy of the agreement is produced. Subsequently due to some unavoidable and personal problems complainant decided to cancel the site. Hence submitted letter of cancellation to OP on 13.03.2009. Copy of the letter is produced. Inspite of repeated requests OP failed to refund the advance amount. On 28.01.2010 complainant caused the legal notice. Inspite of service of notice there was no response. OP neither replied notice nor refunded the amount. Hence complainant approached this Forum.<br /> <br /> 6. Further it is contended for the complainant that as per clause 8 of the agreement OP has to refund the advance amount without interest after Six months of receipt of letter of cancellation. The clause 8 of the agreement reads as follows:<br /> <br /> “It is agreed between the vendor and the purchaser that if purchaser wants to cancel the site, the amount will be refunded with out any interest after Six months from the date of cancellation submitted to the vender.”<br /> <br /> 7. The complainant has issued letter of cancellation to OP on 13.03.2009. Same being acknowledged by OP on the same day. OP has failed to refund the advance amount till today. As per the clause – 8 of agreement OP failed to refund the advance amount of Rs.2,25,000/- to the complainant even after Six Months of receipt of cancellation letter i.e. 13.09.2009. Hence OP is liable to pay interest at the rate of 12% P.A after Six months from the date of receipt of cancellation letter i.e., 13.09.2009 to till the payment. Retention of advance amount by OP evenafter receipt of cancellation letter from the complainant, after repeated requests made by the complainant, and further inspite of receipt of legal notice dated 28.01.2010, amount to deficiency of service on the part of the OPs. There is no response from OPs.<br /> 8. We have perused the complaint averments and unchallenged affidavit evidence of the complainant. The documents produced by the complainant corroborates the case of the complainant. There is nothing to discord the sworn testimony of the complainant. From the absence of the OPs inference can be drawn that OPs admits all the allegations made by the complainant in toto under the circumstances we are of the considered view that complainant is entitled for the relief of refund of amount along with interest at 12% PA from 13.09.2009 to till payment and litigation cost of Rs.2000/-. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OPs are directed to refund Rs.2,25,000/- being advance amount received with 12% interest p.a from 13.09.2009 to till payment and also to pay litigation cost of Rs.2,000/- to the complainant. <br /> <br /> This order is to be complied 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 June 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> gm <br /> <br />